Man to stand trial in boating death

<p>A Carmichael man was ordered Wednesday to stand trial on vehicular manslaughter charges for the death of a passenger on the sailboat he was steering when a Lake County deputy's speedboat slammed into it on Clear Lake on April 29, 2006.</p><p>A judge ruled Wednesday in Lakeport that prosecutors presented enough evidence to conclude that Bismarck Dinius could have been primarily responsible for the collision because he was operating the boat while under the influence of alcohol and failed to ensure the sailboat's lights were turned on at night.</p><p>Lake County Superior Court Judge Richard Martin also concluded that the driver of the powerboat, Lake County Sheriff's Chief Deputy Russell Perdock, likely could have averted the crash had the sailboat's lights been on that dark, nearly moonless night.</p><p>If convicted of felony manslaughter and boating under the influence, Dinius could face a maximum penalty of four years in prison, Deputy District Attorney John Langan said.</p><p>Dinius said he was surprised and disappointed by Martin's ruling. But he said he remained optimistic and vowed he would not let the ruling spoil his wedding and honeymoon later this month.</p><p>"I can't imagine the facts in this case, presented to a jury, would convict me," he said.</p><p>The case has been controversial because only Dinius was charged with a crime, though Perdock's boat was, by most accounts, traveling too fast for the conditions. Perdock testified Wednesday he could not have seen an unlighted object more than 10 feet away.</p><p>He said he did not see the sailboat, which was moving slowly with sails raised, until just before impact.</p><p>Perdock's powerboat, a Baja Outlaw, plowed into the back of the sailboat at about 40 mph to 45 mph, launching it over the sailboat and shearing the mast.</p><p>Lynn Thornton, 51, was injured and died the next day.</p><p>Dinius' attorney, Victor Haltom, has contended Perdock was to blame for her death, not his client.</p><p>"His speed is the cause of the death. He was flying," he said.</p><p>Some witness accounts put Perdock's speed at more than 50 mph, Haltom noted.</p><p>There is no posted speed limit on Clear Lake, but boaters are required to travel at safe speeds.</p><p>While the speed of the powerboat contributed to the crash, Perdock could have avoided the collision had he been able to see the sailboat, Langan said.</p><p>"We are here because the defendant was intoxicated," he said, noting Dinius' blood-alcohol level was 0.12. The legal limit is 0.08.</p><p>Haltom also has contended the sailboat running lights were on. He presented evidence from a lighting expert who said some of the boat's lights were on when the boats collided, based on an examination of the filaments.</p><p>A state Department of Justice light expert, however, testified otherwise.</p><p>Haltom also presented a witness who saw lights on the sailboat, but that was two hours before the crash. Nine witnesses to the crash, including two nearby fishermen, said they had not seen the sailboat and did not know it was there until after the collision.</p><p>Martin, the prosecutor, compared the situation to someone parking their car on a highway at night without their lights on.</p><p>"It's pretty foreseeable there would be a collision and someone could get hurt," he said.</p><p>You can reach Staff Writer Glenda Anderson at 462-6473</p><p>or glenda.anderson@</p><p>pressdemocrat.com.</p>