Sailboat slams into speedboat

[Wobble]

Boat-us sent this out, an incredible chain of events to say the least

http://www.boatus.com/seaworthy/justice.asp

This is how it starts

"At approximately 9:30 p.m. on April 29, 2006, five friends on a 27’ O’Day were sailing toward their marina on California’s Clear Lake. It was an almost moonless night, very dark, with barely a hint of wind. The sailboat was ghosting through the water when a 385 hp, 24’ Baja Outlaw with three people aboard sped through the darkness and struck the sailboat’s starboard stern quarter.

According to forensic experts, the Baja ramped over the sailboat and crushed the cabin bulkhead, leaving prop marks in the deck. Much of the sailboat’s cabin top was torn off and its aluminum mast was sheared completely off at the base. The Baja exited on the port bow. Although the O’Day had rolled heavily to starboard and taken on water, both boats remained afloat. All five people on the sailboat suffered injuries, ranging from cuts and bruises to broken ribs and concussions. A 51-year-old woman, Lyn Thornton, who was the fiancée of the boat’s owner, Mark Weber, died a few days later from her injuries. The sailboat was insured through the BoatU.S. Marine Insurance program.

After a brief investigation by the Lake County Sheriff’s Department, 39-year-old Bismark Dinius, who had been at the helm of the sailboat, was charged with manslaughter and faces up to four years in jail. The driver of the powerboat, Deputy Sheriff Russell Perdock, was not charged. Perdock is the number two official at the Lake County Sheriff’s Department."

[Ratickle]

That's worth following.....:sifone:

[glassdave]

what is the term "ghosting"? Would that be sailing/under way with no lights? (which i see all the time here in the great lakes)

[fund razor]

I took it to mean no lights, no sound, no engine.

[Fast Shafts]

I smell something fishy....:(

[Wobble]

I took it to mean no lights, no sound, no engine.

The "experts" concluded that the rear nav light was on as were the cabin lights.

[fund razor]

The "experts" concluded that the rear nav light was on as were the cabin lights.

Yes, I read that. Nonetheless, the image conjured in my mind by the use of the word "ghosting" was that it was silent and dark. But maybe that is a sailing term, and I am not aware of it.

I tend to believe that it was lit, based on the article.

But now that I think of it, it is in BoatUS interest to make me think that.

[RichL]

I read about that too, and there's definately something wrong with the whole story.

[glassdave]

cabin lights mean nothing for night time illumination. I've actually almost run into one ass hat sailboater that had absolutely no lights on his vessel at all but when i approached he shined a flashlight into his sails. Yes i did turn around and heated words were exchanged and this dipschit still didnt get it.

[animalhouse]

Both sides of this story have an agenda of some type, it would appear that the cops are covering for their guy, and boat us is trying to avoid paying out all types of insurance claim. I'm sure after you sift through the bs, the truth is hiding in there somewhere.

[Bobcat]

not to make light of a tragic situation but who in the fug names their kid Bismark Dinius?

[catastrophe]

not to make light of a tragic situation but who in the fug names their kid Bismark Dinius?


You are sick:rofl::rofl:

[MarylandMark]

not to make light of a tragic situation but who in the fug names their kid Bismark Dinius?

no wonder he became a sail boater

[cosmic12]

Hum..... The title of the thread says sail boat slams into speed boat. Am I reading something wrong here or is it the other way around?

[MacGyver]

Hum..... The title of the thread says sail boat slams into speed boat. Am I reading something wrong here or is it the other way around?

:huh: I thought the same thing.

[C_Spray]

I've seen this subject on other web sites as well. It's going to push a lot of people's hot buttons...

[Eaton Photos]

That is one very unfortunate story. And also shows', how the law can be abused/ mis-used, when its applied against a member of a law enforcement agency. I do hope, that Bismark Dinus, is found not guilty, since based upon what I have read, he is being used as the Fall-Guy for the whole incident.

[redhotsommer]

In a complete twist of ironic fate, the stereo of the Baja was playing this song at the time:

http://www.youtube.com/watch?v=KecIdlEAKhU

[MacGyver]

not to make light of a tragic situation but who in the fug names their kid Bismark Dinius?

I bet he has relatives named Thurston and Lovey :biggrinjester:

[Ratickle]

I bet he has relatives named Thurston and Lovey :biggrinjester:

That's no doubt Mom and Dad......

[Wobble]

The case went to the jury yesterday

http://www.record-bee.com/ci_13155416

Closing complete: Jury to DeliberateBy Katy Sweeny-- Staff reporter
Updated: 08/18/2009 09:54:01 PM PDT


LAKEPORT Lights on, lights off. Crew, operator. Corruption, no corruption.

Jurors heard those and other arguments during closing statements Tuesday in the trial against Bismarck Dinius for felony boating under the influence and two misdemeanor boating under the influence charges.

Dinius was at the tiller of Mark Weber's sailboat on April 29, 2006 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 collision. Sailboat passenger Lynn Thornton died as a result of the crash.

Defense attorney Victor Haltom argued the sailboat lights were on, Dinius was a member of the crew and wasn't responsible for the boat or its lights, and the LCSO and the Lake County District Attorney's office is corrupt.

District Attorney Jon Hopkins told the jury the sailboat's lights were off, Dinius was the operator with the responsibility to make sure the sailboat's running lights were on, and his office and the sheriff's department is not corrupt for charging a man who was drunk with boating under the influence.

The bailiff told one man to leave the courtroom because the man was responding to closing arguments with, "Yeah," and nodding his head. Most of the crowd stayed quiet as instructed although people, including Weber, whispered opinions the bailiff and jurors didn't seem to hear.

Haltom used a PowerPoint presentation to go along with his closing argument.

more here http://www.record-bee.com/ci_13155416

[ROGUE]

cabin lights mean nothing for night time illumination. I've actually almost run into one ass hat sailboater that had absolutely no lights on his vessel at all but when i approached he shined a flashlight into his sails. Yes i did turn around and heated words were exchanged and this dipschit still didnt get it.

I nearly t-boned a dark one sitting in Sandusky Bay one night. Its top mast light was buried with the shore lights and never moved so I didnt pick it up. Its primarily the reason I dont run at night anymore, at all.

[tommymonza]

Wow read the comments after the story and they have a regular old hicktown goodoleboy coverup and railroading case. Unbelievable what these folks have been putting up with in this little lake town.


http://www.record-bee.com/ci_13155416

[Chris]

not to make light of a tragic situation but who in the fug names their kid Bismark Dinius?


Mr & Mrs Dinius.

[DAREDEVIL]

Mr & Mrs Dinius.

Could be Chris.:03:

[ROGUE]

Wow read the comments after the story and they have a regular old hicktown goodoleboy coverup and railroading case. Unbelievable what these folks have been putting up with in this little lake town.


http://www.record-bee.com/ci_13155416

Not necessarily, the anti-alcohol naziis will blame whomever has alcohol in their system no matter who hit who. You are guilty until proven innocent.

[tommymonza]

I have been an avid sailor and powerboater for 40 years of which the last 25 have involved mass amounts of beer when sailing .
I have been pulled off a sandbar stumbling drunk with the sailboat at 10 in the morning by the Sheriff .Guess he figured the worse harm that could come was me passing out and drowning .

[baddogz28]

I have been an avid sailor and powerboater for 40 years of which the last 25 have involved mass amounts of beer when sailing .
I have been pulled off a sandbar stumbling drunk with the sailboat at 10 in the morning by the Sheriff .Guess he figured the worse harm that could come was me passing out and drowning .

I don't mind if you tack on another 25 years of drunkenness just as long as you don't kill anybody. :seeya:

[Wobble]

Jury recessed for the night

http://twitter.com/dannoyes

[ROGUE]

I have been an avid sailor and powerboater for 40 years of which the last 25 have involved mass amounts of beer when sailing .
I have been pulled off a sandbar stumbling drunk with the sailboat at 10 in the morning by the Sheriff .Guess he figured the worse harm that could come was me passing out and drowning .


Same excuse pot smokers use. "I was driving too slow to cause an accident" Yea--right.

[GRADS]

The lady that was killed was the mother of a good friend of mine. Hopefully all the facts will come out and the right man will be charged.

[Ratickle]

I nearly t-boned a dark one sitting in Sandusky Bay one night. Its top mast light was buried with the shore lights and never moved so I didnt pick it up. Its primarily the reason I dont run at night anymore, at all.

I will never understand why they don't require strobes like planes have. Easy technology, makes it obvious. Sometimes I do not get the difference's when laws are made of improvements vs that's the way it's always been.

[Ratickle]

The lady that was killed was the mother of a good friend of mine. Hopefully all the facts will come out and the right man will be charged.

Very sorry to hear that. :( Our condolences. Paul and Terri

[Blue Oval]

I boat alot at night,always very carefull.If I had a dollar for each sailboat that was running with no lights on I could buy a new boat!They wait until they can see you then turn there lights on.It's like a ghost appearing in the middle of the lake!I hang out with some sailboaters,there are some good ones,and alot that think rules don't apply.I hope they figure this one out,no idea of the facts,just speaking of my own boating history.

[Wobble]

The lady that was killed was the mother of a good friend of mine. Hopefully all the facts will come out and the right man will be charged.

I am hoping so too. Sorry for your loss.

[sutphen30]

NOT guilty on 2 counts
Hung on the 3rd 11-1 for NOT guilty

[Wobble]

NOT guilty on 2 counts
Hung on the 3rd 11-1 for NOT guilty

third count dismissed.

Justice for Dinius, now it's time for for the Sheriff to face Justice.

[Wobble]

Well I guess I should change the title to "Speedboat slams into Sailboat"

[tommymonza]

Unbelievable what this County did to this man and his life. The way the DA was protecting his little buddy cop, with the outrageous claims and lies that were presented in court , makes you wonder what the cop has on the DA to push him to try to prosecute an innocient man .

[MarylandMark]

The lady that was killed was the mother of a good friend of mine. Hopefully all the facts will come out and the right man will be charged.

:(

I hope the family can find peace one day.

[Hammer01]

Sad part is regardless of the alcohol, the speedboat whether we like it or not has to yield the right of way to the blowboater when he is not under power and it seems as though the sails were up. Most of the BB on lake Michigan have no less than the large mast lights lit up. At the end of the day, he may have been guilty of a DUI but unfortunately a sailboat normally can not run into a speeding V-Bottom. I don't like the rules scued to the BB's but that is the way the law reads. Seems like a large case of BS and throwing a badge but no matter what this goes down in the books again as boating late at night and not be defensive enough of a driver on either part. The alcohol prob did not cause the accident but surely did not help the situation nor the possible judgement on Nav lights regardless. Hope it turns out for the best.

[Wobble]

Boatus has an interview with Bismarck Dinius after the trial

The Trial of Bismarck Dinius
Seaworthy Interviews Dinius and his Attorney, Victor Haltom

In August, 2008 “A Strange Case of Justice,” Seaworthy told the story of Bismarck Dinius, who had been at the helm of a 27-foot sailboat on California’s Clear Lake when it was struck from behind on a still, moonless night by a 24-foot Baja that was being operated by Russell Perdock, the number two man in the local Sheriff’s Department. The Baja ramped completely over the sailboat; all five people aboard suffered injuries, ranging from bruises to broken bones and concussions. A few days later, the sailboat owner’s 51-year-old girlfriend, Lynn Thornton, died as the result of her injuries. The sailboat was insured through the BoatU.S. Marine Insurance program.

Dinius, who was found to have a BAC of .12, was charged with involuntary manslaughter, which, shortly before the trial, was changed to felony boating under the influence causing great bodily injury. Perdock has never been charged. Nor was the sailboat’s owner, who was also aboard.

it continues here

http://www.boatus.com/seaworthy/justice2.asp