South Dakota, nation watch as Senate considers fate of Attorney General Jason Ravnsborg

PIERRE — The widow of the man who Jason Ravnsborg killed nearly two years ago sat Tuesday morning within feet of the 46-year-old attorney general, whose political future hangs in the balance this week.

The moment marked the start of South Dakota's first-ever impeachment trial, expected to last two days, with a final decision from the Senate anticipated some time Wednesday to convict or acquit Ravnsborg of impeachment articles passed by South Dakota House of Representatives earlier this year.

If Senators sustain the impeachment by a two-thirds vote, a second vote on whether the attorney general should be permanently disqualified from holding public office in South Dakota will also take place before the Senate adjourns.

On opposite sides of political history, Ravnsborg and Jenny Boever listened as prosecutors and defense attorneys spent hours in the Senate gallery at the state Capitol, making the case for and against removing South Dakota's top law enforcement officer from office.

The debate focused on Ravnsborg's conduct related to the death of 55-year-old Joseph Boever, who died after being struck by a car being driven by the attorney general Sept. 12, 2020.

More: South Dakota state Senate hears Jason Ravnsborg impeachment arguments: Photos

"The prosecution will ask you, Senators, to sustain the articles of impeachment against the attorney general both as to count 1 - the misdemeanor offenses that led to Joe Boever's death ... but perhaps more important as to these specific proceedings, the countless occasions of malfeasance of office that followed," said Alexis Tracy, the Clay County State's Attorney who made opening arguments on behalf of the Senate prosecution team Tuesday morning.

Along with Pennington County State's Attorney Mark Vargo, the prosecutors spoke with conviction as they walked 33 of 35 senators in attendance through the events of the 647 days since the crash and the articles of impeachment adopted in the House.

What they attempted to show was a pattern of abuse of power by Ravnsborg, who has maintained he was not aware he'd struck a human until the morning after the crash.

More: South Dakota Attorney General Jason Ravnsborg not on impeachment trial witness list

In scathing opening arguments, Tracy noted Ravnsborg did not provide key details of what transpired that night to detectives, tapped state resources for information related to the investigation that followed the crash and identified himself as the attorney general to law enforcement officers and 911 dispatchers both the night of the crash and in encounters with police before and after the crash.

"A man lost his life due to the attorney general's distracted driving. The seconds, minutes, hours, days, weeks and beyond this transpired, the attorney general has had countless occasions to do the right thing and at virtually every opportunity he has chosen not to," she said.  "He's used his title in an attempt to gain influence, lied, misled and misdirected law enforcement officers, committed crimes of dishonesty, utilized resources within the attorney general's office for his own personal gain in this criminal investigation.

Ravnsborg's defense team – Sioux Falls attorney Mike Butler and Ross Garber, a nationally renowned legal expert in political investigations and impeachments –contends, though, while their client may have errored in his recollection of the crash in statements made publicly and to police since the tragedy, the allegations of wrongdoing outlined in the impeachment articles do not merit removal from office.

More: Senate prosecution will make case that South Dakota AG Jason Ravnsborg abused his office

Where the prosecutors attempted to paint Ravnsborg's conduct as deceitful and calculated, Butler said the facts show their client cooperated with detectives throughout the aftermath. For instance, he volunteered to be interrogated on two occasions, handed over his cellphones without dispute and even offered to submit to a polygraph.

"Being mistaken is human, and although Attorney General Ravnsborg was elected attorney general, he did not leave the human race and become perfect. And he is still not perfect," Butler said. "But what he did here, each and every step along the way, was to provide legal cooperation.

"He doesn't have to answer why he was wrong, but he was not lying," Butler added. "If you want to say, 'He knew it, he was lying,' don't just say it. Prove it with clear and convincing evidence."

Opening arguments were followed by a series of witnesses called to the stand by Tracy and Vargo, including several law enforcement officers from the South Dakota Highway Patrol and the North Dakota Bureau of Criminal Investigation, which partnered in investigating the crash.

More: Sioux Falls attorney Mike Butler to lead AG Jason Ravnsborg's defense at impeachment trial

Former employees of the South Dakota Division of Criminal Investigation, which operates under the umbrella of the Attorney General's Office, were also slated to testify before the Senate.

Follow the Argus Leader for more coverage as the trial continues, by staying with argusleader.com or @argusleader on Twitter.

This article originally appeared on Sioux Falls Argus Leader: AG Jason Ravnsborg's impeachment trial starts in South Dakota Senate