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- Written by: Elizabeth Larson
The District Attorney's Office is seeking to delay the trial date for 40-year-old Bismarck Dinius, who is being tried for vehicular manslaughter with a boat and boating under the influence.
At issue Tuesday will be new witness statements about the activities of an off-duty sheriff's deputy in the hours before the crash. Also, a sheriff's deputy has come forward to corroborate the statements of a former sheriff's sergeant who said he was ordered not to give a breathalyzer test at the scene
Dinius was at the tiller of the Beats Workin' II – owned by Willows resident Mark Weber – on April 29, 2006, when the boat was hit by a power boat driven by Russell Perdock, an off-duty chief deputy with the Lake County Sheriff's Office.
Weber's fiancée, Lynn Thornton, 51, was mortally injured in the crash and died a few days later.
Perdock was not charged in the case after a blood test showed no alcohol was in his system; Dinius, who had a blood alcohol level of .12, was charged with boating under the influence and vehicular manslaughter, with the latter charge arising largely because he is accused of piloting the sailboat without lights.
However, new witness statements have placed Perdock at Konocti Harbor Resort & Spa, where he was seen drinking and walking around some of the resort's bars.
Dinius' trial is scheduled to begin Tuesday morning, but visiting Judge J. Michael Byrne has scheduled a hearing on Deputy District Attorney John Langan's request to reschedule the trial.
Langan stated in court documents released last week that he needed additional time to investigate new information that he received during the last week in April. Some of that new information related to Perdock's whereabouts in the hours before the crash.
The discovery statements by witnesses were released in a notice of objection to the continuance Langan is seeking. That objection was filed by Victor Haltom, Dinius' defense attorney, who said he's ready to proceed to trial.
In his argument to the court, Haltom said the evidence “seriously damages the prosecution's case,” adding that “Perdock's recklessness was the proximate cause of Lynn Thornton's death, and his colleagues in local law enforcement have actively shielded his culpability.”
He added, “Evidence that Mr. Perdock was drinking alcohol shortly before the accident and that law enforcement officials did not subject him to prompt blood-alcohol level test (or breath-alcohol level test) serves only to bolster the defense position.”
While Haltom says that the new evidence justifies exploring prosecution of Perdock and his “enablers” for charges including perjury and obstruction of justice, he said it doesn't justify delaying the trial itself, because he said the prosecution has had more than enough time to examine the case, which began three years ago last month.
He then includes 27 pages of district attorney's investigation reports, submitted to the defense through discovery, that include new interviews with Perdock and several witnesses, some of whom place him at Konocti Harbor in the hours before the crash.
Witness statements give different picture
Perdock told Lake County News last Friday that he denied all of that new information, and insisted he was not on the Konocti Harbor grounds the day of the crash.
He made similar statements to district attorney's investigators on May 7. During that interview, he provided a detailed time line of his activities on April 29, 2006, which he created as a way of venting his frustration over the case, which he said Sheriff Rod Mitchell won't let him talk to anyone about.
When asked if he knew some of the people who claimed to have seen him at Konocti Harbor – including John Yashiki-Jansen, who stated he saw Perdock at Konocti Harbor's outside bar with a drink in his hand – Perdock denied knowing them and said they were lying about him.
In his statements to district attorney's investigators, Yashiki-Jansen said he knows Perdock through friends, and that the men raced their boats out on the lake between about 7:30 p.m. and 8 p.m. that night, at the time Perdock said he was still at home. Yashiki-Jansen also successfully pointed out Perdock in a photo lineup.
Richard Jones, a security supervisor at the resort, claimed to have seen Perdock that night, but did not see him drinking. He also stated that he could not be positive that he had seen Perdock there the same night as the crash, and that it may have been the night before. When presented with the photo lineup, Jones did not pick Perdock's picture.
Other witnesses investigators interviewed included Dennis Olson, currently in the Lake County Jail, who was arrested last July after he allegedly hit a young child with his pickup and fled the scene, as Lake County News has reported.
Olson, who was working as a security guard at the resort at the time of the crash, picked Perdock successfully in the photo lineup. He stated to investigators that he told two sheriff's deputies on the night of the crash that he saw Perdock at the resort that night sometime after 6 p.m. but before the collision, and that he saw him leave around 9 p.m.
That night, Olson – who said he has known Perdock for about five years – stated that he didn't see Perdock drinking.
Joseph Gliebe, Konocti Harbor's director of security, also told investigators he saw Perdock at the resort, although he was not 100 percent sure that it was the night of the crash. Gliebe further stated that he didn't see Perdock drinking, and he picked him out of the photo lineup.
Myra Martinelli, who worked at Konocti Harbor at the time of the crash as a part-time security officer, said she heard Olson and Gliebe talking the night of the crash, and that one of the men said they hoped Perdock wasn't drunk or hadn't drank too much prior to the crash.
New evidence supports former sheriff's sergeant
Langan also has made a Pitchess motion – a specific motion used to acquire peace officer records – to secure personnel records of former sheriff's Sgt. James Beland, which will be argued Tuesday.
Beland has come forward to state that he was ordered not to administer a breathalyzer test to Perdock at the scene, which contradicts testimony he gave last year at Dinius' preliminary hearing.
Haltom's objection filing includes an investigative report district attorney's investigators completed following an interview with another former sheriff's sergeant, Deputy Mike Morshed, who stated that he ordered Beland not to give the test breathalyzer test to Perdock.
Morshed told investigators that he didn't observe or smell alcohol on Perdock. He stated that he didn't want the preliminary alcohol screening (PAS) – or breathalyzer – used on Perdock because it “had not been calibrated for more than a year and would not be admissable in court and he felt blood would be much more accurate.”
Beland had said in an internal affairs investigation interview that Sgt. Dennis Ostini had told him not to administer the test, as Lake County News has reported.
In the interview with investigators, Morshed said he helped Boat Patrol Deputy Lloyd Wells tow the damaged sailboat later on the night of the crash. He said the area had a lot of light on the water.
“Deputy Morshed said he thought it strange because Russell Perdock had said it was so dark. Deputy Morshed said he thought it may have more light near the shore than out further in the water,” the report states.
Morshed also faxed investigators a letter identifying people who claimed to have seen Perdock drinking prior to the boat crash.
Tuesday's hearing begins at 9 a.m. in Lake County Superior Court in Lakeport.
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LUCERNE – An 11-year-old Lucerne student finished fifth in the California State Elementary Spelling Championship.
Lucerne Elementary sixth grader Arthur Wilkie was among 60 of the state's top spellers from 34 counties who showed off their spelling skills at the spelling bee, held Saturday at Sonoma State University in Rohnert Park.
Wilkie lasted through seven of the 20 rounds in the annual event, going out on the word “soiree.” He won a trophy and a $100 US savings bond.
Quinn Hensley, an 11-year-old sixth-grader from Washington Elementary School in Santa Barbara County, was the top speller this year.
Hensley won the top prize by correctly spelling “ichthyologist,” then “sacrosanct.” For his efforts he received a trophy and a $1,000 U.S Savings Bond, and his school will receive a wall clock commemorating his achievement.
“He got some really hard words,” Wilkie said of Hensley.
Other top finishers and their prizes included second place winner, Savitri Asokan, 10, a fifth grader from Excelsior School in Placer County, trophy and a $500 U.S. savings bond; third place winner, Carina Kan, 11, a sixth grader from Los Angeles County’s Palos Verdes Intermediate School, trophy and a $250 U.S. savings bond; fourth place winner, Elijah Armstrong, 11, a fifth grader from Marin County’s Manor Elementary School, trophy and a $100 U.S. savings bond; and in sixth place, Ameet Braganza, 12, a sixth-grader from Santa Barbara County’s Monte Vista Elementary School, trophy and a $100 U.S. savings bond.
Wilkie said the spelling bee lasted close to three hours, but was “really fun.”
His fifth-place finish was a substantial improvement over his performance at the state elementary spelling bee last year, when he placed 36th.
He prepared for this year's event by practicing with a teacher and a another student, and he also had support from his class.
Wilkie said he uses Webster's Third International Unabridged Dictionary; a few years ago he spent the summer selling candy to raise the $100 necessary to buy the book.
This will be his last year in the elementary spelling bee. Next year, he'll be aiming for the junior high event, which allows students to write their answers but limits them to 15 seconds. Wilkie said the elementary spelling bee allows students a reasonable amount of time to come up with their answer, which they must spell out loud.
The rest of the field of spellers and their placement is listed below.
7. Miranda Velarde, 11, sixth grade, Jackson Street Elementary School, Siskiyou County
8. Emily Quinn, 12, sixth grade, Rio Del Mar Elementary School, Santa Cruz County
9. Quinn Camara, 12, fifth grade, Pioneer Middle School, Kings County
10. Jessica Brown, 11, sixth grade, San Jose Middle School, Marin County
11. Roopkiran Minhas, 11, sixth grade, Vacaville Christian School, Solano County
12. Leandra Evans, 11, sixth grade, Claudia Landeen School, San Joaquin County
13. Samantha Riviere, 9, sixth grade, Sutter Creek Elementary School, Amador County
14. Glenna Wardlaw, 11, fifth grade, Mammoth Elementary School, Mono County
15. Keo Jude Sarno, 11, sixth grade, Rolling Hills Elementary School, Solano County
16. Zachary Mah, 12, sixth grade, Richmond Elementary School, Lassen County
17. Katie Fisher, 11, sixth grade, Scotia School, Humboldt County
18. Matthew Spinetta, 11, sixth grade, Plymouth Elementary School, Amador County
19. Katie Doonan, 11, fifth grade, Pine Street School, Inyo County
20. Zane Harper, 10, fourth grade, C.O.R.E. Butte Charter, Butte County
21. Ashley Cain, 11, sixth grade, McCloud Elementary School, Siskiyou County
22. Karl Keck, 11, fifth grade, Anthony Chabot Elementary School, Alameda County
23. Danielle Zuppan, 10, fifth grade, Capay Elementary School, Glenn County
24. Nadia Tomaszewski, 11, sixth grade, Live Oak Charter School, Sonoma County
25. Yori Mai-Isa Hook, 11, sixth grade, Weaverville Elementary School, Trinity County
26. Martin Thompson, 11, fifth grade, Lee Vining Elementary School, Mono County
27. Jessica Burgess, 11, fifth grade, Clear Creek Elementary School, Nevada County
28. Andrew Miller, 11, fifth grade, Ocean Grove Charter School, Santa Cruz County
29. Jillian Strom, 11, sixth grade, Berrendos Middle School, Tehama County
30. Jade Holder, 11, sixth grade, Hooker Oak Elementary School, Butte County
31. Catherine Velardez, 12, sixth grade, Will Rogers Middle School, Los Angeles County
32. Gobind Puniani, 10, fifth grade, Valley Oak Elementary School, Fresno County
33. Hannah Cutter, 10, fourth grade, Arbuckle Elementary School, Colusa County
34. Gage Osborne, 11, fifth grade, Sonoma Charter School, Sonoma County
35. Alexander Chew, 11, sixth grade, Ridgeview School, Placer County
36. Lilyana DeArte, 10, fifth grade, Lincoln Elementary School, Sutter County
37. Ava Gruener, 10, fifth grade, Murwood Elementary School, Contra Costa County
38. Mashal Chhotani, 11, sixth grade, George Kelly Elementary School, San Joaquin County
39. Darius Rucker-McCarron, 10, fifth grade, Mary Covillaud Elementary School, Yuba County
40. Marsha Noeline, 11, sixth grade, Westside Elementary School, Merced County
41. Sarah Marsh, 10, fifth grade, Arbuckle Elementary School, Colusa County
42. Kathryn Moore, 12, sixth grade, Quail Lake Environmental Charter School, Fresno County
43. Zhang Vang, 10, fifth grade, Linda Elementary School, Yuba County
44. Zoe Tacderas, 11, sixth grade, Holy Rosary School, Contra Costa County
45. Kayleen Kemp, 12, sixth grade, Toddy Thomas Elementary School, Humboldt County
46. Jessica Khalili, 11, sixth grade, Susan B. Anthony Elementary School, Riverside County
47. Joe Williams, 10, fifth grade, Millville Elementary School, Shasta County
48. Brawley Parker, 10, fourth grade, Oak Manor Elementary School, Mendocino County
49. Christian Kontaxis, 9, fourth grade, St. Margaret’s Episcopal School, Riverside County
50. Glenn Duncan, 11, sixth grade, Pine Grove Elementary School, Del Norte County
51. Xiao Jin Jackson, 11, fifth grade, Mendocino K-8 School, Mendocino County
52. Simran Dulai, 11, fifth grade, Mark Twain Elementary School, Kings County
53. Hennessy McKenna, 12, sixth grade, Pacheco Elementary School, Shasta County
54. Emalee Kourani, 11, sixth grade, Lassen View School, Tehama County
55. Mahima Krishnamoorthi, 10, fifth grade, Lakewood Elementary School, Stanislaus County
56. Benjamin Harper, 11, fifth grade, Weaverville Elementary School, Trinity County
57. Noah Parham, 11, sixth grade, Willows Intermediate School, Glenn County
58. Bowoo Lee, 9, fourth grade, Fremont Open Plan School, Stanislaus County
59. Andrew Pearson, 9, fourth grade, Accelerated Achievement Academy at Calaveras, San Benito County
60. T.J. Bangle, 10, fifth grade, Charleston Elementary School, Merced County.
Students who did not attend were Emma Lauterbach, 10, fifth grade, Pleasant Valley Elementary School, Nevada County; and Emily Deluna, 12, sixth grade, Alliance Academy, Alameda County.
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Milton Grinstead, 65, of Clearlake suffered head trauma in the single-vehicle rollover crash, according to California Highway Patrol Officer Steve Tanguay.
Tanguay said the crash occurred at 2:22 p.m. Sunday.
He said that Grinstead was driving his 1991 Ford Explorer eastbound on Highway 20 west of Bruner Drive when, for an unknown reason, he lost control of the vehicle.
The Explorer went off the roadway, where the front of the vehicle hit a boulder and subsequently rolled over, Tanguay said.
REACH Air Ambulance, which landed at Lucerne Elementary School, transported Grinstead to Santa Rosa Memorial Hospital with head trauma, according to Tanguay.
Santa Rosa Memorial Hospital spokesperson Katy Hillenmeyer said Monday that Grinstead was in “good” condition.
Hillenmeyer said Grinstead remained in the hospital Monday afternoon.
Tanguay said CHP Officer Brendan Bach is investigating the collision.
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The US Geological Survey reported that the quake, measuring 3.4 on the Richter scale, occurred at 4:40 a.m.
The quake was centered two miles north northwest of The Geysers, five miles west southwest of Cobb and seven miles west northwest of Anderson Springs. The US Geological Survey showed that it occurred at a depth of 1.3 miles.
Residents from as far away as Hayward, Murphys and Redding reported feeling the quake.
The last quake of note was a 3.7-magnitude temblor that occurred in The Geysers area on April 17, as Lake County News has reported.
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