Tiffany Revelle–Record-Bee staff
LAKE COUNTY — A preliminary hearing began Tuesday for Carmichael resident Bismarck Dinius, who is charged with boating under the influence of alcohol and vehicular manslaughter involving a vessel.
Dinius faces the criminal charges in connection with an April 29, 2006 nighttime boat accident that took the life of Willows resident Lynn Thornton. Deputy District Attorney John Langan, who is prosecuting the case, called Sacramento County Sheriff”s Department Sgt. Charles Slabaugh to the stand Wednesday morning. Cross-examination by Dinius” defense attorney Victor Haltom is expected to continue today at 9 a.m.
“Our case has always been strong, and it”s getting stronger. The facts are in our favor, and we”re hoping they come to their senses and dismiss the case in the preliminary stage,” Dinius said outside the courtroom Wednesday evening.
Haltom cross-examined Slabaugh about his conclusions in his reconstruction of the collision. Slabaugh said a California Department of Justice report found that the sailboat”s running lights were off at the time of the crash.
Slabaugh said on the stand that he disagreed with an April 30, 2008 report by retired law enforcement officer Wes Dodd that said the lights were on. The report relied on the findings of engineer William Chilcott of the Grass Valley firm Marine Testing Co. Dodd was one of Slabaugh”s instructors in marine accident reconstruction, according to his testimony.
Lake County Chief Deputy Sheriff Russell Perdock of the Lake County Sheriff”s Department piloted the 24-foot Baja power boat that struck the 27-foot O”Day sailboat Dinius was operating the night of the accident.
Dodd”s report said Perdock”s estimated speed between 40 and 55 miles per hour was unsafe for the conditions, and said he should have been charged with recklessness and negligence because he violated six Rules of the Road under Title 14 of state law.
“Even if Mr. Dinius had not been drinking, he still would have not been able to maneuver the sailboat in time to avoid a collision. Had Mr. Perdock been operating his vessel at a safe, prudent speed, this accident could have been avoided,” Dodd wrote.
Dinius” civil attorney Lucas Olts was present for the hearing to ensure that the testimony of witnesses he had previously interviewed in deposition hearings was consistent with testimony given on the stand.
Contact Tiffany Revelle at trevelle@record-bee.com.
