It is up to a jury now

[David Hoch]

What law would anyone cite to convict Dinius? Was he the one who should have switched on the running lights if indeed they were off and were found to be the proximal cause of the accident?

I would say that if the powerboat operator had been Dinius and Perdock on the helm of the sailboat, things would be the same. Dinius would be on trial. Perdock would be free of any charges.

I hope the jury has the same collective opinion that the folks (93.8%) have expressed on this forum in the vote.

 

[Jim Boernge]

stated earlier: "The original manslaughter charge was recently changed to Boating Under the Influence". This is not good. Rules of the road and other details set aside; the DA can throw the book at him based on the blood alcohol results and then tack on the fact that a death occured.
I wonder of CA state attorney general has any oversite ability on this accident and prosecution?

 

[Glenn17467]

No one has mentioned whether or not California has a limit on blood alcohol while boating, therefore, I take it that there is a limit.

I do not think that someone on a power boat traveling at 40 mph, at night, heading towards shore would have a smooth enough ride to be able to distinguish a stern light from anyother light. I live on Clear Lake (Texas not California) and it is almost impossible to see a stern light against shore lights on the other side of the lake. Someone mentioned that the sailboat should have used a horn to alert the power boat. I am not sure the power boater could have heard a horn, at 40 mph the boat engine(s), wind and hull pounding on the water would be almost deafening.

When we sail at night on Galveston Bay, we are always looking for other boats and listening for power boats. Clear Lake is too shallow for my boat, but we hear boats on the lake going way too fast even til 1:00am. I do not see how a jury could convict, some how the judge would have to suppress all maritime law or convince them that only vehicular laws apply.

 

[zeehag]

the ba limit is same as for driving on the road--0.08.... stoopit sheriff didnt have any blow test done, was witnessed drinking of "a few cocktails" just prior to making his murder run. dinius's level was 0.08. go figger....dinius was relieving the owner at helm for potty break----

 

[moonbeam_48]

wrong case

Unfortunately the jury is hearing the wrong case.

 

[Jim]

No one want to see one of their own go down. I am sure the cop is very sorry. I am not sure he was properly D & Aed. The sailboat driver was drinking. There is plenty of blame to go around. The power was exceeding the save speed limit for conditions and should be charged as well. Sorry but their was a death and that is the way it goes.

 

[Blew Bayou]

Avast Ye Scallawags

Having now read every one of these posts, and agreeing with most ...

I find myself utterly confused.

Someone claiming to sail under a black flag, with the sea as his domain ... writes a note advocating stricter regulations and laws?!?!?

Poppycock! The one with the largest cannon, wins! Let Piracy prevail! Since when do pirates want laws? Or acknowledge them even? Talk about rotten.

We can no more make more laws to protect ourselves than purify the gene pool. Trouble is, the laws we do have support weakening the gene pool, over-riding darwinism and letting the weak not only survive, but flourish.

Tamp an extry keg of powder in dere and les'us blow dem dere sheriffs overboard!

 

[Jim]

I for one want to see $5 gas again to drive these power boaters out of the water! I loved it when they were gone!

 

[TRM]

Gob = Good Old Boy!

I Was A Command Officer For 23 Years And Know This Can Happen But It Is Not Right. I Think A Form Should Contact The United States Coast Guard And File.

this Is The Newspaper Article I Really Like, Someone's View That The Prosecuting Attorney Should Be Tried As An Accessory To The Crime!

How's That For A Switcharoo?

http://www.record-bee.com/ci_12943985 (really, Really Good!)

In Fact, I'd Go A Step Further And Say That All Those Involved In "the Cover-up" Should Be Tried For What Ever One Could Try Them For, And That Includes Whomever Gave The Order To Not Do A Breathalizer Test On The Sheriff.

By The Way, It Came Out That The Police Departments Breathalizers Had Not Be Calibrated "in Some Time" (california Has A Budget Crisis And This Is Probably Affecting Other Political Entities As Well) So The Results Would Most Likely Not Be Admissible Anyway. This Action Is Effectively A Cover-up And The Guilty Should Be Punished.

The Argument That The Sailboat Didn't Have It's Running Lights On Is Almost Non-existent. There Is Apparently Only One Witness Who Said That And In Cross Examination He Said He Couldn't See Anyone On Board, Couldn't See If There Were Any Sails Up, And Couldn't See If There Was A Mast. And He Is The One And Only Witness Saying There Were No Lights. Everybody Else Has Said There Were Lights, Including The Sheriffs Ex (i Think She Was An Ex) On Shore!

So, After Three Years And Change, The Jury Should Find The Sailboat Operator Innocent And Then Pursue Charges, Instead, Against The Da. Hopefully The Statute Of Limitations In This Case Have Not Run Out By Then.

 

[Steve Dion]

Gerry Brown should be run out of office for his lack of interest in the case. He is looking to run for Gov. again, so he wants "law enforcement" on his side (he does not give a shit about justice).

If you live in Ca. be sure to vote for some other idiot other than Brown.

 

[Ross]

So did the jury return a verdict today?

 

[Sloopyman]

From beginning

I've been following this case since day one. It is such a blatant travesty of justice that it is almost comical if it weren't for the seriousness of the charges.
By the way, this didn't occur in Texas as one writer stated but rather California, the state that has been known to lead the nation in unique and ground-breaking legislation.
Obviously, the Good Ol' Boys in Texas have bretheren in the Golden State. I guess it doesn't matter what state you're in. Once you get in the boondocks, you're at the mercy of whoever has the badge. Seen it a million times. This is no exception.
All standard criminal investigative techniques were basically ignored. The "Powers to Be" had this case decided before the first notes were taken and have been successful so far. It would not surprise me in the least that the guilty party gets congratulated and the innocent "helmsman" gets incarerated. Everytime I read about this case I shake my head.
Let's see how it all comes out......

 

[tim3d]

First good ole boys attitude is alive and going full blast here in NewEngland as seen first hand that includes the fire department. Bottom line in this case must be. Even if the sailboat was hard to see the officer should have not been driving his boat so fast. The officer was the cause and should take full responceablility. As for my self I would never sail on a lake not of any size too many motor boaters don't care. I sail the sea safer.

 

[RichH]

I Was A Command Officer For 23 Years And Know This Can Happen But It Is Not Right. I Think A Form Should Contact The United States Coast Guard And File.

Probably the BEST advice given so far on the internet. My question all along has been why has this case NOT been adjudicated in admiralty court????? Why is the DA preventing this admiralty adjudication? .... his 'case' is not passing the 'smell test' and on that basis alone it suggests that the DA is at least 'dishonest' and is preventing the *proper* and available legal venue/jurisdiction to operate.

 

[Bob V]

The reason "this case"

is not being decided by an Admiralty court is that the DA (wisely) is charging the scapegoat with something that he is apparently guilty of BUI. They are not charging him with causing the accident because that case would fail.

If he is convicted of BUI it will tarnish any civil suit brought against the deputy who was never charged with any crime. The jury will not be burdened with the question of who was at fault in this fatal accident. Their job is much easier since all they have to agree on was the question of whether or not the defendant was at the helm of a boat while above the legal limit.

If the CG gets involved it will be a totally different case that will be hampered by the actions of the investigating officers to cover it up.

Sucks don't it?

 

[zeehag]

is Not Being Decided By An Admiralty Court Is That The Da (wisely) Is Charging The Scapegoat With Something That He Is Apparently Guilty Of Bui. They Are Not Charging Him With Causing The Accident Because That Case Would Fail.

If He Is Convicted Of Bui It Will Tarnish Any Civil Suit Brought Against The Deputy Who Was Never Charged With Any Crime. The Jury Will Not Be Burdened With The Question Of Who Was At Fault In This Fatal Accident. Their Job Is Much Easier Since All They Have To Agree On Was The Question Of Whether Or Not The Defendant Was At The Helm Of A Boat While Above The Legal Limit.

If The Cg Gets Involved It Will Be A Totally Different Case That Will Be Hampered By The Actions Of The Investigating Officers To Cover It Up.

Sucks Don't It?

Is A Damned Shame That The Cg Could Not Get The Stoopit Sheriff For HIS Bui--he Was witnessed Downing"a Few Cocktails" Immediately Prior To His Murder Run....DINIUS WAS at 0.08--LIMIT...SHERIFF WAS HIGHER IF ONE IS TO CONSIDER THE WITNESSES REPORTS.....

 

[Texas Lake Sailor]

Cover up?

Folks,
We may all think that the dep. should also be charged here, but cover up? The dep. called in the accident, he volunteered to have blood drawn the night of the accident, the lead investigator told the sheriff that he wanted to call in outside help to investigate the next morning and he agreed. Two investigators showed up that evening. This lake is the largest natural fresh water lake solely within Calif. The sheriff contacted both the Sacramento Co Sheriff Boat Patrol and the chief instructor for the state water safety program to assist. The fact is the two operators on the sailboat were over the limit for BWI in CA. The dep was not. Should additional charges be filed? Maybe. But this trial is about the operators of a boat who were impaired and that will or will not be proved by the facts. Could there be another criminal trial? Sure. Is there civil trials coming? Absolutely. I have had experiences with the Lake Co sheriff's office, some officers wer very professional and some were not. But, cover-up? Where? Over charging by a DA, maybe. But in Calif. if you are over the limit for BAC and involved in an accident you are legally at fault no matter who else may have been involved. Let's see how the judge handles the trial and what the jurry says before we spin some kind of evil conspiricy. Either Denius or the owner were going to be charged with BWI.

 

[Bob V]

We will never know the amount of alcohol

that the deputy had in his bloodstream at the time of the accident because the investigating officer was prevented from testing the deputy at the scene. I have never heard that the deputy volunteered to be tested at the scene. If that were the case, why do you think it was not done until 12 hours later?

To my way of thinking, it does not really matter if he was drunk or just stupid when he ran into the back of a becalmed sailboat while travelling over 40 mph after dark. He is still the cause of a fatal accident and apparently will be getting off without prosecution.

 

[zeehag]

Folks,
We may all think that the dep. should also be charged here, but cover up? The dep. called in the accident, he volunteered to have blood drawn the night of the accident, the lead investigator told the sheriff that he wanted to call in outside help to investigate the next morning and he agreed. Two investigators showed up that evening. This lake is the largest natural fresh water lake solely within Calif. The sheriff contacted both the Sacramento Co Sheriff Boat Patrol and the chief instructor for the state water safety program to assist. The fact is the two operators on the sailboat were over the limit for BWI in CA. The dep was not. Should additional charges be filed? Maybe. But this trial is about the operators of a boat who were impaired and that will or will not be proved by the facts. Could there be another criminal trial? Sure. Is there civil trials coming? Absolutely. I have had experiences with the Lake Co sheriff's office, some officers wer very professional and some were not. But, cover-up? Where? Over charging by a DA, maybe. But in Calif. if you are over the limit for BAC and involved in an accident you are legally at fault no matter who else may have been involved. Let's see how the judge handles the trial and what the jurry says before we spin some kind of evil conspiricy. Either Denius or the owner were going to be charged with BWI.

is a northern kalifornikation case--NOT a texas case---clear lake, california is not in texas and the deputy was WITNESSED as having had cocktails immediately prior to his murder run--the results were not there because of the fact the department covered up for his gross misdeeds. this is the crux of the problem with this case..READ LATITUDE 38 --they covered it well for the 3 years it has been pending..

 

[kenn]

in Calif. if you are over the limit for BAC and involved in an accident you are legally at fault no matter who else may have been involved.

Even if that's true, it still amounts to the prosecutor hiding the truth of what actually occurred behind the technicality of a BWI charge. Speeding powerboat hit sailboat from behind. Whether he was sober as a judge, or buzzed, the facts seem to indicate that there was nothing that the sailboat helmsman could do or not do to prevent that collision.