Lawsuit accuses Lake County officials of fabricating evidence in boating death

<p>A man acquitted of causing the death of a passenger on the sailboat he was steering when a sheriff deputy's speedboat slammed into it on Clear Lake has filed a $1 million federal lawsuit against Lake County.</p><p>Carmichael resident Bismarck Dinius accused Lake County officials of civil rights violations, slander, corruption and malicious prosecution in his lawsuit, filed Tuesday in U.S. District Court in San Francisco.</p><p>The lawsuit claims law officials conspired or helped each other to deliberately conceal and fabricate evidence. It names at least 10 law officials, including Lake County District Attorney Jon Hopkins and Sheriff Rod Mitchell, the county, the Sacramento official who assisted with the investigation of the fatal crash and former Lake County Chief Deputy Russell Perdock, the speedboat's driver.</p><p>“This case arises principally from the unconstitutional, corrupt efforts ... to cause the plaintiff's prosecution for a homicide he did not cause or commit,” the lawsuit states.</p><p>Lake County Counsel Anita Grant said she cannot comment on the lawsuit, which had not been served on county officials as of Thursday. Hopkins also declined comment and Mitchell could not be reached.</p><p>The lawsuit stems from the 2006 fatal Clear Lake boating collision that killed Willows resident Lynn Thornton, 51.</p><p>Dinius was steering a 27-foot sailboat on a dark, nearly moonless night when Perdock's 24-foot Baja Outlaw speedboat crashed into it from behind. Perdock, who was off duty, was driving at speeds estimated at between 35 mph and 55 mph, witnesses testified.</p><p>The power boat hit the sailboat with enough force to launch it over the boat, shearing its mast and fatally injuring Thornton.</p><p>But only Dinius was charged. Charges filed against him initially included manslaughter, but were reduced before trial to boating under the influence; causing great bodily injury or death while under the influence; and boating with a blood-alcohol level greater than .08.</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>A jury last year found Dinius not guilty of the first two counts. The jury was hung 11-1 in favor of acquittal on the third count. Hopkins then dismissed the last charge.</p><p>Dinius and his attorney claimed from the beginning that he was wrongly accused, a contention widely shared by the public.</p><p>Many people were angry that Perdock was not charged, contending he was boating at unsafe speeds in the dark.</p><p>Clear Lake has no speed limit, but navigation regulations require that boats travel at safe speeds.</p><p>Hopkins filed charges against Dinius, saying he was primarily to blame for the crash because he was intoxicated and was steering the sailboat without running lights, rendering it invisible in the dark.</p><p>Perdock testified he did not see the sailboat because its lights were turned off, an issue debated at length during the trial. Some witnesses said they'd seen lights on the sailboat earlier in the evening, while others said they could not see the sailboat just before impact.</p><p>The defense also questioned the handling of blood samples and claimed that testimony from witnesses who would have testified on Dinius' behalf were ignored.</p><p>Dinius' prosecution triggered widespread criticism of Lake County law officials. It's widely believed to be a primary reason Hopkins was soundly defeated in the June election. Sheriff Rod Mitchell narrowly made the November runoff after 16 years of holding office unopposed.</p><p>Dinius' lawsuit is seeking both actual and punitive damages. He has claimed the prosecution cost him his job at Verizon, his retirement fund and about $300,000 in attorney fees.</p>