The Trial of Bismark Dinius - A Story of Boats, Tragedy, Police, Justice...

[Sean Malone]

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.

As a member of BoatUS, I receive a few periodicals from them. One publication focuses on boating safety and the insurance claims that they receive (insurance being one of their products) and tips on how to prevent them. A few years ago they covered the story of a boating accident from the excerpt above. Of course boating accidents happen regularly and sadly there are times when an accident causes death (we bought our house from a lady who had lost her husband in a fishing accident in the Keys the same year they bought the house). The reason this particular accident received attention is due to the circumstances, the players and the subsequently divided community in a call for justice (or as many say, injustice).

The story in a nutshell;

Bismark Dinius was at the helm of a 27’ sail boat, having a relaxing evening with friends when a 24’ Baja speedboat with a 384hp V8 slammed into them doing an estimated 50mph and tragically one of the passengers, the fiancée of the sail boat’s owner was killed. The driver of the speedboat was Deputy Sheriff Russell Perdock. Witness’s claim they observed Perdock drinking at a popular shore side bar and grill for at least 3 hours earlier in the evening.
After a brief investigation Dinius was arrested on manslaughter charges due to his BAC being above the limit and witnesses claiming that the sail boat did not have the required night time lighting. Deputy Perdock was not charged and was driven by a fellow officer to a local hospital for a blood alcohol test but according to the label of the test, it was taken 24 hours after the accident.

The manslaughter charges were eventually dropped by the DA (he took a full page ad out in a local paper to announce his plan and to discuss his views) and replaced with Boating Under the Influence which caused bodily harm, a charge that carries a 3 year jail sentence.

The trial started last week with protestors showing up each day (many believe the wrong man is on trial and that Perdock used his position as an officer to escape charges)

This is a popular topic in the boating community and evidently around the town where it happened.

It’s a very interesting story. They even get into forensics to determine if the sailboat lights were on at the time of impact.

BoatUS Article (http://www.boatus.com/seaworthy/justice.asp)

Letter to the community by the DA;
Letter (http://www.co.lake.ca.us/Assets/DistrictAttorney/Press+Releases/January+2008/July+17$!2c+2009+-+Dinius+Sailboat+Case+Open+Letter.pdf)

A response to the DA in an online 'letter to the editor' page;
Response letter (http://lakeconews.com/content/view/9580/770/)

[Methanolandbrats]

A speedboat hauling ass in the dark hits a sailboat and it's the sailors fault? :saywhat: This is a good example of why many people hate cops.

[Gnam]

That's messed up, capt'n.

Reminds me of an urban legend about a guy getting arrested for being rear ended at a stop light because his BAC was over the limit. The deputy's behaviour afterward is the kicker though. :shakehead

[oddlycalm]

There is no speed limit on Clear Lake. There are, however, federal laws that apply. Dodd noted that Perdock had been in violation of Rule 5 (Lookout), Rule 6 (Safe Speed), Rule 7 (Risk of Collision) Rule 8 (Action to Avoid Collision), Rule 13 (Overtaking), and Rule 25 (Sailing Vessels Underway and Vessels Under Oars).


“There’s a clown who is either going to kill himself or somebody else.”

Indeed. Interesting case Sean.

Pretty clear Dinius is taking the hit because he was a drunk operator with a prior DUI. You drink, you drive, no sympathy from me if you go down. It's equally clear the deputy is getting an autopass for bad acts committed while carrying a badge. The DA's statement is an embarrassment because while it's clearly impossible to put an exact number to the speed of the boat he's turning a blind eye to the extent of the damage to the sailboat. It's the usual "who you gonna believe, me or you're lying eyes" routine...:shakehead :thumdown:

oc

[emjaya]

Reminds me of an urban legend about a guy getting arrested for being rear ended at a stop light because his BAC was over the limit.

You mean this one. (http://www.msnbc.msn.com/id/32238565/ns/local_news-miami_fl/)

I'm not a lawyer and all, but doesn't the "open letter" from the D.A. give the defendant some grounds for a dismissal or an appeal to a higher court?

We have had a couple of cases lately like this over here, fast boat runs into slow moving boat at night, and the same things are coming up: alcohol, speed and running lights. :shakehead

[Gnam]

You mean this one. (http://www.msnbc.msn.com/id/32238565/ns/local_news-miami_fl/)

Holy mackerel.
A cat? That's the best they could do. :laugh:

Still, the police don't arrest innocent people. :gomer:

[trish]

You mean this one. (http://www.msnbc.msn.com/id/32238565/ns/local_news-miami_fl/)



I wonder how many other people they've framed. I truly believe this is typical behavior.

[grungex]

No doubt. And why in the hell do these a-holes always get a paid vacation when they break the public trust? :flame:


The charges against Torrensvilas have since been dropped. The five employees have been suspended with pay.

[nrc]

A speedboat hauling ass in the dark hits a sailboat and it's the sailors fault? :saywhat: This is a good example of why many people hate cops.

"People" must not hate cops too much since they just voted to jack up my city income tax 20% to keep some of them from getting laid off. :irked:

[Methanolandbrats]

"People" must not hate cops too much since they just voted to jack up my city income tax 20% to keep some of them from getting laid off. :irked: Ya, but you live in Ohio :D

[Indy]

:mad:

[chop456]

Never sail with a guy named Bismark.

[Methanolandbrats]

Never sail with a guy named Bismark.:laugh:

[Andrew Longman]

I had a roommate in college who was driving normally down a typical insane divided 4 lane in Detroit (Gratiot Blvd I think) when a rookie cop going the other way, way too fast for the traffic launched himself (Dukes of Hazzard style) over the barrier and onto my roommate's car. Fortunately, he saw him coming, dived to the floor and walked away with just cuts... and a ticket for an open container - the empty Stroh's can they found in his destroyed car.

The cop got nothing.

Not to excuse the open container, but he wasn't close to being drunk and traveling with a beer was pretty much the norm in 1970s Michigan.

[Sean Malone]

We have had a couple of cases lately like this over here, fast boat runs into slow moving boat at night, and the same things are coming up: alcohol, speed and running lights. :shakehead

We frequently boat after sunset and I often see boats that are technically adhering to the lighting laws, but yet I do not see them until I'm very close (especially if they are on a cross path) which is why once the sun goes down, I pilot my boat with extreme caution, only coming on plane in open water, I use the airplane pilot technique of constant horizon scanning and idle through the unrestricted speed channel on the way back to dock.

In the case of Bismark, their story changed and witnesses stories changed from the time of the incident to the time of the trial. I assume this is fairly normal when a trial is held three years after the incident.

Maritime law states that a boat pilot needs to evaluate the conditions for which they are navigating and compensate accordingly. Even 40mph (which is fast on water) is too fast in my opinion, for a lake at night just off shore. Its wreckless...in my opinion. Technically he was within the law to be running at that speed, on that lake, in the dark.
As for the sail boat...hmmm...the law is specific regarding lights on a boat after dark. Any rag bagger worth his weight should have had the required lights on. In my opinion however, is that the required lighting for boats are inadequate. Weekend stinkpotters I can understand. I frequently remind sunset cruise weekenders to turn their lights on as they leave the dock.

I'm surprised no one questioned (or more correctly I assume, I haven't read that someone questioned) whether the speed boat had it's running lights on. A boat of that style, running 40mph with a 384hp V8 on a calm, quite night should have been heard from a far distance and the red/green front nav light should have been visible to the occupants of the sail boat who claim they were partying on the deck.

This case could have been completely different if it weren't for 2 things. 1) the sail boat could prove through witness's or forensics that their proper running lights were on and 2) if they could prove that they were at anchor. It's my understanding that if the boat was at anchor, it wouldn't have mattered how drunk the occupants were as they could have been sleeping on the boat. But, having to prove your innocence is not how our system is supposed to work is it?
Since the sail boat occupants changed their story during the trial and claimed that indeed they were underway and NOT at anchor, then the skipper should have 1) made extra sure his lights were on, and 2) should have seen if not heard the approaching speed boat and 3) most importanlty NOT BEEN DRUNK.
So my conclusion is that I find both parties responsible and if I were the judge I would suspend Bismark and Perdock of ever piloting a boat again and if caught, they would face jail time. I would also suspend Bismarks drivers license for 5 years because it was proven he was piloting a boat under the influence which also affects your privilege of driving an automobile.

Boating technology has advanced a lot in the past few years with the advent of affordable GPS units and PLBs & EPIRBs. It doesn't seem to far fetched to me to have some sort of collision detection technology introduced to the small boat community.

It's a sad shame that the lady lost her life...5 friends on a sail boat, having cocktails on a calm dark lake having the time of their lives and SLAM...party over. Which reinforces that you can never take safety seriously enough. My wife rolls her eyes when I give my safety speech to new guests on our boat, but if it helps divert a tragedy than it's a small effort for a big gain.

[Boatdesigner]

I am of the opinion that being on plane in the dark is unacceptable anywhere, except maybe well offshore. Even then there could be debris floating in the water that could sink or disable your boat. The powerboat should have never been on plane in the dark on a lake. Add in the fact that the sailboat has the right of way and the cop should be getting fried. Dinius should be tried for BUI, but not for the death of the woman.

[Sean Malone]

The latest trial report ...

http://lakeconews.com/content/view/9813/764/

Perdock is due on the stand today.


Additional links to other reports;


http://www.record-bee.com/ci_12995308


http://www.record-bee.com/ci_13002546

[Sean Malone]

New report from yesterday's trial.

http://lakeconews.com/content/view/9814/764/

Prosecution unexpectedly rests just before calling key witness, Sgt Deputy Russell Perdock driver of the speedboat.

Defense denied an acquittal request. prosecution tight lipped about key witness absence.

Good stuff!!

[Sean Malone]

Update: Last Friday the defense began it's case calling Dr. William Chilcott, a forensics engineer who specializes in small boat accident reconstruction. He disputed prosecution expert witness's. He was on the stand for much of the day.

We learn that the surprise absence of speed boat driver Deputy Russell Perdock was because he is under internal investigation by the sheriffs dept.


Following the lunch break at 1:30 p.m. the court held a 15-minute hearing on Haltom's request for Perdock's personnel file, based on an in-chambers discussion Thursday in which it was revealed that Perdock was the subject of an internal affairs investigation. For a full account of that hearing and the motions, see Defense attorney seeks sheriff's captain's personnel file. Link (http://lakeconews.com/content/view/9832/764/)

After Dr Chilcott the defense called sail boat owner Mark Weber (long time boyfriend of the deceased) to the stand who described the incident from his perspective and testified that the sail boat lights were on.

The trial resumes today where they are expected to finish the cross examination of Weber. The defense wants Perdock on the stand and the judge suggested scheduling him today at 11:00am. We'll see if he shows and if he does show...will he simply plead the 5th to every thing.

It keeps getting more and more interesting!

http://lakeconews.com/content/view/9833/764/

[Sean Malone]

I missed posting some very interesting days in the trial, but yesterday was closing arguments.
http://lakeconews.com/content/view/9974/764/

[Sean Malone]

The jury has reached a verdict! Gathering the attorneys as I type.

http://twitter.com/dannoyes

[Sean Malone]

Acquitted! Woot!:thumbup:

[pchall]

Ya, but you live in Ohio :D

Ohio cops are shady and self-serving, too. I know too many stories to get started here... but I do resent how the donut eaters abuse their badges to violate laws, protect themselves and their buddies, and screw anybody who happens to get mixed up in one of their mistakes.

[dando]

Ohio cops are shady and self-serving, too. I know too many stories to get started here... but I do resent how the donut eaters abuse their badges to violate laws, protect themselves and their buddies, and screw anybody who happens to get mixed up in one of their mistakes.

Like the morons that were busted going 150mph on bikes just east of Cbus....one of which was on disability leave. :saywhat: :mad: :shakehead

-Kevin

[oddlycalm]

Great journalism on the part of the Lake County News. :thumbup:

oc

[grungex]

http://lakeconews.com/content/view/9983/764/

When are they going to put the a-hole cop on trial?

[oddlycalm]

http://lakeconews.com/content/view/9983/764/

When are they going to put the a-hole cop on trial?

This is pretty heavy stuff for Lake County. They need a new sheriff and a new prosecutor come election time and a house cleaning in both offices. To protect and serve doesn't mean protect your buddy and serve yourself.

oc

[Methanolandbrats]

Anyone driving a boat that fast in the dark should be prosecuted for general stupidity.

[Sean Malone]

Anyone driving a boat that fast in the dark should be prosecuted for general stupidity.

A freakin' men!

[Boatdesigner]

Anyone driving a boat that fast in the dark should be prosecuted for general stupidity.

:thumbup:

[cameraman]

They can't prosecute the deputy because there is "no speed limit on the lake".

I find that hard to believe that there is no way they could come up with a charge of reckless something leading up to a deadly accident.:shakehead

[grungex]

They could, but he's a deputy, and thus can do no wrong. And people wonder why I hate cops. :flame: