Amy Dalrymple, Forum News Service, Published December 14 2013
Defense attorney claims victim in fatal Williston hit-and-run 'put himself at risk'
David George Krause, 28, is charged with manslaughter and leaving the scene of an accident involving death, both Class B felonies.
Anthony Scoggins, a crane operator and father of three from Mississippi, died Dec. 5 after he was run over by a pickup outside of J Dub’s Bar and Grill in Williston.
Adam Vanderlinde, one of two passengers in the pickup, said the three men knew Scoggins had been run over, court records say. Vanderlinde said he felt a bump, looked back and saw the body, according to the court affidavit.
Police interviewed Krause on Wednesday and he said he was made aware that Scoggins had been run over by his vehicle, court records show.
Krause consented to a search of his cell phone and police found a Dec. 6 text message from Matthew Swanson, the other passenger, that read “Dude, that guy passed away last night … We should really do something. I feel terrible.”
A report from the state medical examiner’s office shows that Scoggins died of head and face injuries as a result of being run over by a vehicle, court records say.
Police interviewed the three men on Wednesday, after days of issuing pleas to the public for help in locating the pickup and the men involved. Investigators identified the men after reviewing surveillance footage and interviewing J Dub’s employees, who helped lead police to the men.
Swanson told police that on the night of the accident, he and Vanderlinde entered the four-door pickup on the passenger side, and an intoxicated male who was outside mumbled something to the group, according to the court documents.
The man attempted to return to the bar before returning to the truck and “threw punches” at Vanderlinde, who was seated in the backseat, Swanson told police. Krause was driving and quickly left the scene, Swanson told police, according to the court documents.
Police executed a search warrant at Krause’s residence and seized a four-door GMC Sierra pickup with Arizona plates.
Vanderlinde told police he and Krause washed the truck in the days after the incident because there were handprints on the vehicle, court records say. They also removed evidence from the rear wheel and tire, Vanderlinde told police.
Krause told police he washed his truck about noon on Monday.
Court information originally said Krause is from Delano, Minn., but he said in court his address is Alpine, Wyo.
Defense attorney James Thompson said Krause been doing construction work in the Bakken for about a year.
Kirsten Sjue, assistant Williams County state’s attorney, said she could not comment on whether Swanson or Vanderlinde will face charges.
In court Friday, Thompson argued for a lower bail his client, in part because Krause turned himself in to police.
Thompson said that Krause was not aware police were looking for him because the description of the pickup officers released did not match his. Thompson said the man was standing next to or hanging onto the pickup and Krause thought he may have run over the man’s foot.
“It’s not a normal hit-and-run,” Thompson said.
Sjue disputed that Krause voluntarily went to police.
“He was basically tracked down by law enforcement,” Sjue said.
After the court hearing, Thompson said Scoggins was trying to start an altercation with the group and grabbed the side of the vehicle as they tried to pull away. Thompson said Krause did not speed off.
“It seems like a situation where the decedent put himself at risk,” Thompson said.