02-26-2004, 09:57 PM
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[size 4]Driver charged in river accident[/size]
An accident on the Missouri River last month that claimed the life of a 42-year-old Bismarck man has led to criminal charges against the driver.
Dan Phillips, 47, of Bismarck, was driving the 1994 Chevrolet Tahoe that broke through the ice along the river Jan. 28 about 15 miles south of Bismarck. Phillips and his son, Dan Phillips Jr., 28, both escaped without serious injury but a passenger, Bradley Clark, died.
Phillips was charged Wednesday with felony manslaughter and misdemeanor reckless endangerment for causing the death of Clark and putting his son at risk, according to court documents. [url "http://oas.lee.net/RealMedia/ads/click_lx.ads/bismarcktribune.com/news/local/10.6325393665676955/734956816/Middle1/TBT2admin/Oaktree-03042003/oaktree.gif/30633066376237313430336536613030"][/url][url "http://oas.lee.net/RealMedia/ads/click_nx.ads/bismarcktribune.com/news/local/Middle1/1@Right,Middle1,Middle2,TopLeft,TopRight,BottomLeft,BottomRight,x05,x06%21Middle1"][/url]
"I took a look at the totality of the circumstances and the information they both (Phillips and his son) provided," Burleigh County Assistant State's Attorney Cynthia Feland said. "His actions were just flat-out reckless."
At his first court appearance Wednesday, Phillips sat alone at the defense table. He was handcuffed, wearing a black and white striped jail uniform.
His son, who just found out about his dad's criminal charges, sat behind him.
South Central District Judge Gail Hagerty read the charges against Phillips then asked if he could afford an attorney. Phillips asked the court to appoint one.
Next, Hagerty told him he had to plead guilty or not guilty to the misdemeanor. When Phillips hesitated, Hagerty told him if he had an attorney he'd be advised to plead not guilty. Phillips pleaded not guilty.
After a few agreeable comments by Feland, Phillips received a $5,000 unsecured bond. "Unsecured" means Phillips doesn't have to come up with any money and will be released with his promise to appear at all upcoming court hearings.
"The state doesn't consider him a flight risk," Feland said.
Phillips became emotional when the judge asked him if he had anything to add.
"It's a nightmare," he said. "He (Clark) was my best friend."
Hagerty interrupted, advising Phillips not to talk about the case without an attorney present.
After the first appearance, the younger Phillips said his father has been remorseful for his part in the death of his lifelong friend.
"He's just trying to deal with his life every day," he said.
At the time of the accident, Phillips said he had just purchased the Tahoe and was on an off-roading excursion to test it out. He said he drove onto the ice, thinking it was a sandbar, and tried to turn back when he noticed open water. Heavy steam rolling off the water obstructed his view.
"It was an accident. I don't think there should be any charges at all. It wasn't intentional and it wasn't suppose to happen," the younger Phillips said. "It was a freak accident, a tragedy, and life goes on."
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[size 4]Driver charged in river accident[/size]
An accident on the Missouri River last month that claimed the life of a 42-year-old Bismarck man has led to criminal charges against the driver.
Dan Phillips, 47, of Bismarck, was driving the 1994 Chevrolet Tahoe that broke through the ice along the river Jan. 28 about 15 miles south of Bismarck. Phillips and his son, Dan Phillips Jr., 28, both escaped without serious injury but a passenger, Bradley Clark, died.
Phillips was charged Wednesday with felony manslaughter and misdemeanor reckless endangerment for causing the death of Clark and putting his son at risk, according to court documents. [url "http://oas.lee.net/RealMedia/ads/click_lx.ads/bismarcktribune.com/news/local/10.6325393665676955/734956816/Middle1/TBT2admin/Oaktree-03042003/oaktree.gif/30633066376237313430336536613030"][/url][url "http://oas.lee.net/RealMedia/ads/click_nx.ads/bismarcktribune.com/news/local/Middle1/1@Right,Middle1,Middle2,TopLeft,TopRight,BottomLeft,BottomRight,x05,x06%21Middle1"][/url]
"I took a look at the totality of the circumstances and the information they both (Phillips and his son) provided," Burleigh County Assistant State's Attorney Cynthia Feland said. "His actions were just flat-out reckless."
At his first court appearance Wednesday, Phillips sat alone at the defense table. He was handcuffed, wearing a black and white striped jail uniform.
His son, who just found out about his dad's criminal charges, sat behind him.
South Central District Judge Gail Hagerty read the charges against Phillips then asked if he could afford an attorney. Phillips asked the court to appoint one.
Next, Hagerty told him he had to plead guilty or not guilty to the misdemeanor. When Phillips hesitated, Hagerty told him if he had an attorney he'd be advised to plead not guilty. Phillips pleaded not guilty.
After a few agreeable comments by Feland, Phillips received a $5,000 unsecured bond. "Unsecured" means Phillips doesn't have to come up with any money and will be released with his promise to appear at all upcoming court hearings.
"The state doesn't consider him a flight risk," Feland said.
Phillips became emotional when the judge asked him if he had anything to add.
"It's a nightmare," he said. "He (Clark) was my best friend."
Hagerty interrupted, advising Phillips not to talk about the case without an attorney present.
After the first appearance, the younger Phillips said his father has been remorseful for his part in the death of his lifelong friend.
"He's just trying to deal with his life every day," he said.
At the time of the accident, Phillips said he had just purchased the Tahoe and was on an off-roading excursion to test it out. He said he drove onto the ice, thinking it was a sandbar, and tried to turn back when he noticed open water. Heavy steam rolling off the water obstructed his view.
"It was an accident. I don't think there should be any charges at all. It wasn't intentional and it wasn't suppose to happen," the younger Phillips said. "It was a freak accident, a tragedy, and life goes on."
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