Alcohol and Sailboats

[zeehag]

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- latitude / at​

Lake County D.A. in Deep Caca

May 18, 2009 – Lakeport, California
Last Wednesday Lake County Deputy D.A. John Langan asked Judge J. Michael Byrne to delay the felony vehicular manslaughter trial of Bismarck Dinius, which was to start today. Langan made the request because he said he was uncovering new information related to central figures in the case.

You would think that more than three years after the incident and just five days before trial would be a little late to get around to doing a proper investigation. If it wasn't so tragic, it would be hilarious — like everything else law enforcement has done in this case. And it points to something we've maintained from day one — the wrong guy is on trial, and there's not a chance in the world a jury would convict Dinius as charged.

As most of you are aware, the felony vehicular manslaughter case against Dinius, 40, of Carmichael is a result of a tragic accident on Clear Lake in April of '06. A group of sailing buddies were aboard Mark Weber's Beats Workin' II, an O'Day 28 sailboat, which was drifting around the lake at about 9 p.m. It was pitch black out. Dinius just happened to be at the helm of the sailboat when it was struck by a boat going 40 to 50 mph driven by off duty Sheriff Chief Deputy Russell Perdock. Lynn Thornton, a passenger on the sailboat, died a few days later as a result of injuries caused by the impact.

In a move that has dumbfounded everyone with an I.Q. over 50, the Lake County District Attorney's Office then filed felony vehicular manslaughter charges against Dinius, the guy at the helm of the nearly motionless sailboat. No charges were filed against Perdock. Why not? The D.A. said he couldn't prove that the powerboat was being operated recklessly — even though Perdock testified he was traveling at that speed, and in so doing was breaking half of the rules of the road, state boating law and every concept of common sense.

While Langan told the judge he wants more time to investigate the case, Dinius — who everybody but the D.A. and Russell Perdock think is being made the scapegoat for what should be felony vehicular manslaugher charges against Perdock — wants the trial to begin right away. Why shouldn't Dinius want to get it on right now? It's already cost him a fortune, and he knows the prosecution doesn't have a legal leg to stand on.

What's new to Langan? It seems there are witnesses — including Perdock's ex-wife — who dispute Perdock's testimony about what he was doing in the hours before the crash. Perdock says he was at home until 7:30 or 8 p.m.. She says — as she's said all along — that he actually left home between 5:30 and 6 p.m. In addition, Langan has apparently been confronted with testimony by several witnesses who say Perdock was at Konocti Resort & Spa a short time before the crash. This is in direct conflict with Perdock's testimony, as he said he never went to the resort that day. Presumably there is suspicion that Perdock had been drinking at the Resort a short time before he slammed his powerboat into the sailboat.

But here's something even more juicy. Another witness has come forward to corroborate statements made by former Lake County Sgt. James Beland, who said that a superior officer, Boat Patrol Sgt. Dennis Ostini, ordered him not to give Perdock a breathalyzer test. Not to give him a test! The witness to this is another member of the Lake County Sheriff's Department who was at the accident scene. Gee whiz, can you think of any reason why a superior officer would instruct a member of his force not to give a breathalyzer test after such an accident on a Saturday night?

Langan says he needs time to fully investigate the matter. What he really needs to do is, for starters, charge Perdock with felony vehicular manslaughter and drop all charges against Dinius. Then he needs to bring in an outside agency to investigate this entire travesty of justice, and begin to figure out just how many members of the Lake County Sheriff's Department and District Attorney's Office need to reach deep into their pockets to make Dinius whole for all the damage they've caused him.

At least that's the way we see it.

- latitude / rs​

i personally prefer painkillers but i am easily influenced and do no tdrink much at all....

 

[thesailerdude]

haha congratulations, bad obsession we finally discovered your actual "bad obsession" and it is talking about how bad alcohol is.

hope to see you someday, and my bac would be probably..

.15? nay? and your quote..."under the black flag I shall sail, and the seas will be my empire." it is good but quite ironic...them pirates are pretty much renowed for their drinking skills and sheer disobedience for rules..hm?

 

[Bad Obsession]

Oh, I will throw down a few when the time is right, but I am carefull about that. Then again, what can I say.....Someone has finally figured out my double life. Bruce Wayne reveales! LOL

 

[Hermit Scott]

There is no doubt someone or a few on here that have lost someone because someone drunk hit them or they were drunk and hit someone. It's not about alcohol, it's about alcohol abuse. Alcohol is not the devil, it's the abuse that is. Bad- you are some kind of crime scene cop that investigates accidents right? I am sure he has seem some stuff that rotton.com has nothing on. I just don't see alcohol as bad, nor do I see money bad. I see alcohol abuse and the love of money as bringing out the worst in people though. Bad is coming off a little like the refer madness movie, but I am sure he has seen things that most of us haven't in person.

 

[Hermit Scott]

Zeehag-that story strikes me as a total fabrication. I wonder how much is true and/or what the other side of that story is. However one of the worst, conscienceless criminals I know is a cop, so corruption that bad, I see as very common. But in the spotlight of the world, with CNN reporting the news that the CIA hasn't gotten ahold of yet, I find it hard to believe it would go as far as it has with out someone in power putting a stop to it.

 

[Bad Obsession]

Guys, don't get me wrong. I am not saying that alcohol is bad. In the right situation it has its place and I drink. That being said, it is irresponsible to go out and drink and boat or drink and drive.

One of my specialities is Crash Reconstruction. Another unfortunate part is doing death notifications and speaking with the victims' families about what happened. The things that I have witnessed and seen as a result of mis-use of alcohol are horrible.

As a young Trooper I worked a fatal crash on a rural road. A guy hit a guard rail and flipped his truck. It wasn't super gorey but I will never forget it.

I went to the guy's house to do a death notification to his mother. It was at a trailer park. When I knocked on the door a woman answered and explained that it would take her a few seconds to get to the door because she was disabled.

When she opened the door she probably knew why we were there. We went into the trailer and began to explain to her that her son crashed his truck and died.

She explained that her son was her care-taker. She said that he was drunk today because the only time he ever cusses her is when he was drinking. He cussed her as he left the trailer and drove off. That was her last memory of her son.....cussing her. Wonderful memory.

All I am saying and trying to explain is that be safe and responsible with what you are doing. You aren't some bad ass if you get drunk and you can drive home. Odds are you won't get caught and nothing will happen but then there is that slim chance that something will. When it does happen the results are horrible. I don't like telling parents that their kids died in a crash. How would you like to live knowing that you killed a child while you were drinking and driving. It can happen.

Be safe, enjoy yourself, and most of all be responsible. Wait until the hook is in the bottom before you crack the beer.

 

[Bad Obsession]

Hermit...you are right about some cops being criminals too. It is very pathetic but true. There are all kinds out there. Those dirty cops make it harder on the rest of us.

 

[jibes138]

Question about drinking while on the hook

What differentiates boating while intoxicated to make it acceptable that you are on the hook? I never drink while the boat is under way, but have had a few while relaxing in a nice anchorage. Reading all these posts i wonder if the law would include on the hook as "boating." A few thoughts about why. What if your anchor drags in the middle of the night? The boat is then in motion. What if someone falls overboard? How about a severe storm developsand you need to take emergency action , perhaps another boat dragging on you or the need to fire the engine to reduce strain on the anchor line? Reduce windage, etc. Am I being paranoid or how would the law be interpreted? I am aware you are responsible for accidents and have liability regardless just wondering about the BUI interpretation?

 

[PCP777]

Zeehag,

I would think in this collision the sailboat has right of way and by default not be at fault. Did he not have is running lights on?

Obsession,

Those are some gnarly stories. I agree, drinking an operating a motor vehicle is dangerous. I just don't see what's wrong with having a few cold ones on a sailboat. Yes, I know, when I come in I fire up the bad ass 9.9 and putt in at just enough speed for steerage, but do you guys see my point at all? I'm not condoning alcohol abuse, I'm just saying I can sail my boat just fine at a .08. I'm not sure I can drive a car or operate a speedboat safely with the same buzz.

Somehow this thread seems to have veered off into driving cars and drinking. Anyways, I don't see how the guy going 65 MPH in a motor boat, jet ski or car compares to the guy going 6 MPH on a sailboat.

 

[Ctskip]

In the name of safety and besides it puts money in the coffers. In order for a public service to work, it needs money and it must serve a purpose. If there weren't drinking and boating there'd be no arrests for drunk boating. No arrests, no one must be breaking the law, so therefore we can disband with the water police, eh? Do you think these water police want to work the pavement? no way. They have to show that they are providing a much needed service so they can be budgeted for more dollars next year. They have to prove they are providing a service before they get the dollars. I'm not saying they don't serve a purpose, they do. And generally (at least where I am) they don't seem to be pulling over sailboats like they do power boaters. I'm appreciative of that. I really don't like drunks.

Keep it up,
Ctskip

 

[zeehag]

Zeehag-that story strikes me as a total fabrication. I wonder how much is true and/or what the other side of that story is. However one of the worst, conscienceless criminals I know is a cop, so corruption that bad, I see as very common. But in the spotlight of the world, with CNN reporting the news that the CIA hasn't gotten ahold of yet, I find it hard to believe it would go as far as it has with out someone in power putting a stop to it.

sorry, pal, is true en toto-----the boaters have been rallying for dinius for 3 yrs---finally there is a justice being seen in small pieces....we hope the real culprit--the drunken deputy from hell--gets his just due.....but it is a real and true story we have been hearing for 3 yrs now---if you donot believe it, go to latitude 38, from where this cut came.......if you live in kalifornikation or the pnw, you know about this ....if not , you may not---is a true and not modified reality--there are many many folks in this country who abuse their privileges----deputy perdock is only one of those. many who drink and boat also abuse privileges-----wanna add to statistics, abuse alcohol or any substance and go boating....just donot take out the innocent along with yourself.......

 

[zeehag]

Zeehag,

I would think in this collision the sailboat has right of way and by default not be at fault. Did he not have is running lights on?

Obsession,

Those are some gnarly stories. I agree, drinking an operating a motor vehicle is dangerous. I just don't see what's wrong with having a few cold ones on a sailboat. Yes, I know, when I come in I fire up the bad ass 9.9 and putt in at just enough speed for steerage, but do you guys see my point at all? I'm not condoning alcohol abuse, I'm just saying I can sail my boat just fine at a .08. I'm not sure I can drive a car or operate a speedboat safely with the same buzz.

Somehow this thread seems to have veered off into driving cars and drinking. Anyways, I don't see how the guy going 65 MPH in a motor boat, jet ski or car compares to the guy going 6 MPH on a sailboat.

the sailboat had running lites on yes--in the dark whenya are running at 50 mph in a speedboat under the influence, try to tell the difference between running lites and background lites-----and read the archives of latitude 38 for the rest of the story......and i pray the one killed by the lack of responsibility for the drunk's actions are not friends of any of us......

 

[tsmwebb]

I think this is the latest on the Dinius thing, if not you can search around Latitude 38. Sadly, it is no fiction.

http://www.latitude38.com/lectronic/lectronicday.lasso?date=2009-04-17&dayid=259#Story2

--Tom.

 

[zeehag]

thankyou, tom.....yes is really real....the rest is in archives of latitude 38 for 3 years, now....

 

[PCP777]

the sailboat had running lites on yes--in the dark whenya are running at 50 mph in a speedboat under the influence, try to tell the difference between running lites and background lites-----and read the archives of latitude 38 for the rest of the story......and i pray the one killed by the lack of responsibility for the drunk's actions are not friends of any of us......

That is a scary story. I guess if I run at night I'm going to lash a flashlight to the mast to illuminate my sail....

See this illustrates my point. If the deputy had been in a small sailboat, he would have had WAY more time to react to avoid the collision. Failing that, although there would probably be property damage, I doubt anyone would have been killed.

 

[Hermit Scott]

Zeehag,

I would think in this collision the sailboat has right of way and by default not be at fault. Did he not have is running lights on?

Obsession,

Those are some gnarly stories. I agree, drinking an operating a motor vehicle is dangerous. I just don't see what's wrong with having a few cold ones on a sailboat. Yes, I know, when I come in I fire up the bad ass 9.9 and putt in at just enough speed for steerage, but do you guys see my point at all? I'm not condoning alcohol abuse, I'm just saying I can sail my boat just fine at a .08. I'm not sure I can drive a car or operate a speedboat safely with the same buzz.

Somehow this thread seems to have veered off into driving cars and drinking. Anyways, I don't see how the guy going 65 MPH in a motor boat, jet ski or car compares to the guy going 6 MPH on a sailboat.

Obviously the cops feel the same way, or they would be boarding sailboats more.
Zeehag-I did read that story some where else. I hope justice is done. Someone in power out there has to still care about justice?

 

[zeehag]

That is a scary story. I guess if I run at night I'm going to lash a flashlight to the mast to illuminate my sail....

that is not a bad idea--used to be the wqay to do it before electrical running lites--my uncle had a special light for the main sail so we could be seen in the dark in his old wooden historic treasure we sailed on the hudson river sooo long ago....makes for increased visibility and folks can see what it is they are approaching rather than guessing.....is still my initial reaction when i hear or see another boat in darkness.....

hermit--i think the judge has the right idea--but no one else had any gutz to stop the damnably corrupt sheriff from doing his lousey deed...and ruined the name of an innocent man who was merely watching the helm for the owner when he decided not to pee overboard for this one time.....and no one tested the corrupt deputy for alcohol in his system...now he cops to drinking---because there is a witness lol....may he be swiftly brought to justice and removed of alll responsibilities in sheriff dept....

 

[Tim R.]

I think one factor that got Dinius implicated was the fact that he admitted to drinking although not drunk. I could be wrong about that but I think it was on 38 that way.

 

[Pops]

I drink beer on my boat. I enjoy it. My one rule is 16oz of H2O between every beer. It keeps me from being dehydrated (which accelerates most peoples beer drinking) and limits my beer to the amount of room left in my stomach with all the H2O in there. I rarely have more than 3 12oz beer in an afternoon. I haven't been on my best friends boat in 5 years due to his drinking. He consumes at least a 12 pack of beer and usually several margaritas. He can't understand why he has so much trouble docking his boat.

 

[PCP777]

I drink beer on my boat. I enjoy it. My one rule is 16oz of H2O between every beer. It keeps me from being dehydrated (which accelerates most peoples beer drinking) and limits my beer to the amount of room left in my stomach with all the H2O in there. I rarely have more than 3 12oz beer in an afternoon. I haven't been on my best friends boat in 5 years due to his drinking. He consumes at least a 12 pack of beer and usually several margaritas. He can't understand why he has so much trouble docking his boat.