Posted on 06/28/2008 10:20:32 PM PDT by troy McClure
Prosecutors still insist that the person with his hand on the tiller of a drifting sailboat was at fault for being hit by a speeding powerboat in the dead of night.
The preliminary hearing on vehicular manslaughter charges against Bismarck Dinius, 39, of Carmichael, was held yesterday and will continue today in Lakeport in Lake County. The charges were filed as a result of the death of Lynn Thornton, 51, who was killed on the O'Day 28 Beats Workin' II on the windless night of April 29, 2006, on Clear Lake. Dinius happened to be sitting at the helmsman's position of the sailboat at the time Thornton suffered the injuries that would kill her.
We think that Dinius to defend himself on these charges is a travesty of justice, as what really caused Thornton's death is Russell Perdock of Lake County slamming his appropriately named Baja Outlaw 24-ft powerboat into Beats Workin' II at 40 mph or more. Why hasn't Perdock been charged? There can only be one explanation in our mind — he's the number two man at the Lake County Sheriff's Department, and law enforcement up there, based on this case, appears to be corrupt as hell.
(Excerpt) Read more at latitude38.com ...
All our hit boat are belong to us.
"Several witnesses on shore, including a retired law enforcement officer, said the running lights were on. Tellingly, these witnesses had to be forced upon law enforcement officials, who had said they didn't need any more testimony. Furthermore, William Chilcott, a marine safety scientist, has testified that Beats Workin' II's running lights had been on and went off at the instant of impact."
Seems like the cops don't necessarily want to know the truth. Typical corrupt LEA trying to cover up for one of their own.
Lying about it is more likely the case in an attempt to avoid prosecuting the real criminal.
It's not a right-of-way issue if the boat was invisible in the dark. Lights are also required.
Some people think hey I'm on the water not asphalt so it's safe. I've nearly been ran over by a cruise ship before in severe fog. Thanks to the good Lord and the cruise ships electronics it was a miss although the ship was in the channel moving at a good speed. When you're on a 50 footer Utility Boat and are close enough to suddenly see inside the passenger cabins and the people in them that's too darn close.
absolutely correct. the speed boat should yield to the sail boat. Both boats should have had their running lights on since it was dark.
There are conflicting reports about whether or not Beats Workin’ II had her running lights on. Several witnesses on shore, including a retired law enforcement officer, said the running lights were on.
I know.
At Havasu I stay well away from the sailboat on that lake!
And At nite with the lights on I would never dream of doing 40mph!
Could be.
National and International law requires the right of way be given to the least maneuverable vessel.
First, that is not always the case. RULE 9, Narrow Channels. Huck Finn's raft, whether floating down the Mississippi or the Delaware; while less maneuverable, does not have the right of way.
Second, location matters. Not enough information in the story to make an educated guess. Where did the mishap take place? International, Inland, Western Rivers, or State waters. A whole string of 72 COLREGS Steering and Sailing Rules are in play with this incident. A good maritime attorney will know.
Given a loss of life occurred and a law enforcement agency is involved; the nearest USCG unit should be called to conduct an independent investigation.
Cheers,
OLA
Then we had the old lady. She drives an old buick, and can't see. So she, and I ain't kidding, drives down the road with her head hanging out the window real slow so she can see the lines on the road. Gawd help you if you get behind her. 20 mph in a winding no pass zone for 1/2 the lake front. But she's the mom of one of the city council, so it was overlooked. On the trip, we pulled into the only eating place open after 8PM (locals are in the bar or at home with a 12 pack by 8-specially if they have a couple DUI's to contend with), Pirate Cove Pizza in Upper Lake (population 600 hillbilly drunks). We're sitting there eating when in walks a guy who evidently showered during the Carter administration, just filthy dirty, in torn overalls with pee stains, who burps loudly and yells out to his friends in the back of the room playing pool and drinking "WELL, I GOT RID OF THE OLD LADY." Now, is she dead at the bottom of the lake, or did she just move to Ukiah? We don't know. My BH looked at me and said, "we've gotta get out of here before these retards start playing banjo and making pig sounds *insert Deliverance theme song*".
One of the town doctors has been accused over and over for illegally prescribing "diet pills" and assorted other items. It was fairly common knowledge up there. He ever get charged? Nope. Just can't prescribe medicine for a couple of months a year. I won't even MENTION the conditions at the Indian reservations at the government housing tracks. eeesssshhh.
This is the Appalachian district of California. And this story doesn't surprise me at all. For a place who's known for the world famous "bar stool races", the good old boy network is alive and well. But if you want to FISH, that's the place to go.
They likely were. If the sail boat wasn't moving though only a stern light is required last I recall. Bow lights mean underway and direction of travel. Anyone who's ran at night much knows about optical illusions and the difficulty of establishing distances vs lights. The slower you're going the more reaction time. Fishermen with lanterns hanging off the side of a boat can really mess you up too. But it all dependends on how much light you have such as the moon phase etc as well. I've been in old 14 foot aluminum V hulls with a 7.5 HP on some nights I wouldn't open up.
I don’t see where it say they were in a narrow channel.
Well that was an interesting tour of some place I’ll make it a point to miss if I’m ever in that time zone!
where is it?
huh?
like, in a state?
Greetings NoLibZone
I don’t either. My point being, because of Rule 9, the LEAST maneuverable vessel DOES NOT ALWAYS have the right of way.
There is not enough information in the article for me to determine the navigation rules jurisdiction.
Cheers,
OLA
I would venture to suggest that most 5 year olds could have better written this report. When you have to stop and work at discerning what an author is at trying to relay, it leaves much to be desired:
"Tellingly, these witnesses had to be forced upon law enforcement officials, who had said they didn't need any more testimony
"Late on Tuesday afternoon, the I-Team learned that, just this past Sunday, a sergeant came forward to say he'd been instructed on shore the night of the accident not to give a breath test to Russell Perdock."
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.