Bill Janklow, D-SD, had been charged with second degree manslaughter [source]. Despite the sadness in the events, there is one positive sign. There was some consideration of charging Janklow with vehicular homicide, which is a stronger charge but this was reduced when there was no evidence of drug or alcohol use. I’ve always thought it pecular that being drunk or stoned was considered a mitigating factor. Particularly as an advocate of ending drug prohibition I think that use of psychoactive substances should increase the penalties for an illegal act, as it would have done in this case. When drug use actively harms others, it must be punished, not rewarded with reduced charges or sentences.