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mbfarrel

Sailor Charged in Clear Lake Death

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Latitude 38:

 

May 21, 2008 – Lake County

 

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.

 

As ridiculous as it might sound, the prosecutors, colleagues of Perdock's, are claiming that Thornton's death was Dinius' fault because, although he was not the skipper of the boat, he was at the helmsman's position, he was under the influence of alcohol, and that the boat's running lights were not on.

 

It is true that Dinius was over the current alcohol limit, although he was under the old limit for being intoxicated. In other words, he wasn't smashed. In any event, given the windless conditions, there was no way he — or any other sailor — could have avoided a powerboat coming at him out of the black at 40+ mph.

 

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. 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.

 

Even more interesting is the testimony of Wes Dodd who, during the course of his career, has investigated over 625 marine accidents while in law enforcement, and 27 more since he retired in '01. Get this — although Dodd taught Lake County law enforcement officials everything they know about boat accident investigations, he has concluded that Perdock, one of their own, was the primary cause of Thorton's death:

 

"My conclusion is that speed was the primary factor in this collision. In order to ramp the sailboat and cause the amount of damage done, Mr. Perdock would have had to be going 40+ miles per hour . . ." Indeed, Perdock admitted that he was travelling that fast. In fact, he's testified that he'd done it on a number of other times on pitch black nights, in violation of the most basic rule of the road. Perdock, Mr. Law Enforcement, has never taken a safe boating course.

 

Dodd went on to testify that "due to darkness and poor visibility, Mr. Perdock should have reduced his speed to avoid collision or damage."

 

In addition, Dodd absolves Dinius of responsibility. "Had Mr. Dinius not been intoxicated, he would have not been able to maneuver the sailboat in time to avoid the collision. Had Mr. Perdock been operating his vessel at a safe, prudent speed, this accident could have been avoided."

 

Our reaction is, "Well, duh!" But with the Lake County Sheriff's Department working so hard to convict Dinius in an apparent attempt to divert attention from Perdock, the real culprit, there is no way to avoid having to go through the obvious.

 

We want to compliment Dan Noyes and the Channel 7 I-Team news for having jumped on and stayed with this story at a time when only Latitude had been covering it in detail and calling attention to the outrage. As if things weren't so disgusting in Lake County already, Noyes has uncovered more: "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."

 

If justice is done, we'll soon be able to tell you: 1) That the manslaughter charges against Dinius have been dropped; 2) Lake County has agreed to pay all his legal fees; 3) That Perdock has been indicted for the death of Lynn Thornton, and 4) That the Lake County District Attorney has resigned.

 

- latitude / rs

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In the Duke University case the district attorney, Mike Nifong, was disbarred for his dishonest and reckless prosecution. But, he was only batting for a stripper to win favor with the voters, not covering for a killer cop. And there was no official subornation of witnesses, as there is in this case.

 

If you want to let Lake County DA, Jon E. Hopkins, know your thoughts about crooked cops and corrupt DA’s, here is his e-mail address,

jonh@co.lake.ca.us

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Problem here is that I think the Cal state AG already looked at this case and rubber stamped his buddies work.....And since CNN isn't camped out in town like they were in the Duke case, then I doubt the guy in Lake county will come under any real scrutiny. Although it seems that one reporter isd trying to keep it on everyone's radar.

 

The total irony, at least in IMHO, is that the state AG is none other than Jerry Brown, a dyed-in-the-wool cal liberal, whom you would think would come down on the side of the "little guy" on this topic. Alas, he proves to be just another political hack....so much for his pedigree.....

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At least we can stop fighting over if it OK to float around in the dark with no lights and hope no one hits you.

Seems like the lights were on and Deputy Dickhead and his friends are doing what they can to deny this :angry:

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e-mailed and reposting this in other boating/fishing forums.

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Same tragedy happened in NH a couple years ago when David Littlefield, son of a locally politcitally connected mover & shaker was zipping at night in his powerboat before driving over a small powerboat killing John Hartman.

They defense tried to blame it on the fact the "lights were not on".

 

Luckily, investigators (staties and not locals) actually did their job and Littlefield was convicted of negligent homicide.

And his insurance company refused to pay the tort from Hartman's widow because he had been convicted.

 

Maybe an email to Geraldo Rivera who is a blue water sailor and loves to do a good ball busting story is in order. Just cc the DA.

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Maybe an email to Geraldo Rivera who is a blue water sailor and loves to do a good ball busting story is in order. Just cc the DA.

 

 

Maybe a few years ago that would have been true---but these days Mr. Rivera feels that there is absolutely nothing wrong when someone is in the country illegally, drives without insurance and kills a U.S. citizen..........

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Problem here is that I think the Cal state AG already looked at this case and rubber stamped his buddies work.....And since CNN isn't camped out in town like they were in the Duke case, then I doubt the guy in Lake county will come under any real scrutiny. Although it seems that one reporter isd trying to keep it on everyone's radar.

 

The total irony, at least in IMHO, is that the state AG is none other than Jerry Brown, a dyed-in-the-wool cal liberal, whom you would think would come down on the side of the "little guy" on this topic. Alas, he proves to be just another political hack....so much for his pedigree.....

 

Jerry Brown is the setting the table for his run for governor, pure and simple. He didn't want to alienate the law enforcement endorsement when his department rubber stamped this for prosecution. This whole thing is a travesty. I like the Geraldo idea! Get that attention seeker involved.

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At least we can stop fighting over if it OK to float around in the dark with no lights and hope no one hits you.

Seems like the lights were on and Deputy Dickhead and his friends are doing what they can to deny this :angry:

Having sparred with you over the lights issue... and with appreciation for your opinion on the matter.. I am simply astounded that, given the apparent facts, this case is moving forward as it is.

 

A very bleak day for boating law enforcement.

 

absolutely feckin :angry:!!!

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Not to say I told you so but - Let me put this as clear as possible "THE LIGHTS WERE ON!!!!!!!!!" Read the damn write up people.

 

Here

 

"The defense will counter that with two experts. First, William Chilcott. He's a marine safety engineer and life-long powerboat racer who examined the sailboat's lights and concluded they were on at the time of the crash.

"In fact, the stern light went out at the time of impact, but it was still hot enough that it in fact did stretch when it broke," says Chilcott.

Chilcott says the filaments inside the bulbs stretched at the time of impact -- evidence the lights were on. He adds, Perdock violated many laws of navigation.

"Rule 18-A4 says that a powerboat should remain clear of a sailboat, no matter what direction it's going," says Chilcott.

The second key defense report comes from perhaps the foremost marine accident investigator in the state -- the man who actually taught Lake County sheriff's investigators how to do their job.

That expert, Wes Dodd, also concluded the sailboat's lights were on and that "the proximate cause of Lynn Thornton's death ... was the unsafe speed of Mr. Perdock." Dodd also wrote, even if Dinius had not been drinking, he still "would not have been able to maneuver the sailboat in time to avoid a collision."

"

It's time for Lake County to shape up. My wife and I did not attend this years Konocti Cup due to two things - this accident and the fact that we during the middle of the day last year had a close call with a bass boat traveling flat out passing within 20ft of us when they had the entire width of the lake to give us room. (It actually passed between us and another U20 who were racing and could have easily hit either of us if we had gybed or heated it up to go after our competition.

 

By the way when a power boat is doing 50 plus and approching you from behind you don't hear it till its right on top of you.

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Ladies and gentleman of the jury:

You have heard from numerous witnesses that the running lights of the vessel that was hit were on.

I would ask you to ignore this evidence because it is detrimental to my case.

Here in inbred-jed back country the Deputy is ALWAYS innocent. After all, who are you going to believe, me or your lying eyes?

 

 

Having sparred with you over the lights issue... and with appreciation for your opinion on the matter.. I am simply astounded that, given the apparent facts, this case is moving forward as it is.

 

A very bleak day for boating law enforcement.

 

absolutely feckin :angry:!!!

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To repeat what I said in the earlier thread, this is simply a case of the good old boy network taking care of one of their own. There are only two things that will change this, adverse publicity that will eventually force action at the state level, and the threat of economic harm from people refusing to patronize their establishments or spend money in their county.

 

I can't see how, if this does actually go to trial it stands a chance, particularly if the venue gets changed. The really sad part is that Perdock will never face as much as a ticket for being mainly responsible for another person's death.

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What is the main newspaper in Lake County and what is its address?

 

A barrage of letters and emails from around the country to the paper protesting this prosecution might get some attention.

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What is the main newspaper in Lake County and what is its address?

 

A barrage of letters and emails from around the country to the paper protesting this prosecution might get some attention.

 

 

Lake Co News

 

Check out the comments at the bottom of the article

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Perdock's boat had headlights; going 40 plus in pitch black why weren't they on, what are they on the boat for?

That's got to be a classic.....listen.... boats have NAV LIGHTS not headlights... the reason: so other boats can judge direction..... if you go running about at night in a power boat with "headlights" they will:

 

1. possibly/probably mask the boat's nav lights from being seen by another boat.

2. ruin other boaters' night vision (in fact in some places, you can be charged for shining spot lights on other boats - of course "Homeland Security" is exempt as they can evidently flash what they like :ph34r: )

 

The "headlights" are for primarily for docking or locating mooring buoys... not for making it safe to be a lunatic and charge around the lake at night.

 

Nothing excuses this redneck dickhead from being accountable for causing the accident and killing the woman.

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Apparently their website is flooded. Too many visitors. Keep it up SA folks!!! Somebody there will soon notice there is a story.

I guess "Lake" County never knew there'd be so many boaters who might care if the law was enforced adequately.

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The preliminary hearing in the case of Bismarck Dinius continued Wednesday and will resume Thursday at the Lake County Courthouse in Lakeport. Photo by Harold LaBonte.

 

 

 

LAKEPORT – The second day of a preliminary hearing to determine if a Carmichael man will face trial for vehicular manslaughter and boating under the influence relating to a fatal 2006 boating collision continued in Lake County Superior Court Wednesday.

 

 

The testimony revealed some surprises, including one investigator's admission that he had based his conclusions largely on statements made by a sheriff's official involved in the crash and not on actual interviews with other witnesses.

 

 

Bismarck Dinius, 39, is facing the possibility of trial in connection with the April 29, 2006 boating collision involving a boat he was steering and a speedboat driven by Lake County Sheriff's Chief Deputy Russell Perdock. Lynn Thornton, 51, of Willows died as a result of the collision.

 

 

The hearing's second day began with defense attorney Victor Haltom's cross-examination of Sgt. Dennis Ostini, who supervises the sheriff's office Boat Patrol division and was on duty the night of the crash. Ostini spent several hours on the stand on Tuesday.

 

 

During the morning court session Ostini testified to details regarding the transport of both of the vessels involved in the April 2006 collision.

 

 

Ostini indicated that civilians who had responded to the crash scene brought both boats to shore. Perdock's powerboat, after being brought to the docks at Bayshore Marina, was transported via the owner’s trailer to the sheriff's boat barn located near Buckingham. Ostini indicated that Perdock's boat was under his observation from the time it was trailered and secured at the sheriff’s boat facility.

 

 

Under cross-examination Ostini answered questions that explained why he did not arrest either Perdock or Dinius at the shoreline scene despite a suggestion from Sgt. James Beland, who felt that Dinius was under the influence of alcohol. Ostini testified that he felt it better to rely on blood tests taken at the hospital and have the District Attorney's Office act on those results.

 

 

Other testimony during the day revealed that at the dockside the sailboat's owner, Mark Weber of Willows, pointed at Perdock and yelled that he was the one who should be arrested.

 

 

Prosecutor John Langan's main witness for the day was Lt. Charles Slabaugh, Sacramento County Sheriff’s Marine Services Unit investigator, who was brought in to work on the investigation.

 

 

Purported to be an authority on marine collision investigations and brought in at the request of the Lake County Sheriff's Office, Slabaugh testified that he had more than 27 years experience in law enforcement but had only investigated five boating collision cases and had reviewed a total of 20 to 25 other boating-related incidents.

 

 

Slabaugh offered testimony to the condition of both vessels. He had observed and described in detail the damage to each, which was detailed in his preliminary findings and in a followup report previously submitted into evidence.

 

 

He spent several hours on the stand before Haltom began questioning his recollection of specific details of reports allegedly provided to him by other local sheriff's officials as well as from at least two outside investigators.

 

 

When Haltom pressed him on details of his investigation, Slabaugh indicated that his understanding of the situation was that he was called on to investigate and provide a studied recreation of the collision, and submit a report and recommendation to the District Attorney's Office.

 

 

He also indicated that he was told by an unidentified individual within the Lake County Sheriff's Office that the agency would handle the personal interviews of those involved and the he should concentrate on the physical aspects of the investigation.

 

 

Haltom challenged Slabaugh on his expertise as a boating and waterway investigator before questioning him regarding the speed of Perdock's power boat and the status of the navigation lights on the sailboat just prior to the collision.

 

 

He also queried Slabaugh on specific details from Ostini’s preliminary report that included Perdock's initial declaration of the readouts of his dashboard gauges just moments before the crash.

 

 

Perdock told Ostini that his gauges were pointing straight up. Based on that statement, Slabaugh had estimated Perdock was traveling at about 40 miles per hour. However, pictures of the gauges supplied by the defense showed that if the gauges were pointing straight up the boat would have been traveling at about 60 miles per hour.

 

 

Slabaugh stated that the conclusions made in his reports to the District Attorney's Office and in earlier testimony were based on an interview with Russ Perdock. His conclusions didn't take into account any direct information from anyone on shore or in boats in the near vicinity of the collision, nor those aboard the sailboat. Slabbaugh also indicated that he made no effort to interview several of these potential witnesses.

 

 

He did, however, testify to receiving a copy of the reports made by Ostini and other sources but indicated that he did not consider all the information included within those reports while making his final conclusions.

 

 

A key point of contention in the case, and a reason cited for charging Dinius, is that the boat's running lights reportedly were not on. But during cross-examination Slabaugh indicated that the boat's light switch was in the “on” position. When Haltom asked him if he brought this to the attention of the sheriff's office or investigated it further, Slabaugh said no. When asked why he didn't pursue the matter, Slabaugh said he couldn't recall.

 

 

Slabaugh returns to the stand for further examination by the defense at 9 a.m. Thursday, with Haltom planning on calling other defense witnesses as well.

 

 

Lawyers from both sides hope to conclude the preliminary examination Thursday afternoon. If they don't, the case may not return to court until as early as June 10.

 

 

E-mail Harold LaBonte at hlabonte@lakeconews.com.

 

Un-fucking believable!!!! I can't believe this hasn't gotten more press. This cop should hang as well as the DA and the officers involved with the investigation. Can the whole fucking department.

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Check out this tool's response:

 

 

Stewart - If Dinius Registered | 05-22-2008 10:06:58

and the rest of the drunken sailboat lot had stayed dockside that night, none of this would have happened. No running lights notwithstanding.

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Hey guys the person that wrote the artical who is in Lake county might get a better sense of just how global this news is if she gets a few emails from various people/sailors who are keeping tabs on this case.

 

Elizabeth Larson contributed to this report.

-mail Harold LaBonte at hlabonte@lakeconews.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

 

Make it a positive note as she's just the messenger not the offending parties involved in the crazy manslaughter charges. Who knows she might just write a short note that explains that their little lake county case has a global audience and thousands of boaters all over are watching how its being handled. Not to mention the importance of good law enforcement and proper boat operation on the lake is critical to their county regarding all types of boating and the money spent at the lake and local businesses by the visiting boaters.

 

My wife and I decided not to attend the clear lake event this year due to this case and the fact that we had a too close for comfort powerboat vs U20 experience last year. Just isn't worth it especially if the county views boating safety and operation as a non issue.

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Check out this tool's response:

Stewart - If Dinius Registered | 05-22-2008 10:06:58

and the rest of the drunken sailboat lot had stayed dockside that night, none of this would have happened. No running lights notwithstanding.

 

 

Where did you see that posted Guitar?

I'd like to respond - as I was invited out with them - and wasn't drunk. Only reason we didn't go was that our hosts were leaving and we didn't know how to get to where we were bunking for the night. It was a very dark night the stars were very clear it would have been cool going out for a bit and getting a good look at the sky.

 

We didn't do the event this year due to this case and after having a close call in last years event with a bass boat cutting it way to close to us at full throttle. Scared the crap out of us we never heard it coming till it was right on top of us. If I had headed up for more pressure the Bass boat could have easily hit us.

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Where did you see that posted Guitar?

I'd like to respond - as I was invited out with them - and wasn't drunk. Only reason we didn't go was that our hosts were leaving and we didn't know how to get to where we were bunking for the night. It was a very dark night the stars were very clear it would have been cool going out for a bit and getting a good look at the sky.

U20-

This is from the comments under the story on the Lake County News website.

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Sorry, I forgot to post the copywrite info. All information from the Lake County News.

 

Today's posting on the paper's website. You can see who is supporting the SO's office and their arguments.

 

I think we should all contact our local news providers and let them know what a story is unreeling in Lake County. Great stuff for court TV.

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I think all Californian SAist should call and complain about the handling of this case:

 

California Attorney General

Voice: (916) 322-3360 or

 

(Toll-free in CA)

 

(800) 952-5225

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First, William Chilcott. He's a marine safety engineer and life-long powerboat racer who examined the sailboat's lights and concluded they were on at the time of the crash. "In fact, the stern light went out at the time of impact, but it was still hot enough that it in fact did stretch when it broke," says Chilcott.

Chilcott says the filaments inside the bulbs stretched at the time of impact -- evidence the lights were on.

 

The second key defense report comes from perhaps the foremost marine accident investigator in the state -- the man who actually taught Lake County sheriff's investigators how to do their job. That expert, Wes Dodd, also concluded the sailboat's lights were on

 

A key point of contention in the case, and a reason cited for charging Dinius, is that the boat's running lights reportedly were not on. But during cross-examination Slabaugh indicated that the boat's light switch was in the “on” position.

 

Well that sure tilts things. DA should have a tough time getting a conviction and sheriff will have tough time defeending himself in civil suit.

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Well that sure tilts things. DA should have a tough time getting a conviction and sheriff will have tough time defeending himself in civil suit.

 

 

Goes to show that these guys aren't the sharpest tools in the shed yet some how their investigation justifies a mansaughter charge against the sailor who happend to be at the helm at that moment.

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from the comments in the newspaper site

 

I never want to see the "Come To Lake County On Vacation - Go Home On Probation" bumper stickers revived.

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I sent it in to Channel 3 in Sacramento. We'll see if it gets covered.

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We didn't do the event this year due to this case and after having a close call in last years event with a bass boat cutting it way to close to us at full throttle. Scared the crap out of us we never heard it coming till it was right on top of us. If I had headed up for more pressure the Bass boat could have easily hit us.

 

You have mentioned this a few times and it is important.

Does the hosting organization know your reasons for not returning? Do other participants, management, volunteers and staff? Let them know and find out if others are hanging back for the same reason. I realize the race organizers are not involved in the incident but they have no reason to speak up if they don't know it does affect them.

 

Navy

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You have mentioned this a few times and it is important.

Does the hosting organization know your reasons for not returning? Do other participants, management, volunteers and staff? Let them know and find out if others are hanging back for the same reason. I realize the race organizers are not involved in the incident but they have no reason to speak up if they don't know it does affect them.

 

Navy

 

Given the organizer is a U20 owner yes he does. He indicated that we weren't the only boat. Though he lives up there and says this whole thing is very political ie small town so smart people keep their yap shut. Or you might find your self being pulled over by the local sherrif for a broken tail light. Maybe not that bad but you get the point.

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A few photos might help this discussion. Also there are indeed headlights on the motorboat, though I can't get the photo to post. It would appear that the sailboat was under main only. Also this Link

 

On Lake Travis in Texas, the speed limit at night is 20 mph. The lesson learned is that boating at night on a lake or other flat water is just dangerous, due to the chance some irresponsible motorboater will run you over. At least if there is some chop or swells, most motorboats will need to slow down.Link

 

 

BeatsWorkin.jpg

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Hi guys:

 

I've been following the Lake County prosecution of Dinius Bismark closely, and I thought it worthwhile that I relay a conversation I had with an analyst at the Public Investigations Unit of the California Attorney General's office.

The analyst mentioned that the AG's office was following the case to determine if there has been some impropriety in the actions of the Lake County DA, and that the general public should send their opinions to piu@doj.ca.gov. The person I spoke with was very clear in that no one would reply to anything sent to that address, and that it would be used primarily for statistical analysis purposes to determine the scope of the level of public interest (outrage?) in the case.

 

If you care about this case, please consider sending an email, perhaps as follows:

 

"

Dear PIU:

 

I am concerned that the Lake County DA has acted improperly in pursuing charges against Dinius Bismark. Mr. Bismark was operating a sailboat at 5mph with cabin and navigational lights on when a powerboat piloted at 40+mph by Russell Perdock hit the sailboat and tragically killed Lynn Thornton of Willows. Marine safety experts have testified to the state of the nav lights and Mr. Perdock's boat-speed.

 

Mr. Bismark may have been intoxicated at the time of the accident, but marine safety experts have testified he would not have been able to avoid the powerboat even if he was sober. Mr. Perdock may have been intoxicated at the time of the accident, but an investigating officer was told NOT to apply a breathalyzer test to Mr. Perdock at the docks after the incident.

 

I believe that the Lake County DA made the decision to prosecute Mr. Bismark solely due to Mr. Perdock's employment with the Lake County Sheriff's office. The Lake County DA has overlooked key evidence, ignored statements by eye witnesses, and pursued a prosecution that goes against common sense and maritime right-of-way rules.

 

The criminal prosecution against Mr. Bismark has important ramifications for civil suits that have since been raised. If Mr. Bismark takes a reduced-sentance plea offered by the DA, civil claims against Mr. Perdock may be seriously limited. By prosecuting Mr. Bismark despite clear wrong-doing by the other party, the Lake County DA has taken a clear initiative to protect Mr. Perdock despite his role in the death of Ms. Thornton.

 

Furthermore, I believe the Lake County Sheriff's office may have been involved with evidence tampering - the sailboat's navigational light switches were noted as being switched "on" at the scene, yet were switched "off" during the inspection at the police impound yard two days later. It's also interesting to note that an investigating officer was instructed NOT to give Mr. Perdock a breathalyzer test on the docks after the incident, as that officer recently confessed to reporter Dan Noyes.

 

These facts lead me to believe that a 'good ole boys club' is operating in Lake County, and I strongly encourage the California Attorney General to act in this matter. I recommend that the Attorney General start an independent investigation into this impropriety, and evaluate illegal actions at both the Lake County DA and Sheriff's offices.

 

Regards,

Your name

Your city, your state

Your phone number

"

 

Will

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A few photos might help this discussion. Also there are indeed headlights on the motorboat, though I can't get the photo to post. It would appear that the sailboat was under main only. Also this Link

 

On Lake Travis in Texas, the speed limit at night is 20 mph. The lesson learned is that boating at night on a lake or other flat water is just dangerous, due to the chance some irresponsible motorboater will run you over. At least if there is some chop or swells, most motorboats will need to slow down.Link

BeatsWorkin.jpg

 

 

We have another very popular lake not far from Clear Lake that has always been very strict about after dark boat speeds. I grew up on Berryessa and we were stopped a few times for being a tad fast after dark. Granted we were doing like 25 vs 20 and throwing a big wake - very clear warning from the sheriff etc.

 

Clear Lake and Lake County historically was seen as a little more wild west etc. I suspect the water law enforcement has always been lax as are the general "lake" rules or lack there of would indicate.

 

A few other lakes I've raced on where we've watched the local sherrif stop power boaters operating in a wreckless manner around the racing sailboats and explain the rules of the road etc. Clear Lake all the years I've gone not once did I see a sheriff on the water. Granted its a big lake but, not that big.

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Perhaps a more interesting approach would to find out who Jerry Brown's largest campaign donors are and send a letter them asking them why they are supporting a public figure that is facilitating corrupt law enforcement...oh and also hit the California state bar association with a complaint regarding both the Lake County DA and the State AG's oversight failure...

 

Those donors are a matter of public record....and I imagine cc'ing the esteemed State AG, as well as larger media outlets, on the letters to his donors might illicit a more prompt response than pushing a form letter at a low level statistician...

 

Food for thought....

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I sent it in to Channel 3 in Sacramento. We'll see if it gets covered.

 

 

I hate TV and even more I hate sweeps week but we're right in the middle of Mays ratings war. Hopefully they can fit this in somehow...........

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Here is what I sent:

 

Dear Elizabeth,

 

 

I have been reading with horror the events that led to and have followed the death of Lynn Thornton. Mr. Dinius seems to have been accused falsely in this death. Please follow up on the following items:

 

 

· Were the helmsmen of both vessels tested for drugs/alcohol immediately following the incident.

 

· If only one man was tested, then there must be a reason the other was not, find out why.

 

· Has everyone forgotten that boats under sail have the right of way over powerboats in most situations, and in this situation this seems to be the case.

 

· What are the AG’s/DA’s political aspirations? Did they affect actions involving this case?

 

· If running lights on the sailing vessel were in fact on, and the sailboat did have the right of way, and the powerboat was in fact running at a high rate of speed, the fault here clearly rests with the power boat operator.

 

It is times like these that make the 1st Amendment so crucial to our Country. I respectfully ask you and your newspaper to give this trial the attention it deserves.

 

 

Thank you,

 

 

Robert Denton

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Will,

 

did so. Let's see if the "system" will come around eventually, or not.

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Perdock's boat had headlights; going 40 plus in pitch black why weren't they on, what are they on the boat for?

 

 

A few photos might help this discussion. Also there are indeed headlights on the motorboat, though I can't get the photo to post.

Jesus H. Christ... As stated above, those headlight looking thingies you see on powerboats ARE NOT FUCKING HEADLIGHTS. They are to be used in docking situations, at slow speeds, only. Having them on greatly reduces your ability to see any further than about 50ft in front of the boat. They ruin you night vision, and make it impossible to see anything other than what is directly illuminated in front of you. That means zero periphial vision. They are fantastic when I have to drive the pontoon onto it's hoist at night. They are completely useless for anything else.

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From Latitude 38:

 

Another way to help was brought to our attention by ‘Lectronic reader Will Sitch. “An analyst at the Public Investigations Unit of the Attorney General’s office said they were following the case to determine if there has been some impropriety in the actions of the Lake County DA, and that the general public should email their opinions. He said that no one would reply but that the responses would be used primarily for statistical analysis purposes to determine the scope of the level of public interest in the case.”

 

email link: mailto:piu@doj.ca.gov?subject=Lake%20County%20vs.%20Bismarck%20Dinius

 

I have no idea if the above email address is valid or if indeed the general public has been asked for their opinions - but why should that stop an anarchist. Let 'em have it.

 

full Latitude38 article here: http://www.latitude38.com/lectronic/lectro...3&dayid=117

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I emailed the Lake County news and Elisabeth Larson responded.

 

I guess coming from all the way Australia got her attention and she asked permission to publish my email as a letter to the editor, which I Ok'd.

 

Never underestimate the power of the written word!!

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My contribution:

 

To: Mr. Jon Hopkins,

District Attorney, Lake County, USA

 

CC: Ms. Elizabeth Larson

 

I have been following the prosecution of Bismarck Dinius, and there is an appearance of impropriety about this case. I understand that you are familiar with the case and how Mr. Dinius could not have been responsible for his friend's death, so I will not expand on the arguments for his defence. There is a very simple way to remove this appearance of malicious prosecution: additional impartial oversight. Failure to do so will forever give the impression that the buddy system in your local law enforcement is something to be feared.

 

It is the right thing to do.

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Hey, there are some really serious and very outraged local comments arttached to that newspaper article.

 

This from "Nancy."

 

"Caught with his pants down, too bad it was halted. However, I am sure there is no mistake sworn depositions make for one healthy perjury charge. Now the world knows Perdock is a lying sack of crap, the courts know, the Judge knows, anyone in the courtroom knows, and there is no turning back. Time to fess up to the truth Perdock, we know you are reading our posts. Be a man, and be an honest cop, so this corruption stops here and now.

You should all be ashamed of yourselves. All of you who have worked so hard to twist the facts. Shame on all of you and good riddance to bad rubbish. Look at the damage you have caused Bismarck Dinius and the life YOU took, Perdock. Have you no shame?"

 

And, how about this one from "smurf.".

 

"an alledged "expert" is hand picked by the SO to investigate the case, and he just happens to come from a far-away county where the sheriff started his carreer in law enforcement.

The "expert" has only done a total of FIVE crash investigations, and doesn't even interview Perdock until a month AFTER he files his report, which is missing critical data regarding the lights.

The "expert" concludes that the interior lights don't matter, because it seems they were invisable even though they were on! the bow and stern lights apparently didn't matter either, because they were on as well!

Perdock gives a blood sample which takes an hour to move a couple of blocks and no one knows why, heck, they can't even remember how he got home!

 

And let's not forget our DA bravely claiming that the lights weren't on in spite of multiple credible objective witnesses claiming the opposite-claims that were TOTALLY IGNORED BY THE SO INVESTGATOR!

 

This case will not only be thrown out of court, it is the beginning of a Grand Jury investigation into a conspiracy to frame Dinius and exonerate Perdock. There are three people working for/with the SO who need to be VERY worried right now, as they may have a new address soon, if justice prevails.

 

The stupid thing was if they didn't try to tilt the table the DA could of called it a wash and sited Dinius for being drunk, and that would have been the end of it but oh no, Hopkins went along for the ride and helped to try to frame Dinius, maybe Jon can get a room with the other three"

 

If these comments are any indication of what local people are thinking, the killer cop and corrupt DA are not going to get away with murder.

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I have also sent an email from Oz, to: piu@doj.ca.gov and hlabonte@lakeconews.com

This is a very disturbing case. This case is being covered by abc7news: http://abclocal.go.com/kgo/story?section=n...&id=5843865

They have a couple of blogs running on this subject, I think it is being covered by Dan Noyes, I hope he stays on top of it and keeps the public aware.

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Come on folks maintain the rage, or do you really not care?

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I emailed the Lake County news and Elisabeth Larson responded.

 

I guess coming from all the way Australia got her attention and she asked permission to publish my email as a letter to the editor, which I Ok'd.

 

Never underestimate the power of the written word!!

 

 

Well done Sir. Thank you............

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I have also sent an email from Oz, to: piu@doj.ca.gov and hlabonte@lakeconews.com

This is a very disturbing case. This case is being covered by abc7news: http://abclocal.go.com/kgo/story?section=n...&id=5843865

They have a couple of blogs running on this subject, I think it is being covered by Dan Noyes, I hope he stays on top of it and keeps the public aware.

 

 

Ozzies Rock!!!

 

Let them know the world is watching.

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This whole thing carries the stench of corruption; a local system crooked as a dog's hind leg. A simple fact remains. This Perdock asswipe, no matter what speed he was going, appears not to have been keeping a proper lookout. As a result he rammed his cheesy stinkpot into a sailboat. All the rest is a cover up and an attempt to exonerate this retard because he's a member of the local constabulary. It is an egregious effrontery to decency. And I'm but one of a great many who are outraged by the whole sorry, continuing saga.

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This whole thing carries the stench of corruption; a local system crooked as a dog's hind leg. A simple fact remains. This Perdock asswipe, no matter what speed he was going, appears not to have been keeping a proper lookout. As a result he rammed his cheesy stinkpot into a sailboat. All the rest is a cover up and an attempt to exonerate this retard because he's a member of the local constabulary. It is an egregious effrontery to decency. And I'm but one of a great many who are outraged by the whole sorry, continuing saga.

County Sheriffs are elected in the U.S.

The best way to apply pressure may be for the locals to make it very clear to the current incumbent, Sheriff/Coroner Rodney K. Mitchell, that when his next election comes up he will be faced with a hostile, angry public and a credible alternative candidate who can evict Rodney from his office. If he does the right thing, submits revised investigative findings to the District Attorney and, assuming an indictment, suspends his deputy pending resolution then he may have a chance of remaining in power.

 

The stated "Mission" of the Lake County Sheriffs department (from their web page) is below. It sounds nice but unless the Sheriff is willing to pursue this mission with diligence then it's worthless. If the whole story is being accurately reported then in my opinion this man has brought the Lake County Sheriffs department into disgrace.

 

SECURE THE PUBLIC'S TRUST

* By preventing crime whenever possible and aggressively pursuing suspected criminals when it is not;

* By using the laws of the State of California as a constant guideline for our action and never as a convenient excuse for inaction;

* By using the power of this office with respect for the Bill of Rights and the Constitution of the United States;

* By hiring, training, and promoting people who want to be a part of something bigger than themselves;

* By treating all human beings with dignity whether they be living or deceased;

* By spending the taxpayers’ money because we must – not simply because we can;

* By evolving as professionals to the changing needs of our growing community;

* By exemplifying the ethos of Duty, Honor, and Justice in all that we do.

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I have also sent an email from Oz, to: piu@doj.ca.gov and hlabonte@lakeconews.com

This is a very disturbing case. This case is being covered by abc7news: http://abclocal.go.com/kgo/story?section=n...&id=5843865

They have a couple of blogs running on this subject, I think it is being covered by Dan Noyes, I hope he stays on top of it and keeps the public aware.

 

I sent one too. It's not just the sheriff's office that needs some outside eyes watching, it's the prosecutor's office, and the Governor's office (assuming I'm correct that the State appoints the judges?). Understand the trial's been continued, let's see what happens when the new trial date gets closer.

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Here in Newport Beach the same douche bags are Serving and protecting. I still don't understand that phrase. Writing tickets to sailors while racing. While upholding the 5 mile an hour limit. I am sick of the sheriffs department. The female captain says "We will look into allowing a special permit for racing" Fuck you. Why don't you look into managing the two douche bags who are out of control. Reel them in the fiddler crabs. They lifted weights so much they can't fold their arms down. What a couple of knobs.

One of the fucks ran down a club member and ticketed him.

After he decided to not race, returning to the harbor. during gale conditions, for speeding. main sail only, the idiot sheriff tells this 78 year old that his only options were to take his sails down and call vessel assist?

Is this what the world has come to? This Clear Lake deal has them washing the blood off their hands, while serving and protecting, them selves.

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Apparently their website is flooded. Too many visitors. Keep it up SA folks!!! Somebody there will soon notice there is a story.

Lake County, California (from Wikepedia):

Lake County is a county located in the north central portion of the U.S. state of California, north of the San Francisco Bay Area. It takes its name from Clear Lake, the dominant geographic feature in the county. As of 2000 the population was 58,309.

NOT MANY FOLKS THERE.

 

INDUSTRY: The income of residents of the county varies widely. The county is the largest employer thus far, followed by large retailers such as Wal-Mart, Safeway, and Kmart. Several franchised retailers have recently entered the county (up 28% since 2003) and have created a diverse employment environment. Many wealthy people and retirees maintain residences near the lake, with the Clearlake Riviera's, Buckingham and Paradise Cove having the largest concentration. Employment statistics continue to improve, again supported by the influx of Bay Area relocations and the benefit of telecommuting. Lake County is mostly agricultural, with tourist facilities and some light industry. Major crops include pears, walnuts and, increasingly, wine grapes.

NOT MUCH TO BOYCOTT THERE?!

 

Pushing the media and AG contacts appears to be the only means to help push for justice. This miscarriage and subordination of justice WOULD make a good story for one of the many news magazines. This story is NOT dead, simply being played out. Utlimate civil case will be very costly to the county residents.

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Lake County, California (from Wikepedia):

Lake County is a county located in the north central portion of the U.S. state of California, north of the San Francisco Bay Area. It takes its name from Clear Lake, the dominant geographic feature in the county. As of 2000 the population was 58,309.

NOT MANY FOLKS THERE.

 

INDUSTRY: The income of residents of the county varies widely. The county is the largest employer thus far, followed by large retailers such as Wal-Mart, Safeway, and Kmart. Several franchised retailers have recently entered the county (up 28% since 2003) and have created a diverse employment environment. Many wealthy people and retirees maintain residences near the lake, with the Clearlake Riviera's, Buckingham and Paradise Cove having the largest concentration. Employment statistics continue to improve, again supported by the influx of Bay Area relocations and the benefit of telecommuting. Lake County is mostly agricultural, with tourist facilities and some light industry. Major crops include pears, walnuts and, increasingly, wine grapes.

NOT MUCH TO BOYCOTT THERE?!

 

Pushing the media and AG contacts appears to be the only means to help push for justice. This miscarriage and subordination of justice WOULD make a good story for one of the many news magazines. This story is NOT dead, simply being played out. Utlimate civil case will be very costly to the county residents.

Indian Casinos

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Been following this from the get go and sent several emails last year and will send several more tonight. Thought I should post some facts of the case to bring newbies up to speed.

 

1. In April of 2006 after competing in the Konocti Cup on Clear Lake,in Lake County,Ca. Several competitors chose to unwind by drifting around on the lake at dark, with their mainsail up. Running lights on (verfied by investigators) on an O'day 27.

 

2. Bismark Dinius was at the helm when the sailboat (although he was not the boat owner, he had ducked below for a beer and asked Dinius to hold the helm),which was making little or no way, was struck from behind by a Baja 24 (384 HP engine) going between 40-45 MPH (admitted by driver of powerboat immediately after the accident). Dinius was later found to have a BAC of .12 (legal is .08).

 

3. Driver of Power boat (Sheriff Russell Perdock) was not tested until later. Also on board the powerboat were Perdocks friend Jim Walker of El Dorado Hills and Jim's 14 y/o daughter.

 

4. The powerboat flew over the top of the sailboat striking and killing Lynn Thorton (1955-2006 RIP),who was standing at the mast. It also dismasted the sailboat.

 

5. At 40 MPH the closing speed between the two boats was 66' per second. In the dark. With no wind. So, in 5 seconds that boat travelled 330', a little more than the length of a Football field,in 5 seconds.

 

6. The Investigators and Lake County DA chose to prosecute Dinius on the grounds that he was intoxicated, No charges were reccomended or filed against Perdock (the number 2 man in the Lake County Sheriff's Office).

 

There are probably 3-4 different threads on SA that relate to this. All have the same outrage and desire for real justice. The only way that happens is if we keep the pressure up. Fortunately the local media has taken an interest.

 

The tragic death of Lynn Thorton was a preventable death. It is being overshadowed by the travesty of Justice being attempted in Lake County.

 

Lets keep their feet in the fire people!!!

 

 

WL

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Indian Casinos

 

Most people don't realize that Clear Lake is a about an hour 30 minutes from San Francisco. The Pipe fitters Union bought lake front property and eventually created a pretty nice little resort Konocti Resort.

 

The lake was surrounded by trailer homes and due to poor management eventually faced a major pollution issue regarding high Nitrate or sewage issues due to old and non operational sewage systems around the lake. It was cleaned up and now has some great bass fishing.

 

The lake its self is natural lake at the base of an old Volcano.

 

What people don't know is that lots of vinyards have miles and miles of high land vines growing among many hidden around the lake.

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So I am curious. IF 40 MPH is 66' per/sec and the Speed of Sound is 1128' per/sec and you are on a dark lake with sound bouncing off the land around you. How long would it take you to locate a powerboat closing on you at that speed.

 

My guess is when I heard it it would take me about 15-20 seconds to pin it down. So that means from the time I hear it, till the time I find it, it will have covered 1040-1320 feet. Thats a 1/4 mile. Then all I have to do is move my sailboat,traveling at maybe 2-3 kts, out of it's way. How hard could it be really?

 

So I turn my boat and try to get out of the way, and the powerboat hits me admidships, cutting the boat in half and killing one of my crew. Now remember I've been drinking and am legally drunk (.12)

 

How again, is this my fault??? What exactly did I do or not do that contributed to this accident. While I may be legally intoxicated, did I make an unseamanlike maneuver? How did my being intoxicated contribute to this accident??

 

I'm not trying to condone being intoxicated while in control of a vessel. I just don't see the connection.

 

WL

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another thing to consider is that at that speed there would be a considerible doppler effect, and there would be even less time to react.

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another thing to consider is that at that speed there would be a considerible doppler effect, and there would be even less time to react.

the engine sound would be a higher pitch?

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Quick search produced the following - Cal. Penal Code 191.5(f) provides:

 

This section shall not be construed as making any homicide in the driving of a

vehicle or the operation of a vessel punishable which is not a proximate result of

the commission of an unlawful act, not amounting to felony, or of the commission

of a lawful act which might produce death, in an unlawful manner.

 

Any practicing CA lawyers out there care to comment? Is proximate cause an element of a CA Vessel Manslaughter While Intoxicated charge? If so, proximate cause of, in this case, what illegal acts , or what legal acts performed with gross negligence (as the code specifies)?

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Yet another idiot in a go fast boat killed three people this weekend. The owner who was driving his gas powered penis extension at high speed in the dark, is in critical condition along with another occupant.

 

Local moron powerboaters are blaming the anchored barge.

 

http://www.freep.com/apps/pbcs.dll/article?AID=2008805260317

 

From the article it would appear they want to blame the anchored barge for the accident because it might not have had its lights on. I suppose if the motorboat ran into a tree stump, it would be the tree stump's fault for not having its lights on. It also appears from the article that many in the area were aware of the barge.

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From the article it would appear they want to blame the anchored barge for the accident because it might not have had its lights on. I suppose if the motorboat ran into a tree stump, it would be the tree stump's fault for not having its lights on. It also appears from the article that many in the area were aware of the barge.

 

 

Hmm? Sounds familiar don't it? Classic American attitude it's not my fault! Must be someone elses fault for being a dumb ass.

 

We have all sorts of unlit barges anchored in SF Bay - not to mention old piers etc. Since when is the safety of one's own vessel the responsiblity of others?

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From the article it would appear they want to blame the anchored barge for the accident because it might not have had its lights on. I suppose if the motorboat ran into a tree stump, it would be the tree stump's fault for not having its lights on. It also appears from the article that many in the area were aware of the barge.

My thoughts exactly. There are still a lot of logs and other debris floating around Lk. Saint Clair this time of year. Anyone driving a boat at speed in the dark needs to have their fucking head examined. I was down there all weekend. While boat traffic was certainly low for a holiday weekend, there was no shortage of late night power boaters flying past the club at 2:00am with their stereo cranked. If I'm in the slip working on the boat, and these guys are 200 yards away from me doing 40knts, I shouldn't be able to hear their stereo.

 

Absolute fucking idiots.

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the engine sound would be a higher pitch?

 

The doppler effect only works if you are off to the side. The pitch increases as the object moves closer and falls off as it moves away.

 

If it is coming right at you then the pitch is constant as the db level increases.

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I have been on both ends of the high speed powerboat encounters sailboat in the dark scenario.

On a sailboat - you will NOT hear the powerboat in time to do anything. You might not hear them until they PASS you. The noise of the wake is a 'white noise" that is very hard to localize. The engine nois eis entirely behind them.

You will have a hard time seeing them if conditions are not just right. Their lights will be visible for a mile or two - i.e a couple of minutes or less - in the dark. Shore lights and other boats will reduce this range. If they are coming right at you there is no relative motion to catch your eye.

 

On the powerboat - you obviosly aren't hearing anything. At 20-30 knots it takes an EXTREMELY good lookout and skills to avoid the normal things like boats and lit marks. Avoiding an unlit boat would be very very hard. Some boats have issues with glare and wind blast. My own boat had a 'sweet spot' where I could look over the windshield and not have wind in my eyes. I nearly ran into stupid drunks in a Cal 25 one night with absolutely no lights showing dead center in the channel. While they were busy cussing at me I told them the next boat might be going even faster and likely wouldn't miss them :o

I can't speak to night ops at 45 or 60 knots because I have never tried it and likely never will.

 

Summary - even alert sober people on the sailboat would likely not have had a chance.

Even an expert seaman would find it almost impossible, if not flat out impossible, to run 50 or 60 knots at night.

 

So the Clear Lake system is to just tell everyone the nav lights were off when they weren't :angry:

 

 

 

So I am curious. IF 40 MPH is 66' per/sec and the Speed of Sound is 1128' per/sec and you are on a dark lake with sound bouncing off the land around you. How long would it take you to locate a powerboat closing on you at that speed.

 

My guess is when I heard it it would take me about 15-20 seconds to pin it down. So that means from the time I hear it, till the time I find it, it will have covered 1040-1320 feet. Thats a 1/4 mile. Then all I have to do is move my sailboat,traveling at maybe 2-3 kts, out of it's way. How hard could it be really?

 

So I turn my boat and try to get out of the way, and the powerboat hits me admidships, cutting the boat in half and killing one of my crew. Now remember I've been drinking and am legally drunk (.12)

 

How again, is this my fault??? What exactly did I do or not do that contributed to this accident. While I may be legally intoxicated, did I make an unseamanlike maneuver? How did my being intoxicated contribute to this accident??

 

I'm not trying to condone being intoxicated while in control of a vessel. I just don't see the connection.

 

WL

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Here are some selected statistics from from the Coast Guard for 2005 Link

 

As you can see most people killed in "other than drowning" which would include collisions, are killed in motorboat and PWC accidents. Anyone surprised? I think the data would indicate that sailboats are not the problem.

 

Boat Type________Drownings___Other Deaths____Total Deaths

 

Open Motorboat______253__________98____________351

PWC________________21__________ 44_____________65

Cabin Motorboat_______25__________29_____________54

Canoe_______________40___________9_____________49

Kayak_______________24___________5_____________29

Pontoon Boat_________17___________3_____________ 20

Rowboat_____________37___________2_____________39

Houseboat____________5___________5______________10

 

Auxiliary Sail__________6___________1_______________7

Sail Only____________14___________2______________16

 

Total All Classes______491_________206_____________697

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The doppler effect only works if you are off to the side. The pitch increases as the object moves closer and falls off as it moves away.

 

If it is coming right at you then the pitch is constant as the db level increases.

no, but nice try. intensity has to do with proximity to the source, that is correct. so as a source gets closer to you, it gets more intense (louder).

 

the magnitude of the doppler frequency shift is highest along the axis of propogation and zero when moving in the dame direction and speed as the source. if standing in one place while a source moves by, there will be zero shift when the source is at the intersection of the perpendicular line drawn from the observation point to the path of the source. of course this is an instantaneous occurrence, but it can be observed by listening to a passing emergency vehicle or train blasting its horn.

 

f' = (v/(v+vs,r))*f

 

where f is the source frequency, f' is the observed frequency, v is the velocity of a wave in the medium, vs,r is the radial velocity of the source toward the reference (negative if moving away).

 

This is completely off topic, however. if you wish to discuss fundamental wave theory in more detail, I'd be happy to oblige, but this conversation should be focused on the present clusterfuck.

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The doppler effect only works if you are off to the side. The pitch increases as the object moves closer and falls off as it moves away.

 

If it is coming right at you then the pitch is constant as the db level increases.

 

Perhaps you should review your Grade 10 Physics.

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sent:

 

Aloha,

 

To who it concerns:

 

As an active boater for over 25 years I am compelled to write you and implore that justice be served here.

 

A woman was killed. The facts are being disputed, but one that CANNOT be ignored is that the CAUSE of her death was being struck at a high rate of speed. The vessel she was on was incapable of traveling at a high speed. The other vessel was the instrument that delivered this killing blow. ANY responsible boater KNOWS that the failure to keep a proper watch ( a lookout, not a timepiece ) is the same as driving with your eyes closed. If sea, atmospheric, traffic or ANY other conditions exist that preclude a proper watch, speed MUST be reduced to that which CAN be adequately surveyed. It's that simple - if it's foggy, you slow down, if it's too dark to see if there are objects in your path ( logs, icebergs, swimmers, etc ) the skipper is compelled by all that is correct and responsible to SLOW DOWN to a safe speed.

 

Failure to do THAT is what killed Ms. Thornton. Please don't make this any more complex than it is.

 

The appearance that the Sherrif's office is trying to frame another VICTIM of this speed-caused assault is sickening, but another issue entirely.

 

Respectfully,

 

Dan Weyant

P.O. Box 651

Kaaawa, HI 96730

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no, but nice try. intensity has to do with proximity to the source, that is correct. so as a source gets closer to you, it gets more intense (louder).

 

the magnitude of the doppler frequency shift is highest along the axis of propogation and zero when moving in the dame direction and speed as the source. if standing in one place while a source moves by, there will be zero shift when the source is at the intersection of the perpendicular line drawn from the observation point to the path of the source. of course this is an instantaneous occurrence, but it can be observed by listening to a passing emergency vehicle or train blasting its horn.

 

f' = (v/(v+vs,r))*f

 

where f is the source frequency, f' is the observed frequency, v is the velocity of a wave in the medium, vs,r is the radial velocity of the source toward the reference (negative if moving away).

 

This is completely off topic, however. if you wish to discuss fundamental wave theory in more detail, I'd be happy to oblige, but this conversation should be focused on the present clusterfuck.

 

Thank you. I thought I was going to have to type all that shit.

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Keep the Emails flying folks.

 

...and make sure your local press is included in your email distribution. The more eyeballs that see what is going on, the better Dinius' odds get.

 

GRS - well done.

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The doppler effect only works if you are off to the side. The pitch increases as the object moves closer and falls off as it moves away.

 

If it is coming right at you then the pitch is constant as the db level increases.

 

If you test this you'll see that you're wrong. Stand on a train track and you'll see that the pitch decreases after the train has hit you.

 

Let me know how it goes.

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Any CA lawyers care to weigh in on this question? We know you're out there.....

 

Quick search produced the following - Cal. Penal Code 191.5(f) provides:

 

This section shall not be construed as making any homicide in the driving of a

vehicle or the operation of a vessel punishable which is not a proximate result of

the commission of an unlawful act, not amounting to felony, or of the commission

of a lawful act which might produce death, in an unlawful manner.

 

Any practicing CA lawyers out there care to comment? Is proximate cause an element of a CA Vessel Manslaughter While Intoxicated charge? If so, proximate cause of, in this case, what illegal acts , or what legal acts performed with gross negligence (as the code specifies)?

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I don't suppose there were any Canadians involved, either before, during or after? I called the CBC national news desk and they said if there was a Canadian angle they might pick up the story.

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If you test this you'll see that you're wrong. Stand on a train track and you'll see that the pitch decreases after the train has hit you.

 

Let me know how it goes.

 

Welcome NOOB.

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Bump - not letting this scroll off of the front page.

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If you test this you'll see that you're wrong. Stand on a train track and you'll see that the pitch decreases after the train has hit you.

 

Let me know how it goes.

 

 

 

Actually, everything decreases after the train hits you.....

 

 

 

But seriously, keep the pressure up on these county mounties and D.A.s , this Dinius guy is going to get unjustly shafted otherwise.

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<BUMP>

I have also sent an email from Oz, to: piu@doj.ca.gov and hlabonte@lakeconews.com

This is a very disturbing case. This case is being covered by abc7news: http://abclocal.go.com/kgo/story?section=n...&id=5843865

They have a couple of blogs running on this subject, I think it is being covered by Dan Noyes, I hope he stays on top of it and keeps the public aware.

 

Posted comment on the abc7 website, as well as the blog.

</BUMP>

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bumping back to the 1st page. This should not be allowed to get to the 2nd page until it's over. They need to know the world is watching this.

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