LAKE COUNTY — A California Department of Justice (DOJ) review of the Lake County Sheriff”s Department”s (LCSD) investigation of an April 2006 fatal boating collision found no need for further investigation or policy change. The review was completed Dec. 10 and delivered to the LCSD Dec. 20, according to a Friday statement from Lake County Sheriff Rodney Mitchell.
The Lake County District Attorney”s Office is prosecuting Carmichael resident Bismark Dinius for a felony count of vehicular manslaughter involving a vessel and a misdemeanor count of boating under the influence of alcohol. Dinius was at the helm of a 27-foot O”Day sailboat when it was hit by a 24-foot Baja powerboat. No charges were filed against Lake County Chief Deputy Sheriff Russell Perdock, who was driving the powerboat.
The DOJ report says that dates and times were incorrectly recorded on blood samples taken from Dinius, Perdock and sailboat owner Mark Webber after the crash. Forms show that deputies requested Dinius” blood draw on April 29, 2006 at 1:02 a.m. and that Dinius consented 24 hours and three minutes later, April 30, 2006 at 1:05 a.m. Weber”s record shows that he consented to the blood draw three minutes before the request was made, according to the DOJ report. Finally, Perdock”s form shows that his blood draw was done on April 30, 2006 at 11:30 p.m.
“However, an examination of several of the investigative reports, hospital treatment records and dispatch records indicate the blood samples from Dinius, Weber and Perdock were taken as soon after the accident as practical, given the travel time fro the Bay Shore area where the victims came ashore to the hospitals,” the report states. The DOJ report attributes the discrepancies on the forms to “fatigue, or carelessness of staff members in the last few minutes of the calendar day.”
Mitchell asked the DOJ to review his department”s investigation Aug. 20, 2007 in response to “recent television broadcasts,” according to an LCSD release dated Aug. 24, 2007. A series of broadcasts by KGO channel 7 spotlighted the incident during the summer and called into question the Lake County Sheriff”s and District Attorney”s actions in the case. One issue brought up in the KGO series was differing witness statements about whether or not the sailboat”s running lights were on at the time of the collision.
“If the (witness) statements didn”t perfectly match or if they horrifically didn”t match, I would”ve brought it up if there was an issue there to look at further,” inspector George J. Doane of the DOJ”s division of law enforcement said. “We found that most were pretty close.” A DOJ laboratory examination found that the sailboat”s stern light was off. The condition of the mast and bow lights could not be determined, according to the report.
A letter to the DOJ requested “a review of the sufficiency of the investigation, areas for further investigation and changes or enhancements to department policies.” The DOJ examined 18 LCSD reports, one Sacramento County Sheriff”s report, Lake County dispatch logs and DOJ Bureau of Forensic Services evidence an toxicology reports, according to a summary in the DOJ report.
The full DOJ report can be viewed at www.lakesheriff.com.
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