Man sentenced to 40 years after Rapid City collision with police car kills woman, injures officer
A 28-year-old man was sentenced to 40 years in prison, with 15 suspended, for hitting a police car in Rapid City in Sept. 2023 while driving drunk, killing his passenger and injuring the officer.
Seth Keim appeared for his sentencing before Circuit Court Judge Joshua Hendrickson at Pennington County Court Friday afternoon. The room was filled with friends and family of Keim and the victim, 27-year-old Lexi Hagen.
According to police reports, Keim was allegedly driving southbound on Haines Avenue at about 12:20 a.m. on Sept. 3, 2023 with a .16 blood alcohol content — double the legal limit. Witnesses estimated he was driving about 45 to 60 miles per hour.
A Rapid City police officer was driving his vehicle northbound when he went to turn left into the Harbor Freight parking lot. After checking if the turn was clear, he turned when a 2003 Volkswagen Jetta T-boned him. The officer said he never saw the vehicle before it hit him.
According to Deputy Pennington County State's Attorney Olivia Siglin's comments at the sentencing, the collision gave the officer a concussion and put him out of work for weeks.
The passenger in the Volkswagen, Hagen, was left unconscious. She died at the hospital.
Keim, the driver of the Volkswagen, told a South Dakota Highway patrolman he was not wearing a seatbelt and had just come from the bar. A field breathalyzer test showed Keim at twice the legal driving limit.
According to Keim's defense attorney, Matthew Skinner Jr., Keim broke his left foot and right femur in the crash.
According to documents filed with Keim's charges, he's been convicted of four DUIs — two in April 2017, one in January 2017, and another in December 2021.
Documents also show Keim has three past felonies. Two convictions for possession of a controlled drug or substance in April 2017 and April 2018, and a fourth-offense felony DUI from December 2021.
Keim was indicted for vehicular homicide, driving under the influence, vehicular battery, driving with a revoked license and reckless driving.
Vehicular homicide is a class 3 felony with a maximum penalty of 15 years in prison and up to a $30,000 fine. Vehicular battery is a class 4 felony with a maximum penalty of 10 years in prison and up to a $20,000 fine. DUI, driving with a revoked license, and reckless driving are all class one misdemeanors with a maximum of one year in the county jail and up to a $2,000 fine.
On Aug. 26, Keim took a plea agreement with the Pennington County State's Attorney's Office. In exchange for a guilty plea for vehicular homicide and admitting to Part III habitual offender information, which enhances the charge to a Class 1 felony, all previous charges would be dismissed.
After the increase to a Class 1 felony the maximum penalty Keim faced was 50 years in prison and a $50,000 fine.
Muffled cries and whispering pleas were made from Hagen's friends and family in the courtroom as their victim letters were read out loud before the court. Each letter highlighted the "free-spirited" woman Hagen was before the accident.
The state cited Keim's history of DUI convictions and his mandatory completion of programs at four different treatment facilities for his drinking — and how none of those consequences seemed to detour Keim from getting behind the wheel.
Siglin said the complexity of the crash was something you would see on a major highway not in the middle of town where the speed limits are 35 mph.
Siglin argued Keim had made a reckless decision to drive under the influence "over and over and over again," resulting in the tragic events of that night. Siglin requested a 40-year prison sentence, highlighting the fact that Keim was driving at approximately 60 miles per hour on Haines Avenue when he collided with the patrol vehicle, noting that this incident marked the second time Keim had struck a police officer while driving drunk.
"The defendant's actions were entirely preventable. Despite multiple prior offenses, he chose again to put lives at risk by driving under the influence. Lexi Hagen's death and Officer Kumjian's injuries are heartbreaking reminders of the devastation caused by drunk driving. This sentence reflects the seriousness of his crimes and the need to protect our community from individuals who repeatedly ignore the law. While no sentence can bring Lexi back, we hope this outcome provides some justice for her family and peace of mind to those affected," said Siglin.
Skinner echoed the state's thoughts on how reckless Keim was that night and his history of repeating similar scenarios while under the influence. However, Skinner requested the court to consider a lesser sentence to give Keim a chance to grow from this incident. Skinner suggested a 15 year sentence with 10 suspended.
After hearing from the victims and the defense, Hendrickson sentenced Keim to 40 years in prison, suspending 15 years of that sentence, stating he felt Keim was a danger to the public.
"I don't think this is an accident. I don't think it's intentional per se, but every action leading here was a conscious one," Hendrickson said.
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