LAKE COUNTY ? Visiting judge J. Michael Byrne denied defense attorney Victor Haltom”s third attempt to reduce to two felony charges against his client, Carmichael resident, Bismarck Dinius, during a Friday hearing.
Dinius piloted a friend”s sailboat the night of April 29, 2006, when it collided with a powerboat owned by Lake County Sheriff”s Office Capt. Russell Perdock.
Dinius is charged with vehicular manslaughter involving a vessel, for the death of Willows resident Lynn Thornton, who was a passenger on the sailboat.
Dinius also faces a charge of boating under the influence of alcohol.
Haltom said Friday”s motion was the end of his attempts to reduce the charges to misdemeanors.
He brought the motion for the third time Friday because he thought the motion was never given proper consideration.
Lake County Superior Court Judge Richard Martin denied the motion in December, saying there wasn”t enough evidence to reduce the charges.
Haltom said he subsequently received letters from Thornton”s family members saying they thought Dinius was innocent. When Haltom brought the letters before the court in February, Martin denied the motion again because he said the time to reduce the charges passed. Byrne upheld the decision Friday.
“At that time, he said he didn”t have enough information. I think it was a reasonable ruling at that time based on what he did have,” Byrne said.
Byrne also continued Haltom”s motion to obtain Lake County Sheriff”s Office personnel records until April 24.
Haltom said he wanted information surrounding the departure of former Lake County Sheriff”s Office deputy James Beland from the agency.
Lake County Deputy District Attorney John Langan said he is waiting for Haltom to obtain personnel records from Beland”s attorney, Scott Lewis, of Santa Rosa.
Byrne gave both attorneys time to decide how to obtain the personnel information.
Contact Tiffany Revelle at trevelle@record-bee.com, or call her directly at 263-5636, ext. 37.
