LAKE COUNTY — Carmichael resident Bismarck Dinius” criminal defense lawyer, Victor Haltom, plans to contest Lake County Superior Court Judge Richard Martin”s ruling that there was enough evidence to hold Dinius responsible for a 2006 fatal boat crash. Dinius faces felony charges of vehicular manslaughter and boating under the influence of alcohol.
Martin found enough evidence to hold Dinius to answer for the charges after a preliminary hearing in May. Haltom said he plans to make a motion to have another judge review Martin”s decision in a Nov. 17 court date.
“The bottom line is that in my opinion there is just not sufficient evidence to take this to trial against Mr. Dinius, particularly on the manslaughter charge,” Haltom said.
Dinius was at the tiller of a friend”s sailboat when a powerboat piloted by Chief Deputy Sheriff Russell Perdock struck it from behind in the dark, ramped up and over the sailboat, snapped its mast and landed in the water on the other side. Sailboat passenger Lynn Thornton of Willows was killed.
Lake County Deputy District Attorney John Langan, who is prosecuting the case, said he did not want to comment on the case and risk tainting a prospective jury pool. Haltom and Lake County District Attorney Jon Hopkins agreed finding a fair and impartial jury in Lake County did not present a problem. Hopkins said Haltom”s motion for a review of ruling was “a standard motion frequently made by defense attorneys after a prelim.”
The Lake County District Attorney”s Office filed charges against Dinius in 2007, nearly a year after the crash, alleging that the sailboat”s running lights were off and that Dinius was operating the boat under the influence of alcohol. Haltom said he plans to focus on evidence Langan presented in the preliminary examination, including testimony by a prosecution witness that the sailboat”s cabin lights were on at the time of the crash.
“It”s irrational to be prosecuting Dinius instead of Perdock. If I do my job and get 12 rational jurors, he”s (Dinius) not going to be convicted of manslaughter,” Haltom said. Hopkins and Haltom confirmed that Dinius faces a maximum prison sentence of four years for the manslaughter charge.
Contact Tiffany Revelle at trevelle@record-bee.com.
