The power boater, Perdock, was seen drinking prior to the accident. He was not given field sobriety tests and his blood sample wasn't taken until about eight hours after the accident. Saying that he was not drunk is highly questionable, given the fact that the officers investigating the accident were told specifically not to administer field sobriety tests or take blood at that time...
While Dinius may have been BUI, I seriously doubt that even had he been stone cold sober and had the sailing skills of Dennis Conner, that the outcome would have been any different. Avoiding a boat that is doing 50 MPH, by Perdock's own testimony, at night without being able to see it is very unlikely. Also, Perdock's testimony said that he could barely see ten feet given the moonless night... yet he was going 40+ MPH by his own conflicted and changing testimony.
While sound carries at night, directionality is often difficult to tell. Given the events of the accident, it isn't clear how visible Perdock's boat would have been to a lookout on the sailboat just prior to the accident.
I'd also point out that given the speed and noise the speedboat made, sounding a horn on the sailboat would have likely done little good, as Perdock likely would not have heard it. And even if he had, no one can say whether Perdock was sober enough to realize what it meant and whether he would have responded correctly.
Your points about Dinius's sobriety and being able to maintain a proper look out are good ones, but are the not also applicable to Perdock, and even more important given the fact that he was operating a vessel at a speed generally considered very unsafe for the conditions at the time. The sailboat is reported to have had its navigation lights as well as it cabin lights on at the time of the accident. Given how well lit it was, would lighting the sails be of any real additional benefit, given that Perdock clearly didn't see the navigation lights or cabin lights.
I'd point out that starting the motor on many boats takes a few seconds at the very least. Warming the glowplugs and then turning over the engine and getting it into gear may take 15 seconds or so on some boats... that would allow the powerboat to travel over 1000 feet before the sailboat would even be able to start moving...
Even the person who instructed most of the Lake County Sherrif's department in investigating Marine Accidents stated that Perdock was to blame for the accident and subsequent death, due to his reckless speed, yet the DA basically ignored this testimony and no charges have been filed against Perdock.
Lake co. was my home of record for many years. I have sailed & motorboated on it many times. The issue here is not should the folks on the sailboat be charged with operating a boat under the influance or not, but should other charges be brought for the power boat driver. Like it or not, the person at the helm and the boat owner were over the limit by blood tests. The power boater was not. Were lights on? There is conflicting evidence, what have the tests shown? If the sailboat had a proper, sober lookout could they have taken action, lighted the sails, sounded a horn? Was the power boat going to fast most likely, should he also be charged? Yes. But folks if you are operating a boat over the limit, you can't use as a defense "I just had my hand on the tiller" We all have had close calls, and as a retired naval officer I remember an old capt telling me, "Lt don't let yourself get in a spot where you have to rely on the rules of the road to keep your ship safe." I believe that both "capttains" are at fault here.
