KENNEBEC, S.D. — A 12-member jury began deliberations Thursday afternoon in the second-degree manslaughter trial of Jan Bothma, following closing arguments from both the prosecution and defense at the Lyman County Courthouse.Bothma, 32, is charged in connection with an April 25, 2024, collision that occurred at the intersection of 305th Avenue and South Dakota Highway 248, near Presho. Authorities say he failed to stop a Case IH sprayer at a posted stop sign, resulting in a crash that killed 33-year-old Chance Veurink, of Vivian. Bothma was working in the area on a visa for a local farming operation at the time.

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In his closing statement, Lyman County State’s Attorney Steve Smith framed the jurors’ task as one of careful decision-making and responsibility. He told the jury that they had already made one difficult decision earlier in the week — when they were selected and agreed to serve impartially. “That was the second hardest decision you’ll make in this courtroom,” Smith said. “Now comes the hardest one — determining whether the defendant is guilty or not guilty.”Smith emphasized that the case centers on the choices made by Bothma. He argued that Bothma made a conscious decision to go through the intersection without stopping, despite knowing the risks involved. “He self-admittedly went through that stop sign,” Smith said. “It was a true risk to go through it. It was a reckless choice — a choice he made for himself to speed up, to get where he needed to go. But Chance Veurink wasn’t safe because of that choice.”Smith also highlighted Bothma’s experience, stating he logged approximately 300 hours operating the same equipment on rural Lyman County roads. That level of familiarity, Smith argued, indicated that Bothma understood the capabilities and limitations of the sprayer, including its blind spots and the importance of checking for traffic. “He was aware,” Smith said. “He knew the risks and made the choice anyway.”Defense attorney George Johnson challenged the state’s characterization of Bothma’s behavior as reckless. He argued that while Bothma made mistakes, including failing to fully clear the intersection, those actions did not meet the legal threshold for recklessness. Johnson said there was no evidence that Bothma was aware of Veurink’s vehicle before the crash.

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“To be reckless, a person must consciously disregard a known risk,” Johnson told the jury. “Bothma wasn’t aware of any immediate danger. He may have been negligent — maybe he should have looked harder — but negligence is not the same as recklessness.”Johnson also pointed to investigative shortcomings. He noted that three different law enforcement officers interacted with Bothma at the scene, but none asked him why he didn’t stop at the sign. He further argued the state could not definitively prove Bothma was on his phone at the moment of impact, citing a lack of precise data from a phone expert.In rebuttal, Smith reiterated the state’s position: that Bothma’s experience and situational awareness made it clear he understood the risks of not stopping. “This wasn’t a mistake made by someone unfamiliar with the machine or the road,” Smith said. “He took a risk — and someone died as a result.”Twelve jurors — eight men and four women — were selected from a larger pool on Monday. Two women were dismissed prior to deliberations beginning, leaving a 12-member panel to determine the verdict. Deliberations began shortly before noon Thursday. As of 3:25 p.m., the jury was still in deliberation.If convicted of second-degree manslaughter, a Class 4 felony in South Dakota, Bothma could face up to 10 years in prison and a fine of up to $20,000. Judge Margo Northrup is presiding.

By
Jennifer Leither

Jennifer Leither joined the Mitchell Republic in April 2024. She was raised in Sioux Falls, S.D. where she attended Lincoln High School. She continued her education at South Dakota State University, graduating in December 2000 with a bachelor’s degree in Journalism. During her time in college, Leither worked as a reporter for the campus newpaper, The Collegian. She also interned for Anderson Publications in Canistota, SD the summer of 2000. Upon graduation, Leither continued to reside in the Sioux Falls area and worked as a freelance writer for the Argus Leader for a number of years./jennifer-leither