Prather case pt. 1 - Defendant's appearance delayed

(Photo by Randy M. Cauthron) Clay County Attorney Michael Houchins and defense attorney Eldon Winkel of Algona confer moments after learning about a medical emergency involving 57-year-old James Prather. The Spencer man is expected to be sentenced at 10 a.m. Thursday for his role in a fatal hit-and-run crash in August. [Order this photo]

The court appearance for the Spencer man suspected in a fatal drunk driving case has been postponed until 10 a.m. Thursday after a self-inflicted medical emergency delayed the court process Tuesday morning.

Attorneys handling the James Prather vehicular homicide case scrambled to coordinate a change of circumstances in the 15 minutes before the 57-year-old was scheduled to enter a guilty plea. Prather was also expected to receive his prison sentence Tuesday for a crash that ended the life of 30-year-old Brian Beck of Spencer on Aug. 4.

Police filed charges on suspicion that Prather was intoxicated when he struck a motorcycle operated by Beck along U.S. Highway 18 near Del's Garden Center. Beck's passenger, Krystal Plagman of Marathon also was injured. Prather left the scene of the crash, according to police reports.

Some of Beck's supporters also volunteer as emergency first responders and had a hint of the potential delay when they heard a page regarding an apparent suicide attempt, involving a 57-year-old man, at the Country Villa trailer park where Prather lived.

Clay County Attorney Michael Houchins said preliminary information suggests Prather was attempting an intentional overdose by applying four patches, which administered a prescription medication through the skin.

Prather was unconscious when an ambulance crew arrived about an hour before the sentencing.

"His mother was there and she, I believe, made the 911 call," Chief Deputy Brad Hawley of the Clay County Sheriff's Office said.

The case saw several postponements as the framework of a plea agreement began to take shape. The 30 supporters who came to the Clay County Courthouse on behalf of Beck still went into the courtroom at 10:30 a.m. -- even though they learned, moments earlier, that the man charged with causing Beck's death wasn't going to be there. (See related story.)

They lingered at the courthouse to hear Judge Nancy Whittenburg revoke Prather's terms of release at a brief hearing. Victim impact statements are an often difficult part of the sentencing process and Whittenburg apologized on behalf of the court for the delay caused by Prather's medical emergency.

"We've got a young person here who was taken from his parents, was taken from his wife and we have two young children that no longer have a father," Houchins said. "They want a lengthy prison sentence -- and I guess I agree with them. In that situation, what's taken from them in a loss -- I could see that they want the judge to impose the maximum sentence possible."

Prather will be turned over to the Clay County Sheriff's Office upon his recovery. The transfer is expected to take place Wednesday.

Prather's defense attorney, Eldon Winkel of Algona did not object, citing a concern that Prather may be a threat to his own safety and the safety of others.

"I know he was very distraught about the whole case," Winkel said. "I had no inkling that anything like this would happen."

On Thursday, Prather will once again face up to 25 years in prison on the Class B vehicular homicide charge. A second offense -- serious injury by motor vehicle while intoxicated -- is a Class D felony, which carries a maximum five-year sentence.

"The state is going to argue for a consecutive sentence -- for 30 years," Houchins said. "And it's my understanding the defendant will probably argue for a concurrent sentence, which would mean 25 years. The choice the judge has is really 25 years or 30 years."

Houchins said he doesn't know how Tuesday morning's events will impact the judge's decision, but doesn't expect it to be a major factor.

"It's not going to change my opinion, anyway," Houchins said on Tuesday. "I'm going to move forward and stick with my recommendation of 30 years. I know the family was very disappointed. I met with them yesterday (Monday) and again today prior to sentencing. Obviously it is a very emotional time for them. We discussed our victim impact statements. They understand that some things aren't in their hands."