Trial begins in deadly Clear Lake boating accident

<p>LAKEPORT — Trial began Tuesday in the controversial criminal case against a man who was at the helm of a sailboat on Clear Lake when an off-duty deputy’s speedboat slammed into it, killing a passenger.</p><p>The trial centers on who is to blame for the April 29, 2006 collision and the death of Willows resident Lynn Thornton, 51.</p><p>District Attorney Jon Hopkins alleges Bismarck Dinius is to blame because he was intoxicated and was steering the sailboat without running lights on a dark, nearly moonless night, rendering it invisible.</p><p>“It was a very dark night. Nobody sees what it (the speedboat) hit,” Hopkins told jurors during opening statements Tuesday morning.</p><p>Dinius is charged with boating under the influence, causing great bodily injury. A manslaughter charge was dismissed last week, but the case remains effectively the same. Three hours after the crash, his blood alcohol level measured .12, well over the legal limit of .08, Hopkins said.</p><p>Dinius’ defense attorney, Victor Haltom, contends the speedboat’s driver, Lake County Sheriff’s Chief Deputy Russell Perdock, is to blame because he was going too fast.</p><p>“The power boat is going so fast, it literally devours the sailboat,” he told jurors during his opening statement.</p><p>The speedboat, a 24-foot Baja Outlaw, hit the 27-foot sailboat with enough force to launch it over the sailboat, shearing its mast.</p><p>The speed of the boat is not known for certain but has been estimated at between 45 mph and 50 mph.</p><p>There is no speed limit on Clear Lake but a Sheriff’s boat patrol officer will testify that a safe speed on such a dark night is closer to 5 mph to 10 mph, Haltom said.</p><p>Perdock’s ex-wife will testify that Russell Perdock “has a need for speed” when he’s driving his speedboat, Haltom told the jury.</p><p>Haltom also will produce witnesses to cast doubt on the prosecution’s evidence indicating the sailboat’s running lights were off and that Perdock was sober.</p><p>The sailboat was left unattended for hours after the fatal crash, leaving open the possibility that someone could have tampered with the light switches, Haltom said.</p><p>Haltom also contended that Perdock’s blood sample — which tested negative for alcohol or drugs — was left in storage areas to which Perdock had access.</p><p>On Tuesday, conflicting accounts about the sailboat’s running lights were offered. Some witnesses said they saw the boat’s lights on an hour before the crash and that there would be no reasonable reason for them to be turned off later.</p><p>But other witnesses said that at the time of impact, they could not see the sailboat. Only the lights of the speedboat and the roar of its engine were apparent.</p><p>Two nearby fishermen at first thought the speedboat hit an island, then realized there was no island at that location, Hopkins said.</p><p>Dueling experts will be testifying later about the condition of the sailboat’s lights at the time of impact.</p><p>The case has raised eyebrows and ire among boaters across the country. Many believe that Perdock, not Dinius, is the one who should be prosecuted.</p><p>An investigative report made shortly after the crash by a Sacramento Sheriff’s officer laid partial blame on Dinius, Perdock and the boat’s owner, Mark Weber, who also was aboard the sailboat and had a blood alcohol level of .18. But he recommended only that Dinius and Weber be prosecuted.</p><p>Hopkins said Dinius was charged because he was at the helm, therefore in charge of the boat.</p><p>The trial continues Wednesday.</p>