« Bernie Ward's Child Porn Indictment Unsealed | Main | Tiger Attack: No Slingshots »

Comments

Merchant Marine

Rule 6 Safe Speed

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

Rule 7 Risk of Colision

(e) If necessary to avoid collision or allow more time to asses the situation, a vessel may slacken her speed or take all way off by stopping or reversing her means of propulsion.

Boater

Boating laws include rules for right of way. The law for when interaction between a sailboats and speedboats is very simple. Sailboats always have the right of way. If the sailboat had its lights on, as witnesses say, it had the right of way. If the speed of the speed boat was faster than time of day made safe, the driver of the speed boat is guilty of speeding. So, what is the rational and legal reason the speed boat driver is not being prosecuted? Something is fishy in Lake County.

Steve White

It's a two and a half hour drive to Lakeport, so I have not seen it, but I believe the sailboat guy is being charged because if he is convicted, Perdock's assets would be protested from a civil suit. There is a principle in the law called "res judicata" which means a question has already been decided by a court.

If sailboat guy is found guilty in the trial run by his buddies, then Perdock can not be civilly liable in the wrongful death lawsuit by the dead woman's son.

The principle of res judicata says that fault has already been decided.

So, my guess is, the entire prosecution is intended, especially now that they know they have so many witnesses for the defense, to protect Perdock's assets. Yes, he had boat insurance, but not for as much as the lawsuit is likely to cost him.

Blame the DA for bringing a crooked case, and the State Attorney General's office for not taking it over.

superfly

They show no how to protect each other when they are all guilty as sin of violating the rights of others.

J. Schorfheide

Sheriff Mitchell,
During your Dec. 19th Command restructure briefing, who was in control of Lake County security? Mendocino or Sonoma County? Wasn’t that worth while for a news release at the local Nu-Paper? The Head line would read: Chief Deputy R. Perdock, the boat killer, promoted to Captain. There should not be any question about who did the killing on the sail boat. The good citizens of Lake County are still very much in doubt of a major cover up; even if the Attorney General thinks otherwise. Below is another high profile court case making the news nation wide about our wonderful county with crooked politicians?

Letter to the Editor, Lake County Record Bee Dec. 2nd, 2007
It took an out of County Judge to realize there is a problem in Lake County and ordered the trial of Mr. R. Hughes moved. By doing so he prevented the modern time lynching by the Lake County top Gunslingers, Sheriff Mitchell and D.A. Hopkins, also known as “The Appointees” to another county. In my opinion, Montgomery, Alabama is the perfect place for this national trial of Mr. R. Hughes. My question: Are these Appointees still thinking like the Klansmen without the hood from half a century ago? On the Sheriff’s website www.lakesheriff.com.
Under Recent Arrests where he daily ridicules the fine L.C. Citizens by humiliating them with a mug shut about their arrest. These folks are potential voters! Apparently he doesn’t care since he gets appointed every four years. “The Bottom Line” is that lately he is acting like Hugo Chavez. A vote of no- confidence should be in order from everyone in Lake County. Check out my website: www.sheriffmitchellresign.com Lake County tax payers deserve to know how much they are paying for his blunders with no end in sight and accumulating daily by him. It also shows the mediocrity job performance as an elected official.
Since he won’t resign most of Lake County will vote for a new sheriff in a few months. Hopefully we will not have any appointees again.
Kip Ringen for Sheriff! And prosperity for Lake County Again.
Jurgen Schorfheide

marine contract

Your news is so slanted I can't believe you would go this far. i live in Lake County. I work on this lake and I know for a fact that many of the boaters on this lake come from out of the county and park around the islands with no lights on. They fish, drink and what ever else you can imagine. I have almost hit a parked boat 3 times in the last 5 years. The lasw states you must maintain a safe speed as to avoid an accident, but what is a safe speed? On a dark night I could be going 5 mph and a boat parked in front with no lights on I would never see. Conversely on a full moon night I might be able to see a parked boat with no lights on 1/2 mile away. The law is vauge. People on shore cannot see lights on a sail boat 1/2-1 mile from shore. Sail boat lights are suppose to be on the mast. If the lights were on a power boater would see that light. Cabin lights are not running lights. Airplanes and boats have lights on the front and tails(Bow and stern) but on a sail boat the bow light and stern light could be blocked by people sitting on deck. I have no love for cops, but you people from out of town come up here tear up and down the lake drinking and acting like fools. This lake is the safest lake of all lakes in calif that allow power boating. Another thing that baja boat does not do 70 mph. It would have to be full blown motor and the out drive would have to have much work done on it. The boat speedo are never correct. I'm sure the investigator slanted his story to the kgo and I know Kgo slanted and stretched the truth it again just to make the story more dramatic. If you can't report the truth good or bad don't report anything. The sailboat driver was drinking. He should be charged....

JEFF

KIP RINGIN FOR SHERRIFF HE IS JUST LIKE THEM HE IS ONE OF THEM HE IS A GOOD OL BOY THAT WOULD DO ANYTHING TO GET HIS WAY OR HELP HIS FRIENDS. JERALD PFANN FOR SHERIFF A FAIR HONEST FAMILY MAN THAT CARES ABOUT KIDS AND FAMILIES AND DOING THE RIGHT THING JERALD PFANN FOR SHERIFF

Steve White

I doubt the stern light would be blocked by someone sitting on the boat.

There is a report on the Sheriff's web page about the DOJ reviewing his procedures, but it's kind of a joke they did not independently talk to anyone, and did not really resolve the issues fo the alleged late blood test for Perdock, or the allegation the deputies would not hear anything about the sailboat lights being on.

Allen Edwards

Lights on a sailboat do not have to be on the mast unless you are at anchor. Running lights are designed to allow someone to tell what direction a boat is traveling. The Sailboat in this case was stationary and had cabin lights on, which are more visible than running lights.

Think about going out on your buddies sailboat, he hands you the tiller to go get a beer. There is no wind (you are not moving) so you think you can handle it. A power boat hits you and you are charged with manslaughter. How would you like that.

JEFF

Only in lake county california

LC CITIZEN

THEY ARE PROBABLY GOING TO GET DENIUS TO TAKE THE BLAME BY PLEA BARGING IT DOWN TO PROBATION THEN HE WOULD PROBABLY PLEAD GUILTY JUST TO STAY OUT OF PRISON AND THEN PERDOCK IS OFF THE HOOK THEY DO THAT ALOT UP HEAR THREATEN YOU WITH PRISON AND THEN OFFER YOU LESS JUST SO THEY CAN GET A GUILTY PLEA ALOT OF THE PUBLIC DEFENDERS HELP THEM DO THIS AND LET ME GUESS THE OTHER JUDGE THAT DIDNT REMOVE HIS SELF IS MANN RIGHT

Steve H

This IDIOT sheriff IS GUILTY. Ray Charles can see it. He violated several maritime laws and will end up paying; hopefully with his job, assets, and 'good' name.

Is this the kind of Democracy we are trying to forcibly export all over the world? Is this what I risked my life for in the Military? When I hear about travesties like this I am ashamed to be an American, and wish that it were possible for Perdock and his ilk to lose that privilege...

This guy needs to HANG.

I just hope that someone with some REAL means gets interested in this case and helps to throw some big lawyers (MONEY) at the cause...We all know that justice requires MONEY...Sad but true...

WR

Couple of points.
1 - Sailboat running lights are covered by the same rules as powerboats running lights. red/green bow lights and a white stern light. They are done as such so that you can tell the direction the boat is headed.

2 - It does not take a blown motor to make a boat the size of that Baja run 70. We're boat dealers and have a 73 Chris Craft XK 22 w/a carburated 454 and Volvo DP. How fast will it run? GPS verified 80+. We've raced Baja's just like that one. They'll run 70, but I don't consider it a safe boat to go that fast in.

3 - At night, it's easy for lights to play tricks on your eyes. I don't know this lake, but if it's populated, on water lights can blend in with shore lights.

4 - That guy could have been drunk off his rocker or sober as a bird and it would not have mattered. The relative speeds of the boats in the colision would not have given him a chance to avoid the collision regardless. You'd be suprised at how quite a boat like that Baja can be when at speed and coming straight towards you.

pete morris

Rules of The road at sea are the same all over the globe except the USA where the old boys network runs true
The only criminal is the man who failed to follow the rule of the road at sea

That is the no 2 of lake county sheriffs department
the man is not fit to be in office or even push a pram up the main street given his conduct on the water

sailor

as an x serviceperson the idiot perdock should be sent to the front line with no flak jacket and count the cost of his stupidity while fighting along side people who belive in freedom and liberty and not corruption but then again law .303 would not cost so much.

the man is a waste of space and this is how the world sees the USA Full corrupt officals and arse kissing

aloha27

Excessive speed on the part of the powerboat is the only cause of this tragedy. End of story.

Paul

Drivers of Motor Vehicles get tested both on paper and on the road. Boat owners should get the same testing ever 2, 3 or 4 years.
50+mph at night. I have been a boater for 30 years. I have never observed this type of stupdity.

Doug Kirk, Sailor

Judge Crone or CRONEY, shameful abuse of power.

Doug Kirk, Sailor

Judge Crone or CRONEY, shameful abuse of power.

Ed Albea

in the interview did Donna bring up how many DUI SHE HOLD UNDER HER BELT ?OOPSIE BET NOT...SHE IS NOT CREDIBLE JUST DISGRUNTLED X and driving on a suspended license gee how many times now???yep she is as crediable as the folks who thought they saw lights..

Ed Albea

DRUNK DRIVING.........DONCHA GET IT PAL..........HAD HE NOT BEEN SO SOUCED SO BADLY HE WOULD HAVE AVOIDED IT ALL.....GET A GRIP BLEEDING HEART SOBER UP AND SEE THE FACTS...DRUNK DRIVING ON THE LAND OR WATER AND SOMEONE DIES THE DRIVER OF THAT VEHICLE IS ACCOUNTABLE...

Richard Alty

"Ed Albea" must be drunk himself.

It woulldn't have made the slightest difference if Bismarck was blind drunk or stone cold sober with the reflexes of a cat. The sailboat was going so slowly there was absolutely NOTHING he could do when a speedboat roared out of the dark into him at 50mph.

Richard

Steve Kratchman

In South Africa apartheid has been in reverse for the past several years. In Lake County the Ku Klux Klan appears in judgeships and sheriff's departments. The facts of this case are so incredibly ironic I just do not understand how the California State's Attorney General is not on top of this investigation. Perhaps they are all cronies. No way can a sailboat, day or night avoid collision with on oncoming boat at that speed. The woman on the boat saw it was coming at them but what was Dinius to do sober or drunk? It is so obvious a cover-up is being perpitrated the Lake County Sheriff's office shoudl be closed for investigation. SJK

CM Logan

A total travisty. Boss Hog at its worst. My check is in the mail.
CM Logan

Browne Altman

A common sense question I have is "How could someone sober have avoided being hit by the power boat?". The answer is there is nothing.

The question was asked what is safe speed under the conditions of that night. Answer: Safe speed is the speed that under the prevailing conditions the vessel can be stopped in half the distance an obstacle can be seen"

The question of if the person at the helm was drunk has nothing to do with the cause of the accident.

There were two causes of this accident and they are the two leading causes of boating accidents. First: "Failure to maintain a proper forward look out". Second: "Excessive speed".

The comments to this entry are closed.