Saturday's unconvincing attempt by District Attorney Jon Hopkins (the DA's perspective on the Dinius case) shows clearly why Lake County is in serious need of changes in both our law enforcement and prosecution offices. Mr. Hopkins opens his piece with a veiled accusation that sailboater Dinius was "on the lake with running lights off." He then attempts to use head counts to determine whether or not the sailboat had its running lights on – a risky approach considering that in the immediate aftermath of the accident the investigators did not even know the difference between its on-off switch and the circuit breakers.

But all this begs the issue. It makes absolutely no difference whether or not the sailboat's running lights were on or off. If the powerboat had plowed into an unlighted pier would it have been the pier's fault? If it had run down a swimmer in the dark would the swimmer have been at fault?

Since this was a maritime incident, it seems logical that both the sheriff's office and the DA should have assigned personnel familiar with maritime law to investigate. The fact that they failed to do so is, at best, dereliction of duty, and at worst a deliberate attempt at a coverup.

As a result nowhere in these proceedings, as far as I can tell, has the subject of maritime law been addressed. These laws state clearly that (1) Any power boat must give way to any vessel under sail. (2) Any overtaking vessel – that is a boat approaching from the rear – is the "burdened" vessel, meaning it has the responsibility for avoiding a collision. (3) Any vessel operating at night must maintain speed at a level permitting a full stop if necessary to avoid an obstruction. The powerboat operator failed to observe all three of these rules with tragic consequences.

Mr. Hopkins states he "cannot prove the speed of the motorboat." Here again, this has no bearing on the case. It was obviously going too fast to avoid the obstruction – the sailboat.

Compounding the tragedy was the failure of Deputy Perdock to acknowledge his responsibility for the accident, and even worse his attempt to shift responsibility to a blameless victim. It was not Bismark Dinius who recklessly plowed his boat into a vessel probably making no more than four or five knots.

Mr. Hopkins has already cost the taxpayers of Lake County probably hundreds of thousands of dollars in his futile attempt at prosecution of this case, and now, of course, has been forced to drop the manslaughter provisions. He says he continues with other aspects of the case "to get to the truth." If this were the case, then why is Deputy Perdock not also in the dock along with Dinius?

Mr. Hopkins' grudging mea culpa comes far too late, and with far too little acknowledgment of the negative role he and his department has played in the affair. They have managed to turn an unfortunate accident into a crime scene, only this time the crime may be laid at the feet of the law, with many of us convinced that the selective prosecution of Bismark Dinius is the law's best effort to simply protect one of its own, and we can only pray that it is unsuccessful.

Connel Murray lives in Kelseyville. He has a 40-year background in owning and piloting small boats in both inland waters – including Clear Lake and the Delta – and saltwater, from Puget Sound to Alaska.

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Written by: Connel Murray

Published: 19 July 2009