KENNEBEC, S.D. — A Lyman County jury reached a partial verdict Thursday in the second-degree manslaughter trial of Jan Bothma, convicting him on two misdemeanor charges but deadlocking on the most serious count.

Bothma, 32, was found guilty of reckless driving, a Class 1 misdemeanor, and failure to make a proper stop at a stop intersection, a Class 2 misdemeanor. However, on count 1 — second-degree manslaughter — the jury was unable to reach a unanimous decision, resulting in a hung jury.

A hung jury means that despite deliberation, jurors could not agree on a verdict. As a result, a mistrial was declared on the manslaughter charge. A mistrial due to a hung jury is not considered a final judgment, so the state is allowed to retry the case.

Lyman County State’s Attorney Steve Smith confirmed that he intends to pursue a new trial on the manslaughter count.

After the verdict was read, Smith turned to the family of Chance Veurink and apologized, reassuring them that “this is not done.” Members of the Veurink family sat tear-struck in the courtroom, visibly emotional as the outcome was announced.

Bothma will be sentenced on July 17 for the two misdemeanor convictions. In South Dakota, a Class 1 misdemeanor is punishable by up to one year in county jail and/or a $2,000 fine, while a Class 2 misdemeanor carries a maximum penalty of 30 days in jail and/or a $500 fine.

The charges stem from an April 25, 2024, collision near Presho at the intersection of 305th Avenue and South Dakota Highway 248. Authorities say Bothma failed to stop a Case IH sprayer at a posted stop sign, causing a crash that killed 33-year-old Chance Veurink, of Vivian. Bothma, who is originally from South Africa and was in the area on a work visa for a local farming operation, was operating the equipment at the time of the crash.

In closing arguments, defense attorney George Johnson emphasized the state’s burden to prove recklessness beyond a reasonable doubt, noting that under the jury instructions, a conviction for second-degree manslaughter required a finding of reckless driving. Johnson argued that Bothma’s actions amounted to “imperfect logic and a bad choice,” describing them as negligent, but not reckless. Prosecutors countered that Bothma made a conscious decision to take a reckless risk by running the stop sign, despite understanding the potential consequences.

Jurors began deliberating shortly before noon Thursday. By late afternoon, they informed the court they could not come to an agreement on the manslaughter charge, prompting the court to declare a mistrial on that count.

The trial took place over four days at the Lyman County Courthouse, with a jury composed of eight men and four women.

The Mitchell Republic was unable to obtain comment from the defense team, the defendant, or his wife, who was with him in the courtroom, following the verdict.

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.
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