LAKEPORT ? Bismarck Dinius testified in his defense Thursday that he was taking orders from Mark Weber while they were sailing April 29, 2006.
Dinius was at the tiller of Weber”s sailboat when Capt. Russell Perdock of the Lake County Sheriff”s Office crashed into the vessel with his speedboat. Perdock was off duty at the time of the crash. Sailboat passenger Lynn Thornton died as a result of the collision.
The understanding of who is master is usually unspoken between sailors, Dinius testified. It was Dinius”s first time on the vessel so he manned the tiller. Weber took care of the sails.
“He was basically giving me directions the entire time,” Dinius said.
Dinius is charged with felony boating under the influence and two misdemeanor boating under the influence charges that carry a three-year sentence.
He qualified many of his statements by saying he didn”t remember or he couldn”t be sure of his answer. As a result of the collision, Dinius had a concussion as well as two broken ribs, a broken hand, cuts and bruises, he said.
Dinius testified he had two or three sample glasses of wine at Richmond Park Bar and Grill, a few Coronas and a Coors Light. He couldn”t remember how many Coronas he drank but in his deposition he guessed he had three or four before getting on the sailboat that night.
The cabin lights were on and illuminated the people on the sailboat, Dinius said. He didn”t remember seeing other lights on the boat.
After Dinius testified the defense rested its case. District Attorney Jon Hopkins will have the opportunity to call rebuttal witnesses today. Judge J. Michael Byrne expects closing arguments on Tuesday with jury deliberations starting Wednesday.
Defense attorney Victor Haltom read off stipulations that said it became completely dark at 8:31 p.m. in Lakeport and at 8:30 p.m. in Clear Lake Highlands on the night of the collision. The moon was about 5 percent illuminated.
Richard Higinbothan testified he was an investigator for the Lake County District Attorney”s office and interviewed Perdock about the collision, then gave his report to Deputy District Attorney John Langan.
Malcolm Davy, a boat repairman and owner of Down Under Boat Works, examined Perdock”s speedboat to give his insurance an estimate for repair.
“Normally the bows to the boats, there”s virtually no damage at all and Mr. Perdock”s boat had a huge hole in it,” Davy said.
The trial will continue 9 a.m. today in the Lake County Superior Court at 255 N. Forbes St. in Lakeport.
Contact Katy Sweeny at ksweeny@record-bee.com or call her directly at 263-5636, ext. 37.
