Vehicular homicide case delayed

James Prather

A Spencer man's trial related to a traffic death in August has been delayed.

James Owen Prather, 51, of Spencer faces felony charges of vehicular homicide, serious injury by motor vehicle and leaving the scene of an accident resulting in death.

Prather pleaded not guilty to the charges and waived his right to a speedy trial. The case was set to begin Tuesday at the Clay County Courthouse.

Attorneys in the case asked for a delay because both are involved in "civil litigation that will preclude their attendance in the case," according to court documents.

Judge Nancy L. Whittenburg agreed to the continuance. A pretrial conference has been scheduled for 9:30 a.m. Friday, Jan. 8. A new trial date has been set for 9:30 a.m. Tuesday, Jan. 27.

The vehicular homicide charge is a Class B felony and carries a penalty of no more than 25 years in prison. The remaining charges are Class D felonies and each carry a fine of $750 to $7,500 as well as a penalty of no more than five years in prison.

Charges were filed after the Spencer Police Department responded to a hit-and-run crash on the evening of Aug. 4 involving a sports utility vehicle, which rear-ended a motorcycle as both vehicles were traveling east on U.S. Highway 18 near the area of Del's Garden Center.

Both riders were thrown from the motorcycle and were transported to the Spencer Hospital by ambulance. They were later transported by emergency helicopter to a trauma center in Sioux Falls, S.D. The driver, 30-year-old Brian Beck of Spencer, passed away, two days later, from injuries sustained in the crash.

Beck's passenger was 19-year-old Krystal Plagman of Marathon. She has since been released from the hospital.

The SUV continued east on Highway 18 and left the scene. It was located a short time later at the Country Villa Trailer Court just south of Spencer. Investigation by officers resulted in Prather's arrest.

Officers and the county attorney's office believe alcohol was a factor in the crash. An accusation of operating while intoxicated is included as part of the vehicular homicide charge.

Prather is represented by Eldon J. Winkel of Algona. The charges were filed through Clay County Attorney Michael Houchins' office.