A Baja uses a sailboat for a jump ramp

Firestar

Chief Petty Officer
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530
A Strange Case of Justice
By Bob Adriance

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 fianc?e 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.

If you think there?s a story here, you?re right. And the story is still unfolding.


Here's the whole story:

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

vess

Petty Officer 3rd Class
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Apr 15, 2007
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Re: A Baja uses a sailboat for a jump ramp

Wow- that is a powerful read. I am amazed by things like this, though it is hard to know what really happened in a case like this. At the least it appears there are many questions regarding how the case was handled by the Sheriff. Looks like the old boy's network keeps on chugging along. I am considering donating to this poor guy's defense fund because this story smacks of cover-up all over the place.
 

Firestar

Chief Petty Officer
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Messages
530
Re: A Baja uses a sailboat for a jump ramp

I here ya.
It smells real bad. If the good old boys are doing what logic says they are, they should all lose their jobs over it.
 

oops!

Supreme Mariner
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Oct 18, 2007
Messages
12,932
Re: A Baja uses a sailboat for a jump ramp

hmmmmmmm......

what do ya say about that......?

some how i dont think we have all the facts........

but it seems like the wrong person was charged.........50 mph on a lake at dark is just too fast to react
 

shorts&chanclas

Petty Officer 2nd Class
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Mar 27, 2008
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Re: A Baja uses a sailboat for a jump ramp

Talk about a breakdown in the chain of custody of physical evidence. Sad to hear the appearance of public servant(s) abusing thier position. Drunk is drunk...One got caught and one got away with it (thus far).
 

Limited-Time

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Re: A Baja uses a sailboat for a jump ramp

Something is rotten in Clear Lake.............:eek::eek::(:(:(
 

Ricky B

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Re: A Baja uses a sailboat for a jump ramp

Afternoon folks, just thought I'd post an update for you all about this tragedy that happened on Clear Lake three years ago, as the last post here was almost a year ago. I'm a member on a a very large sailing forum and we have been trying to help out Mr. Dinius as much as we can for the last 2 years or so. But sadly the (mis)trial of Mr. Bismarck Dinius began last week in California because unfortunately the D/A and head prosecutor did not drop the case like many of us were hoping, despite the obvious cover-up and bumbled investigation. So what we are now witnessing is an injustice on a scale I have not seen in years here. Nor even in the many foreign countries I've visited. In a nutshell, it's beyond insane.......but it has the chance of affecting each and everyone of us who enjoy nothing more than a day on the water in whatever craft we choose. Which is why I'm bumping this thread up.

So without boring you to tears I'd like to point you to a website that one of my fellow sailing pals started last month. It's has the whole story, pics, news reports, numerous other links, how the Lake County Sheriff's Office has violated more than one law etc etc. But maybe even more importantly there is a link to a bank account that has been accepting donations for some time to help pay for Mr. Dinius' attorney fees as Mr. Dinius has lost his job and has run up 10's of thousands in legal fees. Any little bit of change that you can send will help immensely. And if any of you would like even more information on this case, just send me an e-mail or p/m. This is a very important case that has major ramifications for all of us.

Thank you,

Ricky B

Irwin 52 Ketch (with 23 rods and reels on her). :D

http://justicefordinius.home.comcast...ck_Dinius.html
 

Ricky B

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Messages
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Re: A Baja uses a sailboat for a jump ramp

And here's a couple of pics of the accident, for those who haven't yet dug into the link I provided earlier. To summarize, the Baja slammed into and over the O'Day 27 from an angle of around 160 degrees behind the bow on her starboard quarter. To give you an idea of the speed of the Baja we know this------that after hitting the coach roof of Beats Working, it re-entered the water on port, missing the port lifelines completely. Most estimates from witnesses point to a speed in excess of 40 knots................


dinius5.png



dinius4.png



dinius2.png



Dinius.jpg



I'd like to reiterate to you that though I am new here, I am not a Pollyanna nor a whine ***** nor a power boat hater ( I've a few of them).......but just a guy that's spent his life on the water, enjoys sailing in the tropics with his wife and kids....and has a very big aversion to those that we entrust with power but who abuse it, such as Sheriff Perdock and his little team have.

Thanx again for your time,

RB
 

Home Cookin'

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Re: A Baja uses a sailboat for a jump ramp

what was the status of the sailboat's lights at the time?
 

WAVENBYE2

Lieutenant Commander
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Re: A Baja uses a sailboat for a jump ramp

We just had a similar insadent happen here about a month ago, Wife was killed instantly, Bass boat broadsided and jumped over a pontoon with three on board, He had been drinking, DUI and arrested for manslaughter, Happens all the time on L.B.L
 

Ricky B

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Re: A Baja uses a sailboat for a jump ramp

what was the status of the sailboat's lights at the time?


Sounds like they were on, though the breakers were tripped. Or turned off during the course of the night when the sailboat was left unattended. The D/A (Hopkins) has one expert that is going to say forensically that the bulbs were not on. But Mr. Haltom (Bismarck's attorney) has his own expert that will swear that they were on. I believe he goes on the stand tomorrow, so it's going to get interesting.


Here's a note about today's proceedings that we just got from one of the reporters/observers who has been sitting in the court room since the trial began---please excuse her writing skills and sense of humor....:D

14 min ago

On today's Soap Opera of "As the DA Turns"
We need to set the mood with some Music..
ZZ Top's "SHARP DRESSED MAN"
No, you ding dongs, it wasn't Hopkins! It was HALTOM! Nice! Silver Tie, Dark Gray Suit, with a Fancy White Shirt with Cuffs and Gorgeous Cuff Links. Now, that's how a Professional should dress!

We started off the Day with Hopkins wasting a BIG Chunk of the Tax Payers Money by flying in Richard Snider from Wisconsin, who is a Boat Engine Developer for Mercury Boat Motors. They talked about the Propeller Marks in the Sail Mast made by the Outlaw, estimated the speed of the outlaw at Min 40 mph. Confirmed that Shore Lights can be confused with the Stern Light, And.. Haltom asked Mr. Snider if he knew Mr. Chilcott, he replied YES! and went on to rave about how he is a Pioneer in his field, and what a Wonderful and respected guy he is. WHOOPS.. as Chilcott is going to testify that the Lights on the Sailboat were ON, and Hopkins plan was to attempt to make Chilcott look like an Idiot by having a DOJ flunky testify the Lights were Off... Once Again, a Prosecution Witness that helps the Defense! So, Maybe it wasn't a waste of the Tax Payers Money, maybe Hopkins was just showing the love to Haltom and helping out the Defense!

Then we had Carl Stabaugh back on the stand. That was embarrassing. The Gist of it was that Carl was Spoon Fed the details of the accident by Perdock and Ostini. The only person he personally Interviewed was Perdock, and he did talk to the Elmer's by phone. Perdock was the one who pointed out the location of the accident. He stated he had no training in guaging distances, so went by witness statements and Perdocks Word. When asked why he wasn't more of a "Hands On" Investigator we got the following quotes...
"I was Hindered by Time Constraints"
"It was Lake County's Investigation"
"I had to trust these Officers"
(some were stated in previous depositions)
He stated he estimated Perdocks Speed at 45-55 mph
but did his final calculations based on 40 mph.
And said it was hard to see things the following night going 25 mph. Oh, And that he knows nothing about Sailboats, and never before done an Investigation involving a Sailboat.
Stabaughs Face was getting pretty red by the end of his testimony.

Looks like Perdock will be on the Stand Thursday.

Then late in the Afternoon, we had a Guest Appearance made by Ms. Turner

Stay Tuned for Tomarrows Fashion Report, and more Drama from as "The DA Turns"


 

pinecrestwoods

Petty Officer 2nd Class
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Re: A Baja uses a sailboat for a jump ramp

what was the status of the sailboat's lights at the time?

While a key issue, I'm sure that's nothing more than one guy's word vs. the other guy's word, and it's pretty clear whose word is being heard.

I would think, though, that you're gonna hear that Baja from quite a distance, and as it's growing louder, you make darn sure that you're visible, so it doesn't, say.... HIT YOU!!! I'm not taking sides, I'm just saying that most reasonable people have lights going. Plus, if you're on a boat full of people, you're probably talking to each other, so you probably would have some light so you can at least see who you're talking to... otherwise, that's just kinda weird. ;)
 

Ricky B

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Re: A Baja uses a sailboat for a jump ramp

While a key issue, I'm sure that's nothing more than one guy's word vs. the other guy's word, and it's pretty clear whose word is being heard.

I would think, though, that you're gonna hear that Baja from quite a distance, and as it's growing louder, you make darn sure that you're visible, so it doesn't, say.... HIT YOU!!! I'm not taking sides, I'm just saying that most reasonable people have lights going. Plus, if you're on a boat full of people, you're probably talking to each other, so you probably would have some light so you can at least see who you're talking to... otherwise, that's just kinda weird. ;)


In a nutshell, here's what happened;

1). Many people/witnesses have sworn that Beats Working's nav lights were on that night.

2). Perdock was moving along at 40+ (which is what he originally told everyone after the collision). He got very close to some fishermen in a boat who shined a spot light at him.

3). Perdock changed course maybe 10--15 degrees so as not to hit the fishermen.

4). And a few seconds later he slammed into the sailboat, woundiing four and killing Ms.Thornton.

Just amazing..........
 

lowkee

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Re: A Baja uses a sailboat for a jump ramp

These stories make me ill, plain and simple. These are the people we allow to rule over us.
 

OldePharte

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Messages
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Re: A Baja uses a sailboat for a jump ramp

Mr. Dinius was found not guilty. Excerpt from Boat/US - "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 BoatUS Marine Insurance program.

This past August, after seven hours of deliberation, a 12-member Lake County, California jury found Bismarck Dinius not guilty of felony boating under the influence causing great bodily injury."
 

coastalcruiser

Chief Petty Officer
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Messages
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Re: A Baja uses a sailboat for a jump ramp

ohh come on! who does 40 mph in the dark???:confused:
give me a break! those poor people in the sailboat were just minding their own business, I cant get over this totally outrageous. :mad:
 

Thad

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Messages
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Re: A Baja uses a sailboat for a jump ramp

That is insane. Why are there charges against the "#2" man?
Wow, I am at a loss for words. Dumfounded!
I am glad justice prevailed in the end. But what about that poor guy. Fiance dies, boat is lost, and then CHARGED for the entire incident.

I do have a question though, it may or may not pertain. If, during the day, I, in a large power boat, have to yeild passage to a sailing vessel, why would that not be the case at night? I understand the fact it was moonless and dark. But I am still responsible for my boat and actions. I would think that I would be the FIRST person looked at for such an act.
To fast for conditions, unaware of my surroundings, and oh, forget it! My head hurts now.
 

coastalcruiser

Chief Petty Officer
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Messages
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Re: A Baja uses a sailboat for a jump ramp

Rules of the Road Canadian Safe Boating Course
As a general rule, rowboats, sailing vessels and canoes have the right-of-way over power- driven boats. However, if one vessel is unable to maneuver as it normally would, the most maneuverable vessel gives way.

Time for the real trial
Author: From staff reports
Date: August 26, 2009
Publication: Lake County Record Bee (Lakeport, CA)

By Don Scott

Now that the show trial of an innocent man has ended in the exoneration of the victim Bismarck Dinius, it is time to have the real trial for the death of Lynn Thornton. Her death should not, and can not be simply swept under the rug. It is time for Deputy Sheriff Perdock to stand trial for her death, since he is the person responsible for killing her. It appears that the District Attorney Hopkins may be an accessory after the fact in her death as well, and could face charges
 

skargo

Banned
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Re: A Baja uses a sailboat for a jump ramp

Is that blood on the bow of the Baja? :eek:

Dirty cops are the WORST!
 

HappierWet

Master Chief Petty Officer
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Sep 11, 2008
Messages
839
Re: A Baja uses a sailboat for a jump ramp

I believe it's less about rules of the road than about abuse of power and position. The state attorney general or whatever equivalent they have in california should be investigating this atrocity the same as the AG in North Carolina investigated the DA involved in the Duke U rape case.:mad:
I'm going to stop now before I get to ranting.
 
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