An Appalling Example of California Justice . . .

[TaoJones]

It would appear, based on the following from today's 'Lectronic Latitude, that if you're at the helm, drifting in light airs in a small sailboat and are run down by a powerboater, killing a member of the sailboat's crew, you'd better find the resources necessary to obtain a good attorney. What an embarrassment for the Golden State.

Is The Wrong Man Being Charged In Last Year's Boating Death Of Lynn Thornton?

June 8 - Lake County, CA
According to reports we received last year, on the evening of April 29, 2006, Lynn Thornton of Willows died of injuries after Chief Deputy Russ Perdock of the Lake County Sheriff's Department slammed the Baja 24 powerboat he was operating into Beats Working II, the O'Day 27 sailboat Thornton was a passenger on. The sailboat was owned by her fiancé, Mark Weber, although Bismarck Dinius of Sacramento County was at the helm.
Apparently there were several factors that might have contributed to the tragedy, which took place around 9:30 p.m., and after Beats Working II had finished second in the Konocti Half Cup sailboat race. First of all, it appears the sailboat was not showing any running lights. Also, after the accident, owner Weber's blood alcohol level was reported to be .18, more than twice the legal limit. But neither of those things, separately or together, were an immediate cause of Thornton's death.
As is often the case on the water, speed kills. At the time of the impact, Beats Working II was apparently drifting under sail in zephyrs, while the Perdock-operated Baja 24 was allegedly traveling as fast as 40 mph (eye witness accounts vary). Many believe that the after-sunset speed limit on Clear Lake is just 5 mph, but District Attorney Jon E. Hopkins says there is no such speed limit and that there is no way to prove beyond a reasonable doubt exactly how fast Perdock was going or that his speed was the cause of the collision. We very seriously doubt that Thornton would have died had the powerboat hit the sailboat at just 5 mph, and that strongly suggests - at least to us - that Deputy Perdock's seemingly reckless operation of the motorboat was the primary cause of Thornton's death.
We don't claim to know all the facts in this case, and haven't seen any of the evidence, but what strikes us as bizarre is that today, helmsman Bismarck Dinius - but not owners Perdock or Weber - will be arraigned. He's being charged with felony Vehicular Manslaughter Involving a Vessel and misdemeanor Boating Under the Influence (his BAC was .12). According to a release by D. A. Hopkins, "Dinius was the operator of the sailboat, seated at the rudder [sic], when the powerboat collided with it." We were stunned that the D.A. apparently has no plans to charge Perdock or Weber! D.A. Hopkins explained that "California Harbors and Navigation Code provides that the 'operator' of a vessel is the person steering it. Even if the owner/skipper was telling the person at the helm what to do, none of that is taken into consideration for the definition of boating under the influence."
D.A. Hopkins sought an independent opinion in the matter - perhaps in order to avoid the appearance of impropriety - by having the California Attorney General's Office review the case to determine which charges should be filed against whom, and to determine if he should be recused from the case based upon a close working relationship with the Lake County Chief Deputy Sheriff or the Sheriff's Office in general. The California Attorney General's office didn't find any reason for the D.A. to step down and/or to turn the case over to the Attorney General for prosecution. We do. One of the investigators in the case was Tom Clements, who had recently retired as a Lieutenant with the Clear Lake Police Department! Why do we get the vibe that Lake County law enforcement is like that of the Old South in the '60s?
Like we said, we don't know all the facts but, on the surface, it sure seems to us that Deputy Perdock is the party primarily responsible for the death. A distant second in the line of responsibility would seem to be Weber, who, under maritime law (which, according to D.A. Hopkins, is considered civil law), is ultimately responsible for the safe operation of his vessel - including showing running lights after sunset. We hope that Dinius has a good lawyer, because it seems to us he's getting hung out to dry. As for the estate of Lynn Thornton, we hope it has the resources necessary to hire the best damn big city lawyer possible so they can make sure justice is seen in her death.
If you were a witness to the collision, or if you have an opinion on the case, we'd love to hear from you. Send your email to richard.

- latitude / rs