Fatal Boat Crash Headed To Trial

Bismarck Dinius has been dealt a serious blow. He found out in court today that he will stand trial in the death of Lynn Thornton of Willows. She was a passenger on the sailboat Dinius was steering one night in April 2006, when a powerboat driven by the number two official in the Lake County Sheriff’s Department slammed into them. A judge ruled today Dinius should be tried for manslaughter because the navigation light on the stern or back of the boat was off at the time of the crash. That issue is in dispute, and most members of the sailing community are outraged that the powerboat driver isn’t being charged because of his high rate of speed at night. Dinius told me today, “I can’t imagine that the facts of this case if presented to a jury would convict me. I have to believe in that, I really do.” He’ll be arraigned in July and receive his trial date, most probably in September.

Lake County Superior Judge Richard Martin said in court today that Bismarck Dinius, because of his experience as a sailor, should have known that powerboats speed around Clear Lake at night. Martin says Dinius should have made sure his sailboat’s stern light was on. The judge apparently rejected testimony from two defense experts that the filaments in the sailboat’s light bulbs show they were on a millisecond before the crash. He relied on people who were in the area that night – two teenage girls who were socializing on shore, two fishermen in a boat nearby – who said they didn’t see the sailboat’s lights. We explored problems with their stories in past reports and blogs.

The man driving the powerboat, Lake County Chief Deputy Sheriff Russell Perdock, testified today he could see lights on shore across the lake, but that he could only see objects on the water about ten feet away. Perdock said there’s no speed limit on Clear Lake even at night, but that he understood state and federal safe boating laws apply. In Perdock’s words, “To the best of my recollection, it’s that you’re able to either avert your course or be able to stop.” Defense attorney Victor Haltom asked, "Were you traveling at a speed where you could have slowed down in a distance of ten feet?” Perdock answered, “No.” Perdock was traveling a reported 40 to 50 miles an hour that night.

In his closing arguments, Haltom said, “I think it’s just matter of common sense that had Chief Deputy Perdock had been driving his boat at a reasonable speed, maybe even 15-20 mph, we don’t have a dead person in this case, we have an accident, maybe some injuries. … The ringing, searing question that any reasonable observer of this case has to be asking is why is Perdock not being charged with vehicular manslaughter with gross negligence?”

By law, Perdock could still face charges. Knowing the Lake County District Attorney's position on the case, it's not likely. We’ll see what a jury decides in Bismarck Dinius' case this fall.

Comments

[I Was There]

Susan,
I am sorry for your apparent loss. I did see Dodd's testimony. I have read his report. While I do understand your line of thinking, I live on this lake and I know that Perdock didn't do anything that night that doesn't happen almost every night. I watch the boats on the lake often now. Nothing has changed. I see boats going at all rates of speed at all times of night and variances of darkness. And as I watch, I realize again that it would have been as simple as Dinius or Weber just turning on the lights. So, while Dodd based his information on the testimony of Chilcott saying the lights were on, I base my opinion on the fact that nine people say there were no lights on. The truth is still the same, Lynn Thornton died. I know that neither Dinius nor Weber intentionally took her life, but their complete lack of responsibility, as expert sailors, due to being intoxicated, caused her death.

[Steve]

To: I Was There

You simply don't get it, do you?

Allow me to be as succinct as I can. SPEED was the sole cause of this tragedy. Period.

Regardless of who/what was in control of the helm of the sailboat, (we have autopilot, some use tiller-tamers) the simple fact of the matter is, supported by witnesses... the stern light was ON. The breaker in the OFF position is of no consequence here as it very well could have tripped following a short circuit after the collision.

For convenience, let's say that the powerboat was doing 45 MPH. The stern light, I believe it is an AquaSignal series 25, is visible for one mile. At a rate of closure of 40 MPH, (45MPH less 5 MPH for the sailboat), the sternlight would have been visible to Perdock for about a minute and twenty seconds before impact.

I'm sure you can't possibly argue that there was, in all probability, conversation taking place on the powerboat during this time, as there was, I'm sure, on the sailboat. Now, the minute and twenty seconds of stern light visibility becomes SIGNIFICANTLY less than that due to distraction.

According to law, the sailboat, being the stand-on vessel has no obligation to alter course.The powerboat, overtaking from astern, MUST KEEP CLEAR.

I hope that Dan and the I-Team can arrange for a powerboat to head out on the lake after dark and show that a single white nav light is virtually impossible to pick out against shore lights until you're right on it.

[Juan F. Dominguez]

Hi, Dan
Lets get real, speed kills and if you just change the two drivers involved into the others boat/// YOU KNOW WHO WOULD BE ON TRIAL???
The same man.
In Perdocks testemony he said he saw the lights of the sail boat just before he hit it. Check it out youll find this to be so.
The speed boat angle had to be up in order to hit on the top rear of the sail boat and completly go over it. Think of the vision he had if his boat was not plaining.

[I Was There]

Steve,
You saying I don't get it doesn't change my opinion. And apparently your line of thinking didn't change the Judge's either. I will be brief, one more time.
There was one witness who testified that he saw the lights on approximately 2 hours before the collision. To me that is like saying, "I saw them sailing last week and they had their lights on." Insignificant to this case. Then we have Chilcott the paid expert witness who examined the bulbs and said they were on. Wes Dodd just agreed with his finding about the lights,but that is not his field of expertice.
Then, nine eye witnesses to the collision who say they saw no lights on at the time of the collision. And lastly the forensic scientist from the Calornia State Department of Justice.
I now realize we all can discuss this forever and some people will never see it any other way. I will wait for the jury to dicide.

[I Was There]

Sorry Mr. Dominguez,
Your statement is incorrect. Perdock didn't see the lights before the crash he saw the boat, JUST before the crash. Perhaps you are remembering testimony incorrectly.

[A_Boater]

Does anyone have a link to the transcripts of the preliminary hearing? That would clarify whether the nine prosecution witnesses "saw the boat and the lights were off" or whether they simply "didn't see the sailboat".

There's a world of difference between the two statements, and it appears that Perdock's apologists are trying to twist testimony to the effect of "I didn't see the lights" into "the lights were off".

And while we're on the subject of lights, there seems to be little dispute over whether the cabin light was on. Sheriff's Boat Patrol Sgt. Dennis Ostini, testified that the cabin lights were on, although he did not put this in his official report. Why did he decide to suppress evidence like this?

["I Was There" Is Senseless (and/or Perdock)]

Question: How many of the prosecution's alleged 9 eye-witnesses to the crash testified at the preliminary hearing?

Answer: 1 -- Perdock. And, he was called by the defense, rather than the prosecution.

Let's see how many eye-witnesses the prosecution claims to have once this case goes to trial.

In any event, who cares about the eye-witnesses? The physical evidence --- the filament analysis conducted by Chilcott --- shows that the stern light was on.

What's more reliable --- physical evidence or second-hand, purported, eye-witness testimony?

"I Was There" lives in a world where it's OK to turn a blind eye to the conviction and imprisonment of innocent people. Maybe he/she/it is a member of the Lake County Sheriff's Department or the Lake County District Attorney's Office.

[A_Boater]

From reading the various blogs and comment forums I'd venture to guess that there's no more than a half-dozen (or fewer) people posting all the pro-Perdock stuff. It's the same writing style over and over again. I'm guessing it's a couple of his friends and co-workers. Perhaps Perdock himself.

For anyone else, the "Duh" factor is so overwhelming as to make their attempt at a Chewbacca defense laughable.

http://en.wikipedia.org/wiki/Chewbacca_defense

[lynn]

I must say in reading some of those disgusing bogg comments in the LCRB "it is what it is" wrote she was a drunk. As if her life was no loss to society.
The headline should read "Officer Killed By Officer."
Lynn Thornton, had she survived this accident, I believe she would stand along side Dinius in court. Since she is not, will there be co-worker's of hers (peace officers) there representing Lynn's presence and reputation?

[Lynn's cousin]

You bet I will be there.

[tx-sailor]

The lights are not as important as you might think. Beats Workin's lights were not Perdock's safety gear.

Perdock, like all boaters, was required to navigate safely, avoiding both properly lit and unlit obstacles.

It's not open season on boats with electrical failures, for example.

This case is unbelievable.

[lynn]

call to Greta @ Fox news to expand this injustice

[Hope]

Why dont the attorney general step up and do his job and charge the right person

[lynn]

Question only (if)

If the DA handled a similar case like (Dinius) in the past and he has now become a judge ....Would you want this judge to hear the Dinius case now?

[aloha27]

Hi Dan

I hope you don't mind, I've posted a link on Sailing Anarchy to your archived video reports about this case. If you have any objection, I'll certainly remove it.

My apologies for not asking beforehand.

[Osirus]

Has anyone involved in this case ever taken a boating safety coarse? or even read a manual?? I grew up on this lake, and was a member of the sea explorers, Sail Boats are the marine equivalent to pedestrians..
Sailboats ALWAYS have the right of way no matter what! Think About it.
Who is in the wrong if a car hits a pedestrian, regardless of negligence or speed of travel of either party?

Enough Said.