Manslaughter trial begins in fatal South Dakota farm equipment crash

Yahoo

2 days ago

Jun. 2—KENNEBEC, S.D. — Jury selection and opening statements took place Monday for the second-degree manslaughter trial of 32-year-old Jan Bothma, a South African national accused of causing a fatal crash last year while operating farm equipment.
From a larger pool, a jury of eight men and six women was selected to hear the case, which is expected to last most of the week due to the number of witnesses the state plans to call.
The crash occurred on April 25, 2024, along 305th Avenue near Presho in Lyman County, central South Dakota, approximately 40 miles west of the Missouri River.
Bothma was driving a Case IH farm tractor and sprayer when he allegedly failed to stop at a posted stop sign, striking a pickup truck driven by 33-year-old Chance Veurink of Vivian. Veurink died at the scene.
Bothma, who was working on a visa for a local farmer in nearby Presho, faces charges of second-degree manslaughter — a criminal offense in South Dakota defined by reckless or negligent behavior that results in death.
"April 25 was a beautiful spring day full of promise, except for Chance Veurink," said Lyman County State's Attorney Steven Smith in his opening statement.
Smith urged the jury to approach their role with fairness, calling their decision to be fair "the second hardest decision you will make after the verdict."
He accused Bothma of recklessly using his phone while driving and running the stop sign. Smith also referenced a witness who reportedly saw Bothma speed up after slowing through a construction zone, portraying this as further evidence of negligent driving.
In contrast, defense attorney George Johnson employed an unusual tactic during his opening statement. Speaking metaphorically as if he were the tractor-sprayer itself, Johnson described the Case IH machine as a key piece of evidence. He argued that computer screens mounted inside the cab on the right side partially obstructed the driver's view, particularly of traffic approaching from State Highway 248.
Johnson also explained a known mechanical issue called "D-rate" that can cause the tractor to slow down automatically — a problem he said occurred on the day of the crash. According to Johnson, Bothma attempted to clear the intersection by pulling onto a side dirt road to avoid blocking traffic.
"It was my fault, not the driver's," Johnson said from the perspective of the tractor.
The trial kicked off with testimonies from Deputy Don Jennings and Sheriff Steve Manger, both with the Lyman County Sheriff's Office. Jennings served as the acting coroner on the day of the crash.
During questioning, Jennings and Manger reported details about the crash scene, the condition of the truck, and the extraction process used to remove Veurink from the vehicle. They also reported that a phone and tablet recovered from the crash were returned to Veurink's family.
Judge Margo Northrup is presiding over the case. The second-degree manslaughter charges are a Class 4 felony, a maximum penalty of 10 years imprisonment in a state correctional facility and a fine of up to $20,000.
Jury selection took place at the Lyman Elementary School on Monday morning to accommodate all potential jurors in one building before the trial moved three blocks down the street to the Lyman County Courthouse in the town of fewer than 300 residents. The trial is expected to continue this week with additional witness testimony.