Outcome of Bismarck Dinius case

[Judith]

I believe this was discussed on the board a while back and thought there might be some interest in the verdict (from BOATUS Seaworthy magazine):


Seaworthy Extra: Bismarck Dinius Acquitted

After seven hours of deliberation, the 12-member Lake County, California jury found Bismarck Dinius not guilty of felony boating under the influence causing great bodily injury. The same jury also acquitted Dinius of a misdemeanor count of boating under the influence and was deadlocked on a third count of boating with a blood alcohol level of greater than .08. Regarding the latter, the vote was 11 to 1 to acquit. Jon Hopkins, the district attorney who prosecuted the case, said the charge will be dropped. Dinius had originally been charged with involuntary manslaughter, but that charge was dropped by the prosecution shortly before the trial. In April, 2006, Dinius had been at the helm of a sailboat that was struck from behind at night by a powerboat that was being driven by Russell Perdock, who was not charged. Perdock is the Lake County Deputy Sheriff.

In an interview with Dan Noyes of ABC News, Dinius said he was relieved and is looking forward going home and rebuilding his life.

[drb9]

I'm not one to cheer a sailboat full of intoxicated sailors, but I have followed this story for the past couple years, and am very troubled by the failure of the prosecutors to pursue the real culprit here--the sheriff whose speedboat overran the sailboat and killed one of its passengers. That Russel Perdock has gotten away with what I think amounts to, at a minimum, negligent homicide, is very disturbing. Prosecutors aren't supposed to "side with" the police. They have independent obligations, but in this case, they seemed to take every bit of evidence and color it in a way that implicated the sailor and exonerated the sheriff.

So, it's probably justice that Dinius was acquitted of two of the three charges, with the third being dismissed. But, the killer is still out there, and we know who he is. He's the one wearing a badge.

[Steve Laume]

Livin in the wild, wild, West. Sometimes there is no justice, only the law. Depending on who you are the laws might not even apply.

The defendant still must have a world of problems to sort through, Steve.