Boat Crash: D.A. To Dismiss Charge

It is a stunning development out of Lake County tonight. District Attorney Jon Hopkins has announced he will dismiss the manslaughter charge against Bismarck Dinius in Lake County Superior Court on Tuesday.

Dinius happened to be steering the sailboat at night with four friends aboard when a powerboat driven by the number two official in the Lake County Sheriff's Department, Russell Perdock, slammed into them, killing Lynn Thornton of Willows.

The D.A. did not charge Perdock; he charged Dinius with felony manslaughter, arguing that the sailboat's running lights were off and the sailor had been drinking. Dinius' defense attorney has argued for two years that Perdock was the one who caused the accident and should have faced charges.

Today's revelation came in an open letter Hopkins posted on the county website. At first, it seems to be a recitation of the strenghts of the prosecution case. Then, Hopkins discusses the civil settlement (he doesn't mention that Perdock and his passenger, James Walker, are the only ones involved who do not receive money in the settlement). Finally, Hopkins writes, "The question is whether there is a need to pursue criminal negligence charges in addition to and over and above the civil suit settlement. I have determined that the Manslaughter charge against Mr. Dinius should be dismissed and will make a motion to do that at the next court appearance Tuesday, July 21."

Lake County District Attorney Jon Hopkins

You might expect Dinius and his defense team to be celebrating tonight, but they are livid. The remaining felony boating under the influence charge carries a serious prison sentence (the maximum for the manslaughter was four years; it's three years for the BUI). Attorney Victor Haltom also questions the timing of Hopkins' letter. They are in the middle of jury selection -- voir dire, the process of selecting/rejecting jurors, was supposed to pick up Tuesday. Haltom will argue that Hopkins' open letter is very inappropriate, with the trial getting underway.

One interesting side bar ... We first found out about Hopkins letter and the news that he's dismissing the manslaughter charge after the D.A. wrote a businessman, Michael Hennesey, who's threatening to boycott not only Lake County wine, but anything made there. Hopkins attached his open letter in an e-mail to Hennesey, and copied all the local wineries and newspapers.

Dinius' defense attorney responded:

Dear Mr. Hennesey:

I am Victor Haltom, counsel for Bismarck Dinius.
Just a few moments ago, I received a copy of the response Jon Hopkins gave today to an e-mail you sent to his office on June 2, 2009.
In his response to you, Mr. Hopkins presents an "open letter." Happily, in the open letter, Mr. Hopkins announces his decision to seek dismissal of a manslaughter charge that should never have been filed against Bismarck Dinius. That is a charge that would have been filed against Russell Perdock if a rational, informed, objective decision-maker had been in charge of the Lake County District Attorney's Office at the time charges were filed in April of 2007.
Unhappily, Mr. Hopkins announces his decision to continue ahead with a felony charge against Mr. Dinius. With that felony charge, Mr. Hopkins continues to maintain that Bismarck Dinius caused Lynn Thornton's death. Indeed, in that charge, Mr. Hopkins alleges that some purported negligence on Mr. Dinius' part "proximately caused" the accident in this case. This is a false charge. Russell Perdock alone caused the tragic accident in this case. Russell Perdock alone caused Ms. Thornton's death.
The felony charge Mr. Hopkins is continuing to pursue is legally quite similar to the manslaughter charge Mr. Hopkins is dismissing.
Mr. Hopkins' "open letter" is a troubling document. It is riddled with falsehoods. It is inappropriately released to the media while jury selection is underway.
As noted, I just received a copy of Mr. Hopkins' letter. In due course, I will respond --- point-by-point --- to the litany of false assertions contained in the letter, and I will address matters that Mr. Hopkins has deceptively omitted from the letter.
Best,
Victor S. Haltom
Attorney at Law

I'll be there in court Tuesday, Twittering live, and I'll have the full wrap up on ABC 7 News at 6pm.

Comments

[Disbar Jon Hopkins]

In my opinion, Hopkins' letter is beyond "inappropriate." Rather, it appears to constitute a violation of the State Bar's Rules of Professional Responsibility, and could certainly be viewed as something created to "taint the potential jury pool." Seriously, is this guy the village idiot? I cannot think of any level-headed DA that would even try to pull a stunt like this during jury selection (except for the likes of NC DA Mike Nifong, and we all know what happened to him.) Coincidentally, Nifong was found to have neglected his duty as a prosecutor to seek the truth and a fair prosecution and was later disbarred. Moreover, during his disbarment proceedings, it was determined that his "prosecution" of the Duke students was a politically motivated act, the State Bar judges said, "that he inexplicably allowed to fester for months after it was clear the defendants were innocent."
Sound familiar??? We can only hope and pray that the U.S. Attorney will now investigate Hopkins and the Lake County Sheriff's Department and indict them for criminal civil rights violations as to Dinius and others. In the end, I believe it was the involvement of the Innocence Project that put the fear of God into Hopkins because without a doubt, Dateline NBC would not have been far behind, and then Hopkins and the Keystone Cops would have been put under intense public scrutiny by the nation.

[pplelena]

Anyone who has read the letter can clearly see that Hopkins only stated facts that have already been proven about the case.
The only reason Perdock and his passenger did not receive any money in the civil settlement is because they knew that would mean Lynn Thorton's family would get less, so they didn't peruse their claim. But of course Dinius wasn't kind enough to do the same.
Those of you who are still upset with the way this case is going obviously support driving under the influence. As stated in Hopkin's letter, this is not Dinius' first DUI offense.
It's articles and reporters like these that Hopkin's refers to as "'Spin Doctors.'"

[Analyst]

This is beyond inappropriate. It is and has always been corruption of justice. http://justicefordinius.home.comcast.net/~justicefordinius/dinius/The_Strange_Case_of_Bismarck_Dinius.html
Perdock, Hopkins and Mitchell should stand trial for corruption; and Brown and Byrne should stand as accessories. Period. End of story.

[Rory Kremer]

Until Perdock is indicted and stands trial for manslaughter in the death of Lynn Thornton...do not spend a dime in Lake County. There are better places to spend your valuable vacation days. Places where the protections of law cover all of us, not just those who carry a badge and a gun.

[Ned Davis]

Hopkins is obviously more concerned with trying to protect his own tarnished image than with seeking truth and justice.

His focus is wrong, and he has worsened his own image.

In the coverage of this case, Hopkins has come across as a crooked dunce. His letter reinforces that image. Is the guy sane? Right during the middle of jury selection, he sends out a letter full of BS to the press. Unbelievable.

[ARTISTorCONARTIST]

I want to hear the 911 tapes. It seems Hopkin's has had a change of direction once those tapes had been discovered. What might be hidden in those tapes? This case only gets worse by the day. What golden rabbit does Hopkins think he has pulled out of his hat? It's now time for the Attorney General to step in and investigate his inappropriate actions. If he was going to dismiss charges, then he should have dropped them all Hopkins faults the media, but isn't this the vehicle he just used in his open letter to argue his case?

[The Village Idiot]

I think that the Village Idiot DA of Lake County, who has practiced his Cowboy Justice for 37 years should be terminated immediately! Attorneys already have a bad reputation, and its corrupt clowns like this that put the frosting on the cake. Someone call Arnold! We just found a way to balance the budget! FIRE HOPKINS! SAVE TAX PAYERS DOLLARS!

[No Insane Prosecutors]

In his press release, this insane prosecutor says he can't tell how fast his buddy, Perdock, was going at the time of the accident. The insane prosecutor should dislodge his head from his rear-end and take a look at the evidence. He could start by looking at the photos of the boat damage. If he is capable of understanding rudimentary physical science, which appears doubtful, he could consider the fact that his buddy was going so fast that he launched up into the air after rear-ending the 27 foot sailboat, and flew all the way over it. He could then consider the fact that his reckless buddy told an investigating officer that the speed indicator in his boat was pointed up at the time of the accident, signifying a speed of 60 m.p.h. He could consider the expert reports, including those of his own so-called expert, which all contain conclusions that his killer buddy was traveling at an unsafe speed. He could consider the lying words out of Perdock's own mouth in which Perdock claimed he was only going 40 or 45. If the insane prosecutor cared about the truth, he would consider the statement of the retired cop on the shore who saw the killer going 55 just before the crash.

If this prosecutor had any credibility, he would consider all of this evidence. This is evidence. It is not just speculation and guesswork. The problem is that this prosecutor is either crazy or concerned only with protecting his reckless buddy and trying to makehimself look like less of a boob than he is. He is not concerned with attaining fairness and justice.

[pplelena]

It's a good thing that none of you want to spend your money and come to Lake County because we'll be a lot safer with out all of you drunk drivers!

[Allen Edwards]

My understanding was that there was no wind so it is very difficult to understand how the condition of the buy holding the tiller contributed to the collision. It is also my understanding that there are many people who saw the running lights on. I would like to see 60 minutes or dateline pick this up. I am surprised that they have not done so YET.

[Tony Papworth]

I have never seen a more blatant attempt to taint a jury pool in my life, Dissbar his crook immidiatly.

[lynn]

Ppelena, the girlfriend of the speed boat, aka as I Was There.
I do support Dinius the man who sat in a near motionless sailboat. It's your boyfriend who broke navigational laws while going an estimated speed of 60mph combine with a lack of visibility. Not something any prudent person would do. Yet, he continued until he slammed his boat into the sailboat and took a life. Russ should have known better, he took the risk so he should pay the price. Vehicular Manslaughter.
As a Deputy District Attorney, and the girlfriend, you are aware of the civil settlement and you also know it was decided Perdock and Walker were libel that's why they didn't receive a penny from the insurance company.
So isn't it time you start telling the truth and stop all the lies and mis-information you spread.
See you there with your so-called badge attached to your belt. I'm learning from you just because you wear a badge it doesn't make everything you say true.

[pplelena]

Lynn, I think it's about time you practice what you preach. I can back up what I say because there are documents, I'm sorry the same can't be said for you.

[Captain Dave]

This is clearly preditory prosecution. Its basic rules of the road; a boat being overtaken has the right of way. His drinking wouldn't of caused some nit wit to slam into his stern and the launch over him. The power boat was blatantly operated in an unsafe manner. I like that the DA is so dumb he doesnt understand simple physics. Whether the power boat was doing 40 or 60 doesnt matter he was operating well beyond a safe speed. Rule #1 is avoid a collision at all cost. If there's any collision both parties share responsibility for it. Ethically because his buddy was involved he should of withdrawn himself in the beginning. This is disgusting and I hope he's investigated. Perdock should at least be facing charges as well.

[I Was There]

Lynn,
Let me break down your post and answer it point by point.
First of all, pplelena is not Perdock's girlfriend as she has stated on other threads. She is an 18 year old friend of the family.
The sailboat was under sail and not "near motionless" as you state. According to the Dodd report, I believe, it was traveling at approximately 5 miles per hour.
Perdock was not traveling at 60 miles per hour. Why don't you wait for the testimony of all of the witnesses as to what the speed was estimated? Not just picking one you like.
As I have said over and over, my career is not in law enforcement. I have no legal connection to this case what so ever.
I am aware of the civil settlement and I know that Perdock could have held out for money like weber and dinius did. I also know that it was determined that all insurances were going to pay only so much. Any money Perdock would have recieved would have directly been taken from your friend Lynn's son, which is where dinius and weber's money came from. Directly out of the pocket of the young gentleman who lost his mother. How honorable of dinius and weber, merely to try and prove that Perdock was more responsible for the collision than they were.
Side note: People keep commenting that Perdock shows no remorse. What about dinius and weber? I have seen no remorse from them.
I have stated nothing but the truth or what I state as my opinion. I know what I know from sitting in on court proceedings or reading of the legal documents. From where do you get your information?
And if you plan on being in the courtroom for the trial, I guess I will see you there on the days that I may be able to attend. I do have a job. And it isn't anywhere near the courtroom. Why don't you identify yourself, and I will introduce myself so you will know who it is you continue to belittle.

[Sasha J.]

One person caused Lynn Thornton's death: Reckless Russell Perdock.

Mr. Dinius has the full support of Lynn Thornton's friends and family members. They want Perdock prosecuted for taking lovely Lynn's life.

You supporters of Perdock are the worst. This DA of your county is a perfect fit for you. It's too bad for the decent citizens of the county.

Your nitwit DA says in his absurd letter that people saw the sailboat lights on before the accident. What do you think happened? Do you think they turned the lights off? Are you willing to make such idiotic suppositions to continue in your pig-headed, irrational support of Perdock?

Like your moron DA, you are willing to ignore the overwhelming evidence of Reckless Russ' extraordinarily dangerous speed. As noted in one of the posts above, he was going so fast that a retired cop on shore remarked to his friends that an idiot was flying by and was about to kill himself or somebody else.

Wake up, and while your at it, wake up your DA.

[Gina]

To: I was there
If you can answer all of these questions, that are being asked by the world with logical answers and these are just a few, I will kiss your Ass! This is a letter written not by me but by another party and they speak for all of us who have the same angle on this case!

Why does Hopkins not address the missing 911 calls? Why was copies not made long before they were erased. It took a reporter with a public records act request to dig the truth out of the "Professional" LC Sheriff's Office.
Why the harassment and the and firing/quitting of key officers in this case.
Why not state the truth about the preliminary hearing judge. Why doesn't he tell us that the judge was a long time former LC DA. That the judge’s son was under Perdocks direct supervision at the time of the accident. That the judge’s ex-wife and mother to his son is still an attorney in the DA's office.
Why doesn't he explain the long gap in Beland's ride with Perdock after the blood draw?
Why doesn't he explain the last minute find of an outside investigator report that was contrary to Perdock's statements?
Why was it origionally stated that field sobriety tester were not available at the scene that night even with chp vehicle present? Why was this later change to these test aren't accurate and we wanted blood test's. Why was Perdock sent to Redbud? Isn't that the town he graduated from? How many friends of his work there? Is it because the substation is right down the hill and at any hour is manned be very few people?
Why does he not address the propriety of having an officer write a report about the lights being off of the sailboat, for two of his witness's to sign? Is this because the officer wanted to "shape" their story to be favorable? How about asking the two young girls how they feel about their safety of SO harassment now.
Why did he not address Peter Elmer's (former LEO) statement that he warned right before the collision that the nut in the power boat was going too fast for the conditions and was going to get some one killed?
What about the statement of the 14 yo girl on Perdock's boat who stated she saw the boat before they hit it. Her statement I believe said it was too late we didn't have time to stop. Is that not proof that Perdock was driving too fast for the conditions? At 5 or 10 MPH the outcome would be quite different.
Why was the Marina owner told the morning after the accident by Officer Wells that his statement was not needed, that the case was "solved"?
Why was Perdock allowed to remain in his command position over every officer in the LCSO while this case was investigated by his dept? Why was the most important pieces of evidence, the 2 boats, kept as evidence by the same dept who's 2nd in command was being investigated?
Why no mention of the defenses expert witness who testified the scientific tests he conducted showed the lights to be on.
Why does Hopkins state that he feels all civil liability has been addressed in the insurance company’s payouts? He has no power over civil matters!! I believe this was stated only to try and ward off any more civil suits against his buddy Perdock. Or to try and minimize his duty to have Perdock answer for his actions in a criminal trial.
Maybe since Hopkins has spent so much time studying how much isn't known about collisions of two boats he can answer this. How fast do you have to be going to launch that big old powerboat over that sailboat that sits about 3.5 - 4 feet above the water line? Would that speed be 5, 10, 15, 25, 35, 45, 50, MPH?
Maybe Hopkins can address the fact that Perdock was intentionally running his headers "dry" that night in an attempt to go faster. If top speed was not his reason for the state of his headers what was? Does this not show intent? This action by the way is not allowed on Clearlake.
Why did it take so long to charge this case? What were you waiting for? Was it to get rid of key players, to have evidence disappear, tapes and reports forgotten?
No Confidence Vote

[pplelena]

It doesn't matter what I think, or what any of you think, or even what the media prints. All that matters is what happens in that court room.

[Gina]

I feel for you kid! Your 18 yrs of age and if you dont start asking questions and doing a bit of thinking on your own, you will find you will have no control what so ever of your own life. It's bad enough those that do question and some thinking find that somethings we were brought up to believe and ideas that were instilled in us as kids, arent what they appear to be! This case should have never gone to court under the conditions in which it was presented! Thats in no way saying I excuse Bismarck for his BUI! But its also saying I believe that all parties to this travesty should have been charged! Including Perdock!

[This doesnt make sense]

Oh, the sailboat was under sail at the time? That makes it even more clear that Perdock was in the wrong. Sailboats clearly have the right of way and the boat being overtaken has the right of way. It's basic rules of the road. How come this Perdock fellow isnt being charged with breaking the law? I'm going to come up there and throw the rules of the road book at the DA.

[When the DA Himself is a Criminal]

Take a look at this open letter to Hopkins written by a San Francisco lawyer, Ryan Werner:

http://lakeconews.com/content/view/9580/770/

It seems that the charges against Dinius should be thrown out, and that Hopkins and Perdock should be put on trial.

[HOPKINS THE DIRTY DA]

I LOVE IT WHEN AN ATTORNEY CALLS ANOTHER ATTORNEY A SLIME BAG! HERE IS THE LINK.. READ IT AND LAUGH.
HEY HOPKINS.. WE AGREE, YOU ARE AN IDIOT! YOU SUCK! YOU HAVE DISGRACED LAKE COUNTY! WHY DONT YOU DO US ALL A FAVOR AND PACK YOUR BAGS AND LEAVE FAST, AND DONT LET THE DOOR HIT YOU IN YOUR NASTY AASSSSS ON THE WAY OUT. YOU ARE SO FOUL, I WOULDNT EVEN SCREW YOU WITH PERDICKS DICK!

http://tinyurl.com/ltjr3m

[Really-WOW]

Hopkins: I have turned over rocks and found nothing.

Hmmm, lets turn this rock over. What did you see?

I saw blah blah blah blah blah blah blah then a crash.

Did you see the lights on the sailboat?

I saw blah blah blah blah blah blah

So, the sailboat lights were off?

blah blah blah, crash, and then just the power boat lights.

Reality. I saw power boat speeding across the lake fast. It had lights. Then boom, I looked over and saw that it hit something. Didn't see what it hit, I didn't see lights.

No, that is not what I said. I just didn't see any lights after I heard the collision.

Kind of reminds me of my dog. blah blah blah blah, ride? blah blah blah blah treat?

[Gina]

Isn't it something to see one so called Atty. (Hopkins) up against several Atty's (Haltom - IP- and now we have Ryan Werner. Maybe we could get them all to rally around a pro-bono case here in Lake County. Justice for Lake County lets rid LC of all Corrupt DA's - Judge's - LE. Then maybe we could clean the lake up a bit.
Is anyone interested? I'm sure by now you would have the backing of the majority of the community as well as the world. What a spot light a career inhancement that would be. Ryan, wanna join us in court to see just what Hopkins next stupid move will be?

[Tony Papworth]

Hopkins should be disbarred for this unethical behavior or put in contempt.
Or is that his plan have a mistrial declared and sweep all the corrupt behavior under the carpet?