Not guilty verdicts in Lake County boating fatality

<p>A sailing enthusiast was acquitted Thursday of causing the death of a passenger on the sailboat he was steering when an off-duty deputy's speedboat slammed into it on Clear Lake.</p><p>“Thank God,” Bismarck Dinius, the Carmichael man accused of causing the accident, said by phone following the verdict.</p><p>The verdict brings to an end a highly controversial case that angered many in Lake County and the boating community nationwide. Many believe that Lake County Sheriff's Capt. Russell Perdock, who was driving the speedboat, should have been charged instead of Dinius.</p><p>Dinius, 41, was charged with boating under the influence; BUI while causing great bodily injury or death; and BUI with a blood alcohol level greater than .08. He initially had been charged with manslaughter, but the charge was dismissed just before the trial began in Lake County Superior Court.</p><p>Following seven hours of deliberations, the jury found Dinius not guilty of the first two counts. The jury was hung 11-1 in favor of acquittal on the third count, said District Attorney Jon Hopkins, who subsequently dismissed the charge.</p><p>The three-week trial centered on who was to blame for the April 29, 2006, collision that killed Willows resident Lynn Thornton, 51.</p><p>Hopkins alleged Dinius was 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>Dinius' blood alcohol level measured .12 three hours after the accident, well over the legal limit, according to testimony at trial. Dinius also admitted he had consumed alcohol that night.</p><p>Dinius' defense attorney, Victor Haltom, contended Russell Perdock was to blame because he was going too fast.</p><p>The speed at which Perdock's 24-foot Baja Outlaw was traveling was never determined. But various witnesses estimated it was traveling between 35 mph and 55 mph.</p><p>It hit the 27-foot sailboat Dinius was steering with enough force to launch it over the sailboat, shearing its mast.</p><p>There is no speed limit on Clear Lake, but navigation regulations require that boats travel at safe speeds.</p><p>Perdock testified he did not see the sailboat because its lights were off.</p><p>Several witnesses reported they saw no lights on the sailboat at the time of impact and initially thought the speedboat had collided with an island or some other object. Others said the sailboat had been illuminated shortly before the crash.</p><p>Experts on lightbulbs also offered conflicting opinions about whether the lights were on or off at the time of the impact.</p><p>Further complicating the case was the issue of who was in charge of the sailboat.</p><p>Haltom contended the sailboat's owner, who was operating the sails, was in charge of ensuring that the lights were on.</p><p>He contended navigation rules also point to Perdock as the cause of the crash. They place responsibility on speedboats for avoiding sailboats, which are not as maneuverable.</p><p>Haltom said the verdict proves what he contended before and during the trial: “Jon Hopkins prosecuted the wrong man.”</p><p>Hopkins said he stands by his decision.</p><p>“You can't walk away from a case just because it's tough. You can't allow someone to intimidate you by mounting a publicity campaign,” he said.</p><p>Hopkins said he's hoping the case has raised awareness about boating while drunk.</p><p>“We have a problem with alcohol and boating on Clear Lake. It needs to be made clear you're not to do this,” he said.</p><p>Dinius said he's relieved by the verdict but his emotions are mixed and he doesn't feel particularly victorious.</p><p>The prosecution cost him his job at Verizon, his retirement fund and about $250,000 in attorney fees, he said. Dinius also had expenses stemming from a related civil trial.</p><p>For now, he said he just needs to recuperate and regroup.</p><p>“I'm just very glad it's all over and I can get on with my life. The last three years have been a giant nightmare,” he said.</p>