Hi folks, I just found this, I did not see where anyone else had posted it. If so I am sorry!
Jack
http://iteamblog.abc7news.com/
Jack
http://iteamblog.abc7news.com/
Latest on Bismark Dinius!!!!!!!!
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I hope that the legal system works properly and the swine involved in the coverup and prosecution get nailed to the wall as an example.
Absurd for sure!
I'm not convinced that the sailboat had properly lit navigation lights.
Anyone can make their own judgement about what speed is a safe speed under what conditions.
The reality is, lots of people operate power boats at what some may call "high speed" at night and don't run into sailboats.
The absurd thing, is that had the power boat not been operated by someone from the Sherrif's office, and had they not obviously botched the investigation trying to protect their own, the outcome could have been completely different.
I'm not convinced that the sailboat had properly lit navigation lights.
Anyone can make their own judgement about what speed is a safe speed under what conditions.
The reality is, lots of people operate power boats at what some may call "high speed" at night and don't run into sailboats.
True that. I have almost been run over by one of them after dark while paddling my kayak on lake Washington. I'm sure they made their own judgement about what speed was safe and would probably not even have noticed if they had hit me. When you are on an urban lake the little nav lights (mine were on) can not be seen against the background lights and if you are going too fast to avoid hitting something before you see it you are going too fast.
Lots of people make their own judgement about what the acceptable blood alcohol level is too but it doesn't make them less drunk. I bet most of the drunk drivers make it home without hitting anyone also.
None of us have seen or heard all the evidence presented in the case so we should not pass judgement. The purpose of the courts and juries is to perform that function for us. We are all entitled to our opinions but that is all they are.
This will probably be tied up for years before reaching a settlement. We'll probably never hear the facts if it is settled for some undisclosed amount as most of these cases tend to go.
So have a few drinks and calm down. but don't go boating under the influence, or drive a car. I have found taxis are a lot more available even in small towns. For 8 bucks (about the price of a drink in a bar) you can get a ride home and not risk drunk driving, so USE THE TAXIS.
This will probably be tied up for years before reaching a settlement. We'll probably never hear the facts if it is settled for some undisclosed amount as most of these cases tend to go.
So have a few drinks and calm down. but don't go boating under the influence, or drive a car. I have found taxis are a lot more available even in small towns. For 8 bucks (about the price of a drink in a bar) you can get a ride home and not risk drunk driving, so USE THE TAXIS.
You're joking, right?
I'd agree with you in 90% of the legal cases in the media but this one is like the guy being found trying to set off a bomb sewn into his underwear. Yeah, he's "innocent" too.
How true. Some of them run into other power boats and kill eight-year--old children.
Ramblin/Jibes—
I'd point out that the facts of the Bismarck Dinius case that have been made public include:
First, that there were several witnesses who saw the sailboat and that it had its navigation lights on.
Second, that Perdock denied having been at a particular bar that afternoon/evening, yet there are witnesses who place him there.
Third, that no field sobriety tests were given to Perdock at the time of the accident and that his blood wasn't drawn until about eight hours after the accident.
Fourth, that the COLREGS clearly state that a boat needs to be operated at a speed that is safe for the given conditions, and that Perdock admitted to operating the boat at upwards of 40 MPH on a pitch black night. Also, Perdock was under power, the boat he hit was under sail and Perdock was clearly overtaking the sailboat. Given that the COLREGS state that all parties are responsible to do whatever is in their power to avoid a collision, that is FOUR different ways that PERDOCK failed to follow the COLREGS.
Fifth, the person who trained the Clear Lake Sheriff's office in maritime accident investigation has stated that in his opinion the primary cause of the death was Perdock excessive speed.
Sixth, no charges of any kind were brought against Perdock, even though any reasonable person would consider him at least partially liable for the accident and resulting death.
It is a pretty reasonable to conclude:
1) Perdock’s behavior and possible intoxication was the primary cause of this accident and death.
2) The Clear Lake County Sheriff's office and the prosecuting attorney did everything in their power to railroad Bismarck Dinius and protect Perdock from any prosecution
I'd point out that the facts of the Bismarck Dinius case that have been made public include:
First, that there were several witnesses who saw the sailboat and that it had its navigation lights on.
Second, that Perdock denied having been at a particular bar that afternoon/evening, yet there are witnesses who place him there.
Third, that no field sobriety tests were given to Perdock at the time of the accident and that his blood wasn't drawn until about eight hours after the accident.
Fourth, that the COLREGS clearly state that a boat needs to be operated at a speed that is safe for the given conditions, and that Perdock admitted to operating the boat at upwards of 40 MPH on a pitch black night. Also, Perdock was under power, the boat he hit was under sail and Perdock was clearly overtaking the sailboat. Given that the COLREGS state that all parties are responsible to do whatever is in their power to avoid a collision, that is FOUR different ways that PERDOCK failed to follow the COLREGS.
Fifth, the person who trained the Clear Lake Sheriff's office in maritime accident investigation has stated that in his opinion the primary cause of the death was Perdock excessive speed.
Sixth, no charges of any kind were brought against Perdock, even though any reasonable person would consider him at least partially liable for the accident and resulting death.
It is a pretty reasonable to conclude:
1) Perdock’s behavior and possible intoxication was the primary cause of this accident and death.
2) The Clear Lake County Sheriff's office and the prosecuting attorney did everything in their power to railroad Bismarck Dinius and protect Perdock from any prosecution
I think we have been through this Saildog. COLREGS don't apply to a lake. I agree 100% that this was a huge miscarriage of justice though. Hopefully they come up with some speed rules for the lake in question. By the way, the "rules" that we all talk about don't necessarily apply to the CG either. It's like state troopers and the speed limit.
Opposite view
Folks,
Both parties should have been charged. Make no mistake, Bismark & the owner of the sailboat were over the limit to be operating the boat. And should have shown better judgement than to operating a boat on a dark night while under the influance. And just for the record the dep, refused a field test and vol. for a blood test that was not taken 8 hrs later, but later that night.
Speed, alcohol, poor judgement and improper lookout on both boats were factors. And folks, if you had a previous DUI as Bismark did and were at the helm you are going to be charged. Whether it should have been BUI or manslaughter or something else does not make it a conspiracy.
I grew up sailing & water skiing on that lake. It is beautiful, it can be dangerous and you have to always watch out for power boats, canoes and unlit sailboats.
Folks,
Both parties should have been charged. Make no mistake, Bismark & the owner of the sailboat were over the limit to be operating the boat. And should have shown better judgement than to operating a boat on a dark night while under the influance. And just for the record the dep, refused a field test and vol. for a blood test that was not taken 8 hrs later, but later that night.
Speed, alcohol, poor judgement and improper lookout on both boats were factors. And folks, if you had a previous DUI as Bismark did and were at the helm you are going to be charged. Whether it should have been BUI or manslaughter or something else does not make it a conspiracy.
I grew up sailing & water skiing on that lake. It is beautiful, it can be dangerous and you have to always watch out for power boats, canoes and unlit sailboats.
Is being at the helm of a motionless boat operating it? In a boat of this size and type, three or four people could be sitting where they could steer and operate the controls. Which one is the operator? It's got to be the owner except in the case of a moving vessel where the owner has gone below and clearly turned over management of the vessel to someone else. Even then, the owner has primary responsibility and should not be intoxicated.
I would fell much less strongly about this case if the owner had been charged. The only possible rational for not charging him is that the death of his girlfriend would make it vanishingly unlikely that a jury would convict him of anything. To me, this is the strongest proof that the prosecution was an attempt to deflect blame from the guilty party rather than a mistaken understanding about where the fault lay.
non - sequitor
Texa Lake Sailor,
I beg to differ.
If sober you or I had been at the helm of the sailboat that night and the other on watch, we could not have avoided being run over by the power boat. You pre-suppose things not relevant.
A drunk on the sidewalk, hit by a car that jumps the curb is not equally at fault because of public drunkness.
Sailboats under sail have little to no chance when a boat overtakes them at 40 mph.
The prosecution of the sailboat operators and suppression of evidence is a gross injustice.
Texa Lake Sailor,
I beg to differ.
If sober you or I had been at the helm of the sailboat that night and the other on watch, we could not have avoided being run over by the power boat. You pre-suppose things not relevant.
A drunk on the sidewalk, hit by a car that jumps the curb is not equally at fault because of public drunkness.
Sailboats under sail have little to no chance when a boat overtakes them at 40 mph.
The prosecution of the sailboat operators and suppression of evidence is a gross injustice.
Roger,
All parties shall try to avoid the accident. One is motionless, one is doing 40 mph. The motionless one is NOT able to avoid the accident, therefore, the overtaking, speeding boat has imminently more responsibility to avoid the accident and is primarily negligent. The power boat operator should have been charged. The jury could then hear all evidence and if then, the evidence indicated otherwise, charges dropped and charges filed.
To have done it otherwise was to implicate the prosecution in a coverup. It further erodes our trust in the due process of law.
All parties shall try to avoid the accident. One is motionless, one is doing 40 mph. The motionless one is NOT able to avoid the accident, therefore, the overtaking, speeding boat has imminently more responsibility to avoid the accident and is primarily negligent. The power boat operator should have been charged. The jury could then hear all evidence and if then, the evidence indicated otherwise, charges dropped and charges filed.
To have done it otherwise was to implicate the prosecution in a coverup. It further erodes our trust in the due process of law.
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