Judge denies motion to reduce felony charges against Dinius

Lake County Superior Court Judge Richard Martin denied a motion Friday to reduce felony charges against Carmichael resident Bismarck Dinius in connection with a fatal boat crash nearly three years ago on Clear ... Full Story
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Red

United States

#1 Feb 20, 2009
Well, whatever you think about the facts of this case and what the DA should have done , it is clear that Haltom is in way, way over his head. Maybe he should read Penal Code section 17; this is not exactly an obscure point of procedure.
duh

United States

#2 Feb 20, 2009
dinius has a dumb dumb lawyer. Big mistake. Good lawyer would have done this differently and case would be done by now. Lawyer trying to drag out 15 minutes of fame.
frustrated parent

Sunnyvale, CA

#3 Feb 20, 2009
There are things that happen in this world which are tragic and this appears to be one on them. It is unforturnate that people are trying to make their name off of this. Make a deal Hopkins!!!!! You need not blemish our county any more. Your statement "nooooooooooooo", will ecko from Konocti to Walker ridge for years Let this thing die on the vine.

Russ is a good guy and I am sure the other parties invovled in this tragic incident would be charactorized the same way. It's time to let this thing go.

Those of you who beleive that there is a great conspiracy can go and continue looking for big foot,therest of us need to get back to work!!!!!
Thanks

Walnut Creek, CA

#4 Feb 20, 2009
I agree and i for one am disgraced by our legal system navigating like Helen Keller feeling us up and down like a sail in a storm. Thank you for your post.
frustrated parent wrote:
There are things that happen in this world which are tragic and this appears to be one on them. It is unforturnate that people are trying to make their name off of this. Make a deal Hopkins!!!!! You need not blemish our county any more. Your statement "nooooooooooooo", will ecko from Konocti to Walker ridge for years Let this thing die on the vine.
Russ is a good guy and I am sure the other parties invovled in this tragic incident would be charactorized the same way. It's time to let this thing go.
Those of you who beleive that there is a great conspiracy can go and continue looking for big foot,therest of us need to get back to work!!!!!
Repeat 2x

San Jose, CA

#5 Feb 21, 2009
Helen Keller had common sense. Only in Lake County can a man drive reckless in the night, kill Lynn Thornton and not be held accountible.
No deal, drop all charges, when election time rolls around remember who you want to replace.
Simon

United States

#6 Feb 21, 2009
Most everyone I have spoken to in this community is outraged at the actions of the DA regarding this case.
These charges never should have been brought forth against one and not the other, who incidentally (the other) caused this accident and death. Remember folks, once more, a Sailboat has the right away in the water, just as a pedestrian does on the roadway.
I will for certain remember this case come election time and I pray we elect a new DA.
YellowTrike

Clearlake, CA

#7 Feb 21, 2009
Simon - you obviously were talking with a select few in this county.

I hope this gets to a jury - then we will see a verdict in a court of law - not in the court of public opinion.

The sailboat was a fault. The operator of the sailboat was still DUI.
Simon

United States

#8 Feb 21, 2009
YellowTrike, We agree, We can't wait for a jury to determine the fate of this case in a court of law.
However, everyone is entitled to their opinion where ever they chose to express or post one.
Regarding the select few that I have spoken to, that is simply a narrow minded assumption and not true. Many in this communite are at odds with the case.
Concerning the court date, "BRING IT ON" !!!
Simon

United States

#9 Feb 21, 2009
Correction: Community, my finger slipped...
Accountibility

Demotte, IN

#10 Feb 21, 2009
Can you expect Accountibilty from the
Lake County Government?
Look at the news articles over just the past year.
AGREED

United States

#11 Feb 21, 2009
Simon wrote:
Most everyone I have spoken to in this community is outraged at the actions of the DA regarding this case.
These charges never should have been brought forth against one and not the other, who incidentally (the other) caused this accident and death. Remember folks, once more, a Sailboat has the right away in the water, just as a pedestrian does on the roadway.
I will for certain remember this case come election time and I pray we elect a new DA.
This community IS outraged!! This "justice" (????) system is a travesty. Mr. Perdock is NOT being held accountable for his blatant disregard for the law, and the DA must be deaf, dumb and blind!!!
Repeat 2x

San Jose, CA

#12 Feb 21, 2009
from the Thornton family

Naturally we are very familar with the details of this case in the light our awareness of the relevant facts, we are appalled that Mr. Dinius is being criminally prosecuted for supposeably causing my sister's death. We are convinced beyond any doubt that Russell Perdock, and only Russell Perdock is responsible for Lynn's death and should be facin criminal prosecution. My sister was a member of the law enforcement community for her entire career and I can tell you she would be outraged that Bismarck Dinius is being charged in this case while Russell Perdock goes free, seemingly protected by his fellow law enforcement officals in Lake County. This is not the kind of "justice" that Lynn worked so hard to uphold in the State of California. Plain and simple, the case against Dinius is a travesty.
You did not speak to me

Kelseyville, CA

#13 Feb 21, 2009
Yes, these charges should have been brought forth. And the media should have been responsible to report ALL of the truth from the start. A sailboat can only have the right of way if you can see it. If you want the right of way, light your boat!! A pedestrian would have the right of way only if they don't get so drunk that they step out in front of your car in the dark. They would still be dead and you would not be charged.
While the media reports that there are nine witnesses who saw lights on the sailboat (Dan Noyes), they were not eye witnesses to the collision. They either saw the boat leave the dock with lights on, or they are saying that the cabin lights were on. Which, if you have seen the pictures of the sailboat, would probably not be visable, as the windows of the sailboat cabin were tinted almost black.
I was at the preliminary hearing and even the people on the sailboat "don't know" whether the RUNNING lights were on at the time of the collision. The only one who claims that the RUNNING lights (which by the way are what is required by law), were on is Mark Weber, who is the owner of the sailboat. And his blood alcohol TWO HOURS AFTER THE COLLISION, was .18%. There were, however, nine eyewitnesses to the actual collision who say they saw no lights, what so ever, on the sailboat at the time of the crash. They just saw Perdock's boat hit something and they had no idea until shortly thereafter, what he hit. Any of the facts I have stated are verifiable by the media. And certainly court documentation. Ask someone!!!
As I have said all along, a jury will decide, after hearing ALL of the evidence.
Simon wrote:
Most everyone I have spoken to in this community is outraged at the actions of the DA regarding this case.
These charges never should have been brought forth against one and not the other, who incidentally (the other) caused this accident and death. Remember folks, once more, a Sailboat has the right away in the water, just as a pedestrian does on the roadway.
I will for certain remember this case come election time and I pray we elect a new DA.
what is going on here

United States

#14 Feb 21, 2009
It's my understanding that the judge said a motion to reduce felony charges to misdemeanor charges could only be made at the preliminary hearing or at sentencing, after a possible conviction. It's further my understanding that the defense did make a motion to reduce the felony charges to misdemeanor charges at the preliminary hearing, but that the prosecutor asked the court to hold off on reducing the charges at that time, and that the judge acknowledged that this might be an appropriate case for reducing charges, but declined to do so at the time, in light of a lack of information about Dinius' background and a lack of information from Lynn Thornton's family about their views concerning the case. Then, after the preliminary hearing, Lynn Thornton's family contacted the defense, and wrote letters saying the wrong person has been charged. Do their views matter? How could their views have been presented by the defense until they contacted the defense and provided those views? The lady who was there in court yesterday to speak on behalf of Lynn Thornton, the lady who was interviewed on ABC news yesterday, said she and Lynn Thornton's family could not come forward until now, because they were involved in the civil case. In that civil case, Perdock's insurance company paid out the maximum possible amount. Most of Perdock's insurance money went to Lynn Thornton's estate. But also, some of Perdock's money was paid to Dinius, who was injured when Perdock slammed into the sailboat. Is the right person charged in this case?
Correction

Kelseyville, CA

#15 Feb 21, 2009
Dinius' insurance paid out the same amount, exactly, as Perdock's insurance. And Weber's insurance paid $100,000.00 also. The sad part was that Walker's insurance paid $100,000.00 as well, when he was merely a passenger on the power boat. Why didn't Dotti and Dominguez have to pay? They were merely passengers as well.
In my opinion, Dinius held up settlement of the civil case until he got something becuase he thought that would make Perdock look guilty in the public eye. Weber did the same. Also, in my opinion, they stole money from Lynn Thornton's son.
what is going on here wrote:
It's my understanding that the judge said a motion to reduce felony charges to misdemeanor charges could only be made at the preliminary hearing or at sentencing, after a possible conviction. It's further my understanding that the defense did make a motion to reduce the felony charges to misdemeanor charges at the preliminary hearing, but that the prosecutor asked the court to hold off on reducing the charges at that time, and that the judge acknowledged that this might be an appropriate case for reducing charges, but declined to do so at the time, in light of a lack of information about Dinius' background and a lack of information from Lynn Thornton's family about their views concerning the case. Then, after the preliminary hearing, Lynn Thornton's family contacted the defense, and wrote letters saying the wrong person has been charged. Do their views matter? How could their views have been presented by the defense until they contacted the defense and provided those views? The lady who was there in court yesterday to speak on behalf of Lynn Thornton, the lady who was interviewed on ABC news yesterday, said she and Lynn Thornton's family could not come forward until now, because they were involved in the civil case. In that civil case, Perdock's insurance company paid out the maximum possible amount. Most of Perdock's insurance money went to Lynn Thornton's estate. But also, some of Perdock's money was paid to Dinius, who was injured when Perdock slammed into the sailboat. Is the right person charged in this case?
Simon

United States

#16 Feb 21, 2009
It's all nothing more than the Good Old Boy network doing it's official job as usual here in beautiful Lake County covering their Bud's Butts. Where other important crimes are never solved some are simply created to waste tax payers money. This being one of them. The wrong man was charged and Perdock got away with woman/slaughter....It's all wrapped up in my mind. Geeee, maybe they will call me for Jury Duty.
Ted

El Monte, CA

#17 Feb 21, 2009
The fact is that our DA has made so many bad moves that nobody can trust him or his decisions any more. How much money was spent prosecuting the wrong man in the Renato Hughes case. How many cases does this man an his office win? Not many. Now the public doubts everything be does. He is seeking his own personal fame and that has broken the public trust. We are the fools who let him into price and we should take it upon ourselves to make sure he is never elected to any public office again. His priorities are screwed up and harmful to the public.
Eona

United States

#18 Feb 21, 2009
judge martin may as well be the da in the courtroom.
Correction

Kelseyville, CA

#19 Feb 21, 2009
Great, all wrapped up in your mind, even though you haven't heard all of the facts as presented in the courtroom. You, no doubt, would make a great, fair and honest juror now wouldn't you?
Simon wrote:
It's all nothing more than the Good Old Boy network doing it's official job as usual here in beautiful Lake County covering their Bud's Butts. Where other important crimes are never solved some are simply created to waste tax payers money. This being one of them. The wrong man was charged and Perdock got away with woman/slaughter....It's all wrapped up in my mind. Geeee, maybe they will call me for Jury Duty.
Simon

United States

#20 Feb 21, 2009
You got that right, correction,I would make a fantastic Juror, but what you failed to see in my post is that I did not say I wanted to be a Juror. I only wondered if they would send me a summons.
Talk about jumping to conclusions . See how easy that is to do?

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