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Old 02-11-2012, 21:30   #61
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

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Originally Posted by jeremiason View Post
There has been a death... Two people have been stripped of the reputations and lost their jobs.

As far as the crimes committed, I prefer to see crimes ajudicated in the court rooms instead of the media.

If you want my opinion, the District Attorney of Lake County over charged the case... The Defendant was guilty of operating a vessel while intoxicated and the off-duty Sheriff was guilty of Reckless Boating.

The bottom line it was a very sad situation all around.

I also find it unreasonable to believe there was an conspiracy between the parties involved.

I do believe this thread is nothing more than cop bashing at its best. The comments here, especilly targeted at Law Enforcement have no value and little if anything to doing with cruising.

And to Minaret I was a cop for thirty years and it is mentioned on my profile... I refer you to the above paragraph.


Reckless boating!? That's ridiculous. If you are driving recklessly and kill someone in the process, the charge is vehicular manslaughter. Why wouldn't the same be true on a boat?
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Old 02-11-2012, 21:45   #62
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

sabray, Bismarck Dinius was a friend of the owner that just happened to be on the tiller and was marginally over California's 0.08%. Witnesses on shore that were questioned said the sailboat had lights on plus later inspection showed that the filaments had stretched which indicates it was hot upon impact. Witnesses from the Conocti Club reported Russell Perdock had been drinking continuously that afternoon before taking off in his speed boat at dark.

This is such a open and shut case, it is hard to defend either the DA or sheriff's department in the handling of this case.
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Old 02-11-2012, 21:49   #63
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

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So it's okay to be sloshed as captain/ owner in navigable waters without lights. It's bad to be a police officer and hit a unlit vessel. Contrary view of all posts here. Maybe the cop was sloshed too. I have little sympathetic jester for either party. Always thought that their would be no winners in this. . One person died. If the owner was sober and sweared his lights were on that would change everything. Sailboat guy was drunk. Cop maybe. Any evidence that disputes this?
  1. Not OK to be sloshed. Was it contributory to the accident? Unknown. Would not being sloshed have made a difference? Unknown.
  2. Was the officer sloshed? We will never know, the junior responding officer was directed by the senior responding officer not to Breathalyse the power boat driver. The senior responding officer is the one who drove the power boat driver to the hospital to have blood collected, cannot recall what he did with that sample, and cannot explain why the sample collection time is listed as 24 hours later on the chain-of-custody. Just a mistake because it was close to midnight, even though the other two samples (from sailors) were labeled with the date of the accident.
  3. Were the running lights on? Power boater swears not, along with all of his crew. Sailboat swears yes, along with all of that crew. Shore witnesses are split, as are expert witnesses. So, we will never know.

With all of that, here is my test - had the roles been reversed, drunk police officer at helm of sailboat, and regular Joe at the controls of the power boat would the whole thing have been handled the same way? I don't believe it, but that's only an opinion.

I don't think discussing the case is "cop-bashing", it is the responsibility of a citizen. Not all citizens are criminals, and not all cops are bastions of virtue and honesty. Only by questioning cases like this is light put on what can be an otherwise murky world. Why else is it that every 15 years or so pretty much every major police department has to go through a "cleaning"? LA, Oakland, San Francisco, Chicago, New York, Miami. You don't think the same thing doesn't happen in small towns?
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Old 02-11-2012, 21:53   #64
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

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sabray, Bismarck Dinius was a friend of the owner that just happened to be on the tiller and was marginally over California's 0.08%. Witnesses on shore that were questioned said the sailboat had lights on plus later inspection showed that the filaments had stretched which indicates it was hot upon impact. Witnesses from the Conocti Club reported Russell Perdock had been drinking continuously that afternoon before taking off in his speed boat at dark.

This is such a open and shut case, it is hard to defend either the DA or sheriff's department in the handling of this case.
After reading all the things that the DA and witnesses stated, it does looked like a botched job at best but I would not say it is open and shut case.
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Old 02-11-2012, 21:59   #65
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

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Originally Posted by Dsanduril View Post
  1. Not OK to be sloshed. Was it contributory to the accident? Unknown. Would not being sloshed have made a difference? Unknown.
  2. Was the officer sloshed? We will never know, the junior responding officer was directed by the senior responding officer not to Breathalyse the power boat driver. The senior responding officer is the one who drove the power boat driver to the hospital to have blood collected, cannot recall what he did with that sample, and cannot explain why the sample collection time is listed as 24 hours later on the chain-of-custody. Just a mistake because it was close to midnight, even though the other two samples (from sailors) were labeled with the date of the accident.
  3. Were the running lights on? Power boater swears not, along with all of his crew. Sailboat swears yes, along with all of that crew. Shore witnesses are split, as are expert witnesses. So, we will never know.

With all of that, here is my test - had the roles been reversed, drunk police officer at helm of sailboat, and regular Joe at the controls of the power boat would the whole thing have been handled the same way? I don't believe it, but that's only an opinion.

I don't think discussing the case is "cop-bashing", it is the responsibility of a citizen. Not all citizens are criminals, and not all cops are bastions of virtue and honesty. Only by questioning cases like this is light put on what can be an otherwise murky world. Why else is it that every 15 years or so pretty much every major police department has to go through a "cleaning"? LA, Oakland, San Francisco, Chicago, New York, Miami. You don't think the same thing doesn't happen in small towns?

You would probably know, since your location is Oakland. I lived all over Oaktown for some years, the Oakland PD and Berkeley Task Force are as corrupt as they come. Of course the situation they are dealing with is out of control, but so are they. I was there for the Loma Prieta Quake, the riots, the hills fire, all the good times. When I go visit now, I'm blown away by how much nicer it is now than it was twenty years ago, so all that police brutality and corruption must have done some good, LOL!
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Old 02-11-2012, 22:10   #66
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

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After reading all the things that the DA and witnesses stated, it does looked like a botched job at best but I would not say it is open and shut case.
I have a headache and didn't convey into words what I meant very well. I meant as to open and shut was WHO should of been charged. Had Bismarck Dinius not blown above 0.08, then Russell Perdock should have been charged. Since Dinius was above the limit, then BOTH should have been charged.
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Old 03-11-2012, 07:53   #67
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

Signed. Fingers crossed that something will happen.
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Old 03-11-2012, 09:13   #68
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

signed.
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Old 05-11-2012, 17:01   #69
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[QUOTE="Dsanduril"]



With all of that, here is my test - had the roles been reversed, drunk police officer at helm of sailboat, and regular Joe at the controls of the power boat would the whole thing have been handled the same way? I don't believe it, but that's only an opinion.



This is a great point, And I think we all know the answer which is why this is so upsetting.

A speeding power boat smashing into a much smaller, drifting sailboat is an open and shut case as far as liability is concerned and charging the operator of the drifting sailboat is insanity.
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Old 05-11-2012, 17:55   #70
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

Quote:
Originally Posted by Dsanduril View Post

Was the officer sloshed? We will never know, the junior responding officer was directed by the senior responding officer not to Breathalyse the power boat driver. The senior responding officer is the one who drove the power boat driver to the hospital to have blood collected, cannot recall what he did with that sample, and cannot explain why the sample collection time is listed as 24 hours later on the chain-of-custody. Just a mistake because it was close to midnight, even though the other two samples (from sailors) were labeled with the date of the accident.


With all of that, here is my test - had the roles been reversed, drunk police officer at helm of sailboat, and regular Joe at the controls of the power boat would the whole thing have been handled the same way? I don't believe it, but that's only an opinion.
It gets better, speedboat driver as a sheriff's deputy had access to the case file and evidence locker for several days before the sheriff saw fit to remove those privileges. Said privileges were revoked because the computer logs showed him accessing the case file. No evidence one way or the other about his accessing the evidence locker.
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Old 05-11-2012, 18:11   #71
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

I think a petition to get the deputy is a waste of time, too much time elapsed, evidence contaminated, .... Also the idea of a prosecution instigated due to a petition leaves me very uneasy, it would set a precedent ripe for abuse.

I think a much more successful effort could be mounted to get the Prosecutor sent before the state bar to answer for the non-prosecution of the deputy.

Even if unsuccessful in disbarring him it would cause a lot of other prosecutors to be less egregious about covering for law enforcement officers.

The trick would be getting someone with standing to make the complaint. A resident of the community might have sufficient standing.
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Old 06-11-2012, 09:37   #72
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

Quote:
Originally Posted by jeremiason View Post
There has been a death... Two people have been stripped of the reputations and lost their jobs.

As far as the crimes committed, I prefer to see crimes ajudicated in the court rooms instead of the media.

If you want my opinion, the District Attorney of Lake County over charged the case... The Defendant was guilty of operating a vessel while intoxicated and the off-duty Sheriff was guilty of Reckless Boating.

The bottom line it was a very sad situation all around.

I also find it unreasonable to believe there was an conspiracy between the parties involved.

I do believe this thread is nothing more than cop bashing at its best. The comments here, especilly targeted at Law Enforcement have no value and little if anything to doing with cruising.

And to Minaret I was a cop for thirty years and it is mentioned on my profile... I refer you to the above paragraph.
It's good we have someone willing to make the argument on the other side, and I hope we all agree that such cases should be tried in court, and not in the media. And certainly not on Internet forums . That's the whole difference between civilization, and a lynch mob.

In my opinion, the undisputed facts paint a damning picture, and such cops deserve "bashing". But it is good that Jeremiason reminds us that it is not for us to decide.

I read the District Court ruling and enjoyed it - many people think that legal writing is some kind of horrible mumbo jumbo, but it can be something really beautiful in the hands of a talented judge (yes, I confess, I'm a lawyer). This judge knows what she is doing and I think we can be fairly confident that justice will prevail, at least in the civil action.
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Old 06-11-2012, 13:29   #73
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

Yes, but in the civil action is not where we really want to see justice prevail. It would be nice if it prevailed everywhere, particularly in the criminal courts where a real message can be sent. Police should be held to a higher standard, they have sworn an oath to serve and protect. When they choose to do the opposite the retribution should be swift and harsh to send a message and prevent more of the same. This sort of case just encourages those in positions of authority to abuse said authority and believe there will be no consequence for their actions. No mercy for crooked cops! It's far too common in this country, and this is why. We need more petitions like this one to let them know that the people are watching what they do and have a long memory. It's not much but it's better than nothing.
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Old 07-11-2012, 00:36   #74
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

I'm not seeing how having strong opinions on an electronic form of communicating is some how a lynch mob. I mean in reality, we're not boing to send out an electronic noose and hand the Sherrif.
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Old 10-11-2012, 14:27   #75
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Re: Sign the petition to prosecute the Lake County Sheriff that killed the sailor

Currently stalled at 889 signatures. Only need 111 more for it to get sent off.
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