Defense blames deputy in boat crash

The speed at which Lake County Chief Deputy Russell Perdock was piloting his power boat was the principal cause of a fatal 2006 collision on Clear Lake, according to an expert witness testifying in defense of a Carmichael man charged with manslaughter for the boating death.

"He (Perdock) could have averted the accident" by driving slower on that dark night, Wes Dodd, a marine accident investigator, testified during the third day of a preliminary hearing for Bismarck Dinius. The hearing, which will determine whether there is enough evidence to take the case to trial, will continue June 10.

Dinius is charged with felony vehicular manslaughter and operating a boat under the influence of alcohol in connection with the April 29, 2006, crash involving Perdock's speedboat and the sailboat Dinius was steering.

Lynn Thornton, 51, of Willows was mortally injured when the power boat, a Baja Outlaw, plowed into the back of the sailboat at an estimated speed of 40 mph to 45 mph. She died the next day.

The case has drawn widespread attention -- and criticism -- because Dinius was charged with manslaughter and Perdock was not criminally charged.

The case against Dinius is intended "to deflect attention away from Perdock," said Dinius' Sacramento criminal defense attorney, Victor Haltom.

District Attorney Jon Hopkins countered that it is Haltom who is trying to deflect guilt.

"It's purely a distraction technique," he said of efforts to pin blame on Perdock.

Dinius is at fault because the crash primarily was caused by the sailboat's lack of illumination, prosecutors said.

"I know if there had been any lights on that sailboat I would have seen it and avoided it," Perdock told a Sacramento investigator in a 2006 report.

Dinius and the sailboat owner, Mark Weber, had alcohol levels well above the legal limit and failed to adequately keep a lookout for other boats, investigators said.

Dinius is being charged because he was at the helm and only one person in a vehicle can be held responsible for its operation, Hopkins said.

The prosecution's case against Dinius hinges on whether or not the sailboat lights were on when Perdock's boat rammed it with enough force to launch the power boat over the sailboat, severing its mast.

Investigators for the prosecution said witnesses watching the lights from the power boat as it hit the sailboat did not see lights on the sailboat.

At least two people said they realized there had been a collision only after they heard the boaters calling for help, according to investigators' reports.

Investigators also reported that the switches controlling the light in the front and sides of the boat were in the off position following the crash.

But passengers aboard the sailboat say the lights in the cabin were on, and Weber told investigators he was certain he'd turned on the running lights and left them on.

However, a crucial light for avoiding the collision would have been in the stern, or rear, of the 27-foot sailboat.

A Department of Justice examination of the light bulb determined it was off at the time of the impact. But a private lighting expert, William Chilcott, testified Thursday he's sure both that light and a light at the front of the boat were on.

He said the filament in the light bulb had a bend in it, indicating it had been hot -- thus lighted -- just before it was fractured by the impact.

Deputy District Attorney John Langan, who is prosecuting the case, noted that the switch to that light was off, but Chilcott was undaunted.

"I would have no confidence in those switches," he said. The toggle switches could easily have been bumped or inadvertently moved, Chilcott said.

Hopkins is skeptical of Chilcott's conclusions.

"Why didn't anyone see (the sailboat) if the light was on?" Hopkins said.

Hopkins is aware there has been criticism of the case. It has included allegations of mishandling of blood samples taken following the accident.

It is one of the reasons Hopkins asked the Attorney General's Office to review the investigative reports. The office found no flaws.

Hopkins said he did not file charges against Perdock because whatever culpability Perdock might have did not rise to the level of criminal negligence.

"If we were convinced there was criminal negligence on Perdock's part, we would file it," Hopkins said, noting he's filed charges against four other law enforcement officers in the past two years.

Perdock is being sued in civil court, where the burden of proof is lower.

Lynn Thornton's family filed a wrongful-death lawsuit that includes Perdock and one of his passengers and Weber and Dinius. The defendants in that case have filed cross-complaints against various parties, said Dinius' attorney in the civil case, Luke Olts.

"It's a mess," he said Friday.

Dinius' lawsuit includes a complaint against Perdock for his crash-related injuries. Perdock is suing Dinius for causing him physical and emotional distress, Olts said.

He said most of the parties are negotiating potential settlements.

"Things are progressing," Olts said. "But with all the parties involved, it's like herding cats."

You can reach Staff Writer Glenda Anderson at 462-6473 or glenda.anderson@pressdemocrat.com.