(1) Deputy Perdock was operating his powerboat in what a reasonable man might deem an unsafe and reckless manner in conditions of limited visibility. IMHO, At the very least, he should have been cited for unsafe operation. Then again, there are no speed limits on large bodies of water, ouside of marked areas. I have no idea what the location on the lake was, or whether or not this lake posts maximum speeds. I suspect not. Lotsof ski boats for example, can top 60 mph! Of course, a prudent man reduces speed at night, but there's no law that says you have to.
(2) Dinius was legally intoxicated under present regulations. I doubt Perdock was given a breathalyzer or other BAL test, by his friends. (I predict the next DUI defense tactic will be to win the right for citizens to subject peace officers to the same sobriety tests they inflict. Bemighty interesting)
(3) A passenger on Dinius sailboat is dead. Captain is responsible. Blame, guilt, faulty, etc. is another matter. At sea, the captain is the captain, drunk is drunk, and dead is dead.
In a just world, Both Dinius and Perdock would be punished for the person's death. Some Solomon other than myself would decide who bears what part of the blame they both share, because share it they do. Me? I'd say it's about 90-10 the Sheriff department's fault. However, my views are not part of martitime law.
Drifting: If Dinius was indeed drifting, we have to know where. If he were drifting through a marked channel, and had no control over his vessel, he should have anchored before he entered the channel. If he had no control over his vessel outside of a marked channel, he is still responsible for the boat's movements. In general, having one's sails up doesn't mean you are free to become a hazard to navigation. Because he was intoxicated, legally speaking, the law says he was impaired, i.e., if not physically, in judgement. Sorry. Right now, the law is a ass about alcohol.
Witnesses say Dinius' running lights were on. Even if they were not on, more on Dinius, less on Perdock.
Very broadly speaking, and please do not slice my mooring pennant, but sailboat operators under sail alone are wrong to assume they have the right of way over powered vessels in all circumstances. They simply do not.
But if it makes my fellow sailors feel better, if Dinius goes to trial and he is found guilty of anything more than operating his vessel while intoxicated, and Perdock is not charged with anything, I will personally track down the SOB stinkpotter, drag him from the bar where he hangs out, and hang him from the spreaders of a Crocker cutter presently under restoration, and use 10 other reckless powerboaters and jetskiers as chum. That will make me feel better, too, even if it doesn't shange the way the law works.