Judge denies motion to reduce felony ...

Judge denies motion to reduce felony charges against Dinius

There are 358 comments on the Lake County Record-Bee story from Feb 20, 2009, titled Judge denies motion to reduce felony charges against Dinius. In it, Lake County Record-Bee reports that:

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 ...

Join the discussion below, or Read more at Lake County Record-Bee.

captmike

AOL

#41 Feb 23, 2009
Something is very wrong here.#1, a vessel under sail has the right of way over a power driven vessel.# 2, An overtaking vessel
(the power boat) is the burdoned vessel and must yeild until safe to pass.#3, at night or during periods of restricted visibility
vessels must slow to a safe speed to avoid collision. This applies to both Inland & International Rules of the Road in operating vessels.
captmike

AOL

#42 Feb 23, 2009
One additional item, Although vessels are required to show specified lights at night and during periods of restricted visibility, the absense of such does not relieve the power boat operator from the rule requiring reduced speed at night and during periods of reduced visibility in order to avoid collision. The required lights of a vessel are often times "lost" due to shoreline lights in the background. Speed is the primary contributor to
this accident.
Repeat 2x

Napa, CA

#43 Feb 23, 2009
I too, am concerned

9 witness's who wanted to report an accident but were refused.
As to 10 ft visibility, Perdock has stated this.
If you have ever gone boating 10ft of visibility is ZERO, NEAR NOTHING. How would you like being a passenger on a boat with the pilot blind and going 60 mph.

Only part of the letter is writen here.

To concerned citizen, a letter from the family of Lynn Thornton.
Although I do not know Dinius I offer this letter to you in support of Mr. Dinius.
NEITHER I NOR ANY MEMBER OF MY FAMILY BELIEVES THAT DINIUS IS RESPONSIBLE IN ANYWAY FOR MY SISTERS DEATH. Naturally we are bery familar with details of this case in light of our awareness of the relevant facts, WE ARE APPALLED THAT MR. DINIUS IS BEING CRIMINALLY PROSECUTED FOR SUPPOSEALY CAUSING MY SISTERS DEATH. WE ARE CONVINCED BEYOND ANY DOUBT THAT RUSSELL pERDOCK IS RESPONSIBLE FOR LYNN'S DEATH AND SHOULD BE FACING CRIMINAL PROSECUTION.
My sister Lynn was amember of the law enforcement community for her entire career and I can tell you she would be outraged that Dinius is being charged int this case while Russ Perdock goes free, seemingly protected by his fellow law enforcement officals in Lake County. This no the kind of "justice" that Lynn worked so hard to upholdin the State of Calif. Plain and simple,the case against Dinius is a travesty. Lynn was a wonderful person. She would not have wanted the wrong person to be prosecuted for her death.
Iam available to answer any questions the court may have of me.
Sincerely,
Rick Thomsen
Daisymay

United States

#44 Feb 23, 2009
Wow= Another Concerned Citizen=Perdock?
peter

United States

#45 Feb 23, 2009
Bottom line: anyone who is familiar with international, national , and inland lake and waterways universal laws knows that:
1)Overall prudence of speed under diminished visibility is overriding law.
2) any vessel overtaking another vessel from inside of 17.5 degrees abaft is the giveway vessel.

These 2 overriding, universal laws should prevail, despite the corrupt clouding and evading by law local enforcement attempting to support their brotherhood. PERDOCK IS 90% AT FAULT
Retirement

Napa, CA

#46 Feb 23, 2009
Daisymay wrote:
Wow= Another Concerned Citizen=Perdock?
Nope, not me, and not the same people as far as I know. I'll take credit for and defend my own positions without the use of sockpuppetry.
Derbie

United States

#47 Feb 23, 2009
Lake County deserves ridicule over this case. You charge a guy with homicide by alleging that he failed to flick on a couple of 10-watt light bulbs (which are *not* meant to illuminate a vessel but are instead meant to determine right-of-way), and you let off the off-duty police officer whose speed under impaired conditions was clearly excessive, so much so as to lauch his boat over the sailboat. Lake County, you are run by crooked, self-protecting hacks, and the rest of the country is shaking our heads that such parochialism still exists.
joe

United States

#48 Feb 23, 2009
bottom line to all of this not a good idea to be speeding around at night in a speedboat
Derbie

United States

#49 Feb 23, 2009
joe wrote:
bottom line to all of this not a good idea to be speeding around at night in a speedboat
As a matter of fact, the judge and DA in this case are striving mightily to make this NOT the "bottom line." They're completely ignoring the guy who blasted across the lake in the dark, ran over a sailboat, killed a woman, and then received the protection of his "force." Instead, they're trying to hold accountable they guy sitting in the sailboat who, while drunk, was in no position to move his boat out of the way of the speedboat.
Once Upon a Time

Kelseyville, CA

#50 Feb 23, 2009
More misconduct....
Deputy Beland took Perdock to RedBud's ER after the fact...(and you know that Perdock didn't ride in the back seat!) We already know that there are issues with the dates,times/ Chain of Custody to the DOJ,(which Beland should never have been a part of.. and turned that over to an un-biased agency) of the Blood Draw for the Legal BA.. I wonder where that stands in all of this? And I bet if you were to ask the Gal who drew the Blood... She couldn't ID Perdock over Beland!... Then Im sure WOW/Concerned Citizen will correct me if Im wrong... but didnt I hear that Perdock couldnt remember if it was his woman or Beland who took him to Redbud? I guess thats a sign of Old Age when you cant remember such things! Or??
Another concerned citizen

Kelseyville, CA

#51 Feb 23, 2009
Okay, repeat2x, you are a moron. You can't even quote the media correctly and they weren't even correct. Where in the hell did you get the crap about nine witnesses who wanted to report the accident but were refused? Dan Noyes didn't even say that. How about a witness who saw the boat leave the dock with lights on but didn't witness the collision? Now it's nine witnesses whos stories weren't taken? You must be smokin' something. And I have seen the letters from Lynn Thornton's family, and by the way if anyone else hasn't seem them, they were written to the judge not to me as repeat2x tries to make it appear. In my not so humble opinion, I believe that they are basing their opinion on what Dan Noyes tells them. They were never in the courtroom for the preliminary hearing so while they may certainly know some of the truth, they do not know it all. Again, just my opinion.
If you are going to say things, at least try to quote what someone really said and not just make crap up.(And you could have at least cut and pasted the letter instead of re-writing it yourself with all the capitals and mispelling.)
Repeat 2x wrote:
I too, am concerned
9 witness's who wanted to report an accident but were refused.
As to 10 ft visibility, Perdock has stated this.
If you have ever gone boating 10ft of visibility is ZERO, NEAR NOTHING. How would you like being a passenger on a boat with the pilot blind and going 60 mph.
Only part of the letter is writen here.
To concerned citizen, a letter from the family of Lynn Thornton.
Although I do not know Dinius I offer this letter to you in support of Mr. Dinius.
NEITHER I NOR ANY MEMBER OF MY FAMILY BELIEVES THAT DINIUS IS RESPONSIBLE IN ANYWAY FOR MY SISTERS DEATH. Naturally we are bery familar with details of this case in light of our awareness of the relevant facts, WE ARE APPALLED THAT MR. DINIUS IS BEING CRIMINALLY PROSECUTED FOR SUPPOSEALY CAUSING MY SISTERS DEATH. WE ARE CONVINCED BEYOND ANY DOUBT THAT RUSSELL pERDOCK IS RESPONSIBLE FOR LYNN'S DEATH AND SHOULD BE FACING CRIMINAL PROSECUTION.
My sister Lynn was amember of the law enforcement community for her entire career and I can tell you she would be outraged that Dinius is being charged int this case while Russ Perdock goes free, seemingly protected by his fellow law enforcement officals in Lake County. This no the kind of "justice" that Lynn worked so hard to upholdin the State of Calif. Plain and simple,the case against Dinius is a travesty. Lynn was a wonderful person. She would not have wanted the wrong person to be prosecuted for her death.
Iam available to answer any questions the court may have of me.
Sincerely,
Rick Thomsen
Another concerned citizen

Kelseyville, CA

#52 Feb 23, 2009
Why woud Perdock ride in the back seat? And if the media would report all of what was discovered and said in the courtroom at the preliminary hearing, you would know that the chain of custody issues were resolved to everyones satisfaction. And if Beland wasn't involved in the chain of custody, who should have been?? In your, oh so intelligent opinion. Maybe they should have waited until the next day really, as it is alleged, so that someone from the DOJ could actually come and watch the blood be drawn and hand carry it themselves. Timing was very important and still got documented incorrectly. How rediculous would it be to show up at the hospital 24 hours after the collision to request a blood alcohol level????
And oh yes, you are very wrong, as usual. Perdock remembered exactly who took him to Redbud and who took him home. Beland took him to the hospital, and his now exwife took him home. Beland was the one who couldn't remember. That was also cleared up the following day in testimony at the preliminary hearing and again, the media did not report those corrections. Hospital documents will probably show how he arrived and certainly how he left. As well as the word of the chaplain who was with Perdock at the hospital.
Once Upon a Time wrote:
More misconduct....
Deputy Beland took Perdock to RedBud's ER after the fact...(and you know that Perdock didn't ride in the back seat!) We already know that there are issues with the dates,times/ Chain of Custody to the DOJ,(which Beland should never have been a part of.. and turned that over to an un-biased agency) of the Blood Draw for the Legal BA.. I wonder where that stands in all of this? And I bet if you were to ask the Gal who drew the Blood... She couldn't ID Perdock over Beland!... Then Im sure WOW/Concerned Citizen will correct me if Im wrong... but didnt I hear that Perdock couldnt remember if it was his woman or Beland who took him to Redbud? I guess thats a sign of Old Age when you cant remember such things! Or??
Just wondering

San Francisco, CA

#53 Feb 23, 2009
Were is Sgt Beland today? And how is his lawsuit against the county going? Has that been settled on the QT yet? Is it possible it hasn't been settled and this is the reason for the delays?
Provocateur

San Francisco, CA

#54 Feb 24, 2009
On that night Perdock endangered everyone on or near the lake he is lucky he didn't allegedly kill more people.
Repeat 2x

Napa, CA

#55 Feb 24, 2009
Another Concern Citizen

Morons I would say don't have much common sense or maybe its just they want to try and cover their mistakes.
The Thornton family wants jusice for Lynn Thornton, they want Perdock charged
Repeat 2x

Napa, CA

#56 Feb 24, 2009
to defend someone who recklessly speeds with only 10 ft visibility (near to zero) and you say this is ok, that itself says who the moron is.

To Another Concerned Citizen
I vote no at election time
Another concerned citizen

Kelseyville, CA

#57 Feb 24, 2009
Repeat2x,
My problem with all of this is the fact that anyone can post on this blog, completely anonymously. None of us have to be responsible for our comments. I can call you a moron and not be held accountable in any way. You can lie about there being 9 people who tried to report something and were refused. For all we know you could be Dinius or Haltom trying to taint the jury pool. And yes, I could be Perdock trying to do the same.(I am not Perdock).
My point is, you weren't there, nor were you in the courtroom for any of the preliminary hearing or any of the civil matter. You truly only know what the media reports.
My opinion again, let the jury decide after all of the evidence is heard.
The evidence for the civil case was heard and the Thornton family agreed to the settlement arrangements holding Perdock accountable civily for $300,000.00 of his insurance money. They also got the same amount from Dinius, and $100,000.00 from Weber and Walker. If they thought that wasn't right, why did they settle on those amounts???
Derbie

United States

#58 Feb 24, 2009
If you're so intent on letting the jury decide this case, why are you so opposed to letting another jury decide whether Perdock was criminally negligent in speeding across the lake at night and careening over the sailboat? Would you speak out in favor of having the DA bring this set of charges? Let the jury decide, you say.
Daisymay

United States

#59 Feb 24, 2009
TO=o Just Wondering, Please do tell??? I know nothing of this case, and find it of interest to learn more about.

Were is Sgt Beland today? And how is his lawsuit against the county going? Has that been settled on the QT yet? Is it possible it hasn't been settled and this is the reason
Take off the blinders

United States

#60 Feb 24, 2009
Another concerned citizen wrote:
What difference does it make??? It proves that he makes poor choices when it comes to drinking and driving. It proves that he has a drinking problem. It proves that he continues a pattern of self destruction. And for that matter, destruction of others, as in this case. How many other things do you think it proves???? That's what difference it makes. Who cares???? Everyone on the road or in the water when he is around should care!!!
<quoted text>
You are too quick to pass judgement on someone you know next to nothing about! What about Mr. Perdock breaking the law AND killing an innocent vicitm??? WHY is that OK? Take off the BLINDERS will ya!!

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