LAKE COUNTY — The question is whether or not the Lake County District Attorney”s Office should be trying the case of Bismarck Dinius, the operator of a sailboat that was hit by Chief Deputy Sheriff Russ Perdock”s power boat as he headed across the lake on a dark night.
Three broadcasts by KGO channel 7, along with Dinius” defense attorney, say the answer is no because of the close working relationship Perdock has with the DA”s Office.
Lake County Sheriff Rodney Mitchell contacted the office of the California Attorney General Aug. 20 to request that the state Department of Justice (DOJ) review investigations by his staff and by a sergeant and deputy from the Sacramento Sheriff”s Marine Services Unit, brought in to investigate the incident last year.
A press release received by the Record-Bee states Mitchell”s request met with approval Aug. 22. He confirmed Monday that the case had been sent up for review.
Referring to recent “television broadcasts” about the collision that took the life of 51-year-old Willows resident Lynn Thornton, Mitchell states, “Lynn Thornton”s loved ones and local citizens alike must be able to trust that we are fully open to inspection ? in spite of unfortunate stereotypes of rural communities.”
A June press release from DA Jon Hopkins says he referred the case to the California Attorney General”s office to “review this case to determine what charges should be filed against whom, and to determine if the Lake County district Attorney should be recused from the case based upon a close working relationship with the Lake County Deputy Sheriff or the Sheriff”s Office in general.”
That review found no reason for the Lake County DA to step down, states the release.
The controversial and much-debated case will be in court Friday in Dept. 2 of the Lake County Courthouse in downtown Lakeport at 1:30 p.m. Slated for that date are an arraignment for Bismarck Dinius on charges of vehicular manslaughter involving a boat and boating under the influence of alcohol, along with a motion to recuse the Lake County DA from the case by Dinius” Sacramento attorney Victor Haltom.
Dinius is charged with Thornton”s death partly on the basis that his blood alcohol level was .12, over the legal limit as he was at the rudder of the 27-foot O”Day sailboat when a Baja powerboat driven by Perdock plowed into it in the dark at about 9:30 p.m. that night.
Points of contention raised in three recent broadcasts by KGO channel 7 are the speed at which Perdock was traveling and whether or not the sailboat”s running lights were on at the time of the collision.
Perdock”s powerboat reportedly smashed into the rear of the sailboat, traveled through the cabin, snapped the mast and landed in the water on the other side.
In a Monday interview with the Record-Bee, Hopkins said speed is not the only factor in determining criminal negligence, which is what DDA David McKillop is tasked with proving.
California boating law states essentially that a boater has to be able to stop in half the distance which he or she is able to see in front of the vessel.
Perdock”s statement to investigators estimates his speed at 40 to 45 miles per hour. Hopkins said a later statement from Perdock revealed that his estimate was based on RPMs, and is inconsistent with a passenger”s observation of the speedometer, which puts the speed at around 35 miles per hour.
But that isn”t ironclad, either, said Hopkins. “We don”t know how fast either one was going,” said Hopkins. He said the perception by some that the sailboat was adrift is false, and that the sailboat was moving at the time of the collision.
Regarding whether or not the sailboat”s running lights were on at the time of the accident, both Hopkins and McKillop do not argue that a cabin light was on. They do contend that it wasn”t enough, however, claiming the windows in the cabin were tinted and that a different model of sail boat was used in the TV simulation than the one Dinius was steering.
The credibility of a pair of witnesses who say the lights were off is questioned in the KGO report, saying their testimony was hand-written by a deputy, then signed by the witnesses. The girls were reportedly 300 to 500 yards away from the accident watching from the shoreline, and told KGO they didn”t see what Perdock”s boat hit.
Beside pictures taken of the light panel showing the switch in the off position, Hopkins said the DOJ made a finding that the sailboat”s stern, or rear lights, were off.
Hopkins said the credibility of a witness” testimony is for a jury to decide. Regarding the KGO report”s assertion that nine out nine out of 16 witnesses saw the lights on, Hopkins said it”s not a matter of numbers but of witness credibility.
“Our goal is not to please the media, it is not to pander to special interest groups, it is not to respond to a mob that forms and clamors for some particular result. What we always do is try to keep an open mind throughout the case because almost every single trial ends up having new information . And we must be open to changing our mind about the case when that occurs.”
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