ATLANTA — An Atlanta man is speaking out with concerns about the investigation in his older brother’s death. The driver who hit his brother is South Dakota’s attorney general.

“My worst fear is that my brother was just laying on the side of the road, within the reach of the headlights from where the car apparently stopped and was laying there dying and suffering,” Tony Boever said.

Boever lives in Atlanta and wants to defend his older brother, Joe Boever. He says some people are blaming his brother for what happened.

A driver hit Joe Boever Saturday while he was walking at night off to the side of a South Dakota highway.

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“This isn’t like any other vehicle fatality. It involved the top law enforcement for the state,” Tony Boever said.

South Dakota Attorney General Jason Ravnsborg initially told investigators he thought he hit a deer.

“For some reason, he decided to, that same driver, come back the next morning and look for quote on quote, ‘dead animal’ and found my brother,” says Boever.

The governor says out of state investigators are helping the State Highway Patrol with the investigation into the crash.

“We are adding an extra level of transparency and accountability that I think is necessary in this case,” Gov. Kristi Noem said.

Boever questions if there is transparency.

“In the spirit of true transparency, I think it would be the right thing to state exactly who is doing what and when and how and to start putting out a timeline,” he said.

Ravnsborg is still working in his position. That is something Boever says doesn’t sit well with him.

“You are innocent until proven guilty, but that does not mean you get to live your life like nothing happened,” says Boever.

Channel 2 Action News reached out to Ravnsborg. His office sent us a two-page statement that said, in part, he is cooperating with investigators and offers his deepest sympathy and condolences to the family.

Cox Media Group