Jason Ravnsborg, the state's top law enforcement officer, said last week he will not step down before he gets a hearing in front of a judge. Prosecutors have charged him with three misdemeanors but no felonies in the September death of 55-year-old Joseph Boever.
Rep. Tim Goodwin, a Republican whip whose job is to gain support from his fellow lawmakers, said Ravnsborg should resign and that lawmakers are considering impeachment if he doesn't.
“I think what's best for everybody is that he just does the honorable thing and steps down,” Goodwin said, adding that the crash was tragic for both Boever's family and Ravnsborg.
South Dakota law allows officials like the attorney general to be impeached for conduct that includes a "misdemeanor in office.”
Republican House Speaker Spencer Gosch acknowledged that impeachment was being weighed by lawmakers, but said that the legislative resolution that would start such proceedings has not been filed.
If the House initiates Ravnsborg's impeachment, it would require a vote from at least half of House lawmakers to advance the impeachment resolution to the Senate. There, it would require two-thirds of senators to convict and remove him from office. Gov. Kristi Noem would get to appoint a replacement if Ravnsborg was removed from office or resigned.
A spokesman for Ravnsborg did not return a request for comment.
The Republican attorney general, who was elected to his first term in 2018, initially told authorities that he thought he had struck a deer or another large animal as he was driving home to Pierre from a Republican fundraiser late on Sept. 12. He said he searched the unlit area with a cellphone flashlight and didn’t realize he had killed a man until the next day when he returned to the accident scene on U.S. 14 near Highmore.
After an investigation that stretched over five months, prosecutors said they still had questions about the crash but were unable to file more serious criminal charges against Ravnsborg. They charged him with careless driving, driving out of his lane and operating a motor vehicle while on his phone.
Though prosecutors said he was not using his phone at the time of the crash, he had been using it while driving about one minute before. The attorney general could face up to 30 days in jail and up to a $500 fine on each charge, if convicted.