Victims charged in boat accident.

[likwid]

From Latitude 38:

May 21, 2008 – Lake County

The preliminary hearing on vehicular manslaughter charges against Bismarck Dinius, 39, of Carmichael, was held yesterday and will continue today in Lakeport in Lake County. The charges were filed as a result of the death of Lynn Thornton, 51, who was killed on the O'Day 28 Beats Workin' II on the windless night of April 29, 2006, on Clear Lake. Dinius happened to be sitting at the helmsman's position of the sailboat at the time Thornton suffered the injuries that would kill her.

We think that Dinius to defend himself on these charges is a travesty of justice, as what really caused Thornton's death is Russell Perdock of Lake County slamming his appropriately named Baja Outlaw 24-ft powerboat into Beats Workin' II at 40 mph or more. Why hasn't Perdock been charged? There can only be one explanation in our mind — he's the number two man at the Lake County Sheriff's Department, and law enforcement up there, based on this case, appears to be corrupt as hell.

As ridiculous as it might sound, the prosecutors, colleagues of Perdock's, are claiming that Thornton's death was Dinius' fault because, although he was not the skipper of the boat, he was at the helmsman's position, he was under the influence of alcohol, and that the boat's running lights were not on.

It is true that Dinius was over the current alcohol limit, although he was under the old limit for being intoxicated. In other words, he wasn't smashed. In any event, given the windless conditions, there was no way he — or any other sailor — could have avoided a powerboat coming at him out of the black at 40+ mph.

There are conflicting reports about whether or not Beats Workin' II had her running lights on. Several witnesses on shore, including a retired law enforcement officer, said the running lights were on. Tellingly, these witnesses had to be forced upon law enforcement officials, who had said they didn't need any more testimony. Furthermore, William Chilcott, a marine safety scientist, has testified that Beats Workin' II's running lights had been on and went off at the instant of impact.

Even more interesting is the testimony of Wes Dodd who, during the course of his career, has investigated over 625 marine accidents while in law enforcement, and 27 more since he retired in '01. Get this — although Dodd taught Lake County law enforcement officials everything they know about boat accident investigations, he has concluded that Perdock, one of their own, was the primary cause of Thorton's death:

"My conclusion is that speed was the primary factor in this collision. In order to ramp the sailboat and cause the amount of damage done, Mr. Perdock would have had to be going 40+ miles per hour . . ." Indeed, Perdock admitted that he was travelling that fast. In fact, he's testified that he'd done it on a number of other times on pitch black nights, in violation of the most basic rule of the road. Perdock, Mr. Law Enforcement, has never taken a safe boating course.

Dodd went on to testify that "due to darkness and poor visibility, Mr. Perdock should have reduced his speed to avoid collision or damage."

In addition, Dodd absolves Dinius of responsibility. "Had Mr. Dinius not been intoxicated, he would have not been able to maneuver the sailboat in time to avoid the collision. Had Mr. Perdock been operating his vessel at a safe, prudent speed, this accident could have been avoided."

Our reaction is, "Well, duh!" But with the Lake County Sheriff's Department working so hard to convict Dinius in an apparent attempt to divert attention from Perdock, the real culprit, there is no way to avoid having to go through the obvious.

We want to compliment Dan Noyes and the Channel 7 I-Team news for having jumped on and stayed with this story at a time when only Latitude had been covering it in detail and calling attention to the outrage. As if things weren't so disgusting in Lake County already, Noyes has uncovered more: "Late on Tuesday afternoon, the I-Team learned that, just this past Sunday, a sergeant came forward to say he'd been instructed on shore the night of the accident not to give a breath test to Russell Perdock."

If justice is done, we'll soon be able to tell you: 1) That the manslaughter charges against Dinius have been dropped; 2) Lake County has agreed to pay all his legal fees; 3) That Perdock has been indicted for the death of Lynn Thornton, and 4) That the Lake County District Attorney has resigned.

- latitude / rs

So they're charging the dude in the sailboat, NOT THE DRUNK DRIVER OF THE BOAT DOING 40+?

Small town good ol boy network bull@#$@#.

If you want to let Lake County DA, Jon E. Hopkins, know your thoughts about crooked cops and corrupt DA’s, here is his e-mail address,
jonh@co.lake.ca.us

[Duke41]

what a disgrace

[teaser]

Ah, the power of a badge.

Don't seem like that's the only place where cops try to stick the blame on someone else to free one of their own, just happened that they got caught by a determined reporter and now their dirty laundry is out in the open. Too bad that don't happen more often so people could look up to authorities like the good old days, nowadays ask any 10 people if they think cops are corrupt and you'll get a "yes" response 90% of the time.

Hope they hang his a$$ out to dry like they should.

[Mike P]

And people still think that Mike Nifong was the exception, and not the rule, among prosecutors

[chunk]

Sad story all the way around

[Slammer223]

This story is out there for all to see.Makes it tough to bury the wrong guy.I think justice won't be served,but it won't go as badly as it looked on first impression.

[likwid]

Preliminary hearing I believe is June 10th.

Thank you Homeland Security (and someone on another site) for this tidbit:

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.

In determining a safe speed the following factors shall be among those taken into account:

(a) By all vessels:

1. The state of visibility;
2. The traffic density including concentrations of fishing vessels or any other vessels;
3. The manageability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
4. At night, the presence of background light such as from shore lights or from back scatter from her own lights;
5. The state of wind, sea and current, and the proximity of navigational hazards;
6. The draft in relation to the available depth of water.

RULE 4 - APPLICABILITY

RULE 5 - LOOKOUT

Rule 4

Rules in this section apply to any condition of visibility.

Rule 5

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.


RULE 18
RESPONSIBILITIES BETWEEN VESSELS


Except where Rules 9, 10, and 13 otherwise require:

(a) A power-driven vessel underway shall keep out of the way of:

1. a vessel not under command;
2. a vessel restricted in her ability to maneuver;
3. a vessel engaged in fishing;
4. a sailing vessel.

[Team Rock On]

[QUOTE=likwid;591554]From Latitude 38:

"So they're charging the dude in the sailboat, NOT THE DRUNK DRIVER OF THE BOAT DOING 40+?"

I think the sailboat guy was drunk. In MA if a driver is drunk the accident is his fault no matter what...

As ridiculous as it might sound, the prosecutors, colleagues of Perdock's, are claiming that Thornton's death was Dinius' fault because, although he was not the skipper of the boat, he was at the helmsman's position, he was under the influence of alcohol, and that the boat's running lights were not on.

[likwid]

Originally Posted by Team Rock On

I think the sailboat guy was drunk. In MA if a driver is drunk the accident is his fault no matter what...

Even so, the driver of the powerboat, law enforcement, was ALSO drunk.

[Team Rock On]

"Even so, the driver of the powerboat, law enforcement, was ALSO drunk."

That's not what the article says...

[likwid]

Originally Posted by Team Rock On

That's not what the article says...

Its in another article about the incident but I'm sure that detail has magically fallen off the record.

The reality of it is, excessive speed at night, ie: breaking the rules of the road in the first place.

Could they, if running at an appropriate speed, avoided colliding with the sailboat? Most likely. Could they have also run down an unlit aid to navigation in the dark like that? Most likely. It still doesn't take away from the fact that they were at a wreckless speed.

Sure, hit the sailor with being over (the old) alcohol limit, but don't blame him for SOMEONE ELSE hitting them doing OVER 40MPH IN THE DARK.

This would be like blaming a drunk person walking down the street with being run down by a drunk driver.

[Hooper]

Originally Posted by teaser

nowadays ask any 10 people if they think cops are corrupt and you'll get a "yes" response 90% of the time.

Teaser, define "corrupt" for me please. You didn't say that you think 90% of cops are corrupt, so I wonder if you do think that. My opinion, Russell Perdock should serve a very long prison term AND so should anyone involved in a cover-up of the facts.

I think I know cops pretty well, I've been one for almost 15 years in the same PD. I can tell you this, though the guys I work with are my second family, there isn't one guy there who would cover for me if I killed someone in my boat while I was piss drunk. Nor should they. Not every cop is Drew Peterson....

[Swimmer]

It seems to me that everyone who participated in charging the "helmsman" should suffer some level of diciplinary action, not just the prosecutor. Any officer who took part in this coverup doesn't deserve to wear the uniform, and who can't be trusted by the public to make the correct lawful choices.

I am curious what Dinius' ethnicity is?

Teaser there are far fewer "corrupt" cops than you think. It makes great ink to say that 90% are bad, but I need to see you prove it.

[BigBo]

Originally Posted by Hooper

Teaser, define "corrupt" for me please. You didn't say that you think 90% of cops are corrupt, so I wonder if you do think that. My opinion, Russell Perdock should serve a very long prison term AND so should anyone involved in a cover-up of the facts.

I think I know cops pretty well, I've been one for almost 15 years in the same PD. I can tell you this, though the guys I work with are my second family, there isn't one guy there who would cover for me if I killed someone in my boat while I was piss drunk. Nor should they. Not every cop is Drew Peterson....

I tip my hat to you Hooper.

[Bishop169]

Originally Posted by teaser

Too bad that don't happen more often so people could look up to authorities like the good old days, nowadays ask any 10 people if they think cops are corrupt and you'll get a "yes" response 90% of the time.

To stick up for teaser re read what he said most people 90% of the population would feel that the police are corrupt... ( my guess teh other 10% are cops or their families.

I would have to agree with him. I'm not saying they are corrupt but the public image of the men in blue is a dirty one

Thank the media and the actions of the few dirty cops out there..

The job itself makes you unpopular giving out tickets and generally the only time people deal with police is something bad is going on... add in movies and tv shows with the main theme corrupt cop as either the star or the bad guys..

so it goes like this

Guy doing job + media + bad press + limited experience = Bad cop (no donut)

[Hooper]

Originally Posted by Bishop169

To stick up for teaser re read what he said most people 90% of the population would feel that the police are corrupt... ( my guess teh other 10% are cops or their families.

I would have to agree with him. I'm not saying they are corrupt but the public image of the men in blue is a dirty one

Thank the media and the actions of the few dirty cops out there..

The job itself makes you unpopular giving out tickets and generally the only time people deal with police is something bad is going on... add in movies and tv shows with the main theme corrupt cop as either the star or the bad guys..

so it goes like this

Guy doing job + media + bad press + limited experience = Bad cop (no donut)

That's why I am curious as to what his definition of corrupt is....

[likwid]

Most cops are out there to help people, and protect people.
Most cops won't give you a hard time if you don't give them a hard time.

In all honesty, the last 3-4 times I've been pulled over in the past couple years I've been polite and walked away with a verbal warning.

Or it was just another cop looking to meet his "performance measures" and looking for drunk drivers and I did something stupid like a rolling stop or not signaling a turn on 4th of July at 11pm. (Both these times I was told to have a good night and to drive safe.)

Do I blame them for it? Nah. If you want to live in the system, you work by the system.

Its that bad few that give the majority a bad name.
Can be guys exploiting the system, green cop with a chip on his shoulder, the idiot sleeping in his patrol car every night, whatever.

They're a minority and unfortunately the way things work with the media and everything else, it makes everyone else look bad.

Yes, that was praising the police from a raging lunatic liberal jack@$$ idiot.

[teaser]

Okay Hooper - I did not say I thought all cops were corrupt but that if 10 people were asked that the answer would not be a positive one for the boys in blue 90% of the time. Do I think cops are corrupt - yes, some are and those are the ones that put that bleak shadow on all cops. I personally know a couple of cops that are on the wrong side of the law and by that I mean they break the law themselves and or turn their head when someone they know is doing it.

Swimmer - I don't think I have to "prove" anything as far as cops being corrupt, what do I have to prove? Nothing ... I made a statement that is true in my neck of the woods and I see it on a daily basis, the badge in the wrong hands is like giving a criminal a get out of jail free card.

Hooper - my defininition of a corrupt cop is as follows: one who turns a blind eye at a crime because they know the person or the family or one who uses his badge for personal gain or influence.

[Swimmer]

Originally Posted by likwid

Most cops are out there to help people, and protect people.
Most cops won't give you a hard time if you don't give them a hard time.

In all honesty, the last 3-4 times I've been pulled over in the past couple years I've been polite and walked away with a verbal warning.

Or it was just another cop looking to meet his "performance measures" and looking for drunk drivers and I did something stupid like a rolling stop or not signaling a turn on 4th of July at 11pm. (Both these times I was told to have a good night and to drive safe.)

Do I blame them for it? Nah. If you want to live in the system, you work by the system.

Its that bad few that give the majority a bad name.
Can be guys exploiting the system, green cop with a chip on his shoulder, the idiot sleeping in his patrol car every night, whatever.

They're a minority and unfortunately the way things work with the media and everything else, it makes everyone else look bad.

Yes, that was praising the police from a raging lunatic liberal jack@$$ idiot.

Thank you........LIKWID

I always said if you want to make friends join the fire department. If you don't care about how many friends you have, become a cop.

TEASER your neck of the woods must be a jungle huh!

I remember a black female joining the New Orleans, Lousaisiana police deprtment years ago being asked why she joined when the starting pay was only $13,000.00 a year, and she replied to Morley Safer, "for the graft, what do you think".

[teaser]

TEASER your neck of the woods must be a jungle huh!


Yep! I grew up in the worst parts of New Bedford and have seen many things that most don't get to see, I can't (by law) even own a gun anymore because of that jungle and the streets there are no better now then they were 35 years ago.

All cops are not bad and I didn't imply that, but with my upbringing and the ones that do cross the line "they" are the ones that cast that shadow on the force. Oh by the way, I do have about 12 friends that are cops now or who have been and I can tell you for sure a couple were corrupt and these were my friends.

[Hooper]

Originally Posted by teaser

TEASER your neck of the woods must be a jungle huh!


Yep! I grew up in the worst parts of New Bedford and have seen many things that most don't get to see, I can't (by law) even own a gun anymore because of that jungle and the streets there are no better now then they were 35 years ago.

All cops are not bad and I didn't imply that, but with my upbringing and the ones that do cross the line "they" are the ones that cast that shadow on the force. Oh by the way, I do have about 12 friends that are cops now or who have been and I can tell you for sure a couple were corrupt and these were my friends.

Here's where I'm coming from Teaser, and thanks for defining corrupt for me, I'll agree with your definition too.

I have worked in a relatively small (70 +/-) guys in a relatively small rural town. It is Non-Civil service meaning this department hires who they want to and fortunately for me, and this town, they hire squared away guys who do the right thing with very few exceptions. We are not bound by "Silly Service" rules telling the town who they have to hire. In that sense it is good, it could work out negatively if the admin wanted to hire their friends' son because he needs a job. Fortunately, they have always hired very qualified people, often officers who want to leave where they are at to come and work for us because of the positive work environment. Thirty of our guys have Master's degree, some have two and we have three who have been to law school and worked as practicing attorney's

So, I'll say this. I am sure your experiences with a huge PD like New Bedford, in a city that has a lot of very serious crimes almost daily, is very different from the world I get to see each day.

I hate like hell to see these videos on YouTube where some badge heavy jerk is mistreating people. It makes my work that much harder. We are human and we all are capable of losing it sometimes, but, I try to treat people well first, even when they may not be at their best moment.

Anyways, sorry to railroad this thread. I do enjoy letting guys here know that not all police are in it for the power. Believe me, I would much rather find a way to solve a problem than write a ticket or arrest someone. Those are last resorts in my mind.

Sorry so long.....

[Ricky B]

Here's a couple of pics of the accident, for those who haven't yet dug into the link I provided earlier. To summarize, the Baja slammed into and over the O'Day 27 from an angle of around 160 degrees behind the bow on her starboard quarter. To give you an idea of the speed of the Baja we know this------that after hitting the coach roof of Beats Working, it re-entered the water on port, missing the port lifelines completely. Most estimates from witnesses point to a speed in excess of 40 knots................














I'd like to reiterate to you that though I am new here, I am not a Pollyanna nor a whine a$$....just a guy that's spent his life on the water, enjoys sailing in the tropics with his wife and kids....and has a very big aversion to those that we entrust with power but who abuse it, such as Sheriff Perdock and his little team have.

Thanx again for your time,

RB

[JohnnyD]

First thing I noticed in the last pic is the strategic location of the two beer cans for the picture.

You're telling me that after the accident and being towed, the cans didn't blow off?

[Ricky B]

Originally Posted by JohnnyD

First thing I noticed in the last pic is the strategic location of the two beer cans for the picture.

You're telling me that after the accident and being towed, the cans didn't blow off?

Beautiful, yes? One (of the many) of the lovely screw-ups performed by the Lake County Sheriff's is that the sailboat was towed to the sheriff's station that evening.....and then left outside the compound, un-video'd and unsecured and unguarded for 7 hours. Basically the 'crime scene' was polluted by the next morning. This is also when many of us think that someone went into the sailboat and started to flip some breakers and switches off. Unreal.


Btw, I want to apologize for my first introductory post here which went to the mods this morning but has not re-appeared here. Not too sure what happened but maybe someone in Admin can see if they have it and can stick it in front of this post.


Thank you,

RB