Justice?

speedo

speedo

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What's wrong with this picture? http://www.record-bee.com/ci_13042045

This is one of the greatest travesties of justice imaginable, and fortunately it's almost over. Short version is that the number 2 deputy at Lake County Sheriff's department plowed into a sailboat while traveling approximately 40-50 mph at night, killing the sailboat owner's fiance. The DA charged the man at the tiller of the sailboat with manslaughter, later reduced to BUI, based upon the sheriff's assertion that the sailboat didn't have on its running lights and the man at the tiller was legally intoxicated. No charges were filed against the deputy who was obviously operating his power boat in an unsafe, (I'd say negligent) manner.

In his own testimony, the deputy stated that he didn't realize he was going to hit the sailboat until he saw the green tint of his own running lights reflected in the sail of the boat just as he was about to hit. Only problem with this story is that he hit the sailboat from the right rear quarter. If he saw a reflection of his own light, it would have been red. If he saw green, it would have been from the sailboat's starboard running light.

Closing arguments next week.
 
The witness on the shore testified seeing 2 sets of lights, case closed?
On another note, how safe is it to run at 35 mph+ at night? Even with GPS and radar, it seems borderline reckless. My opinion - it is reckless based on a night boating incident a few years ago. We still had our pontoon boat and were coming home from a fireworks show at about 11:30pm. 3 large express cruisers in a "train" blew past us about 20 feet to port; I told the admiral and my son - HOLD ON...talk about Mr. Toad's Wild Ride. In daylight hours, it might have been an interesting experience, at night it was downright scary.
 
Yup! The deputy was all set up to get away with murder. I hope the DA goes to jail, too.
 
It's too bad this will likely have to eventually get appealed to the Supreme Court to get beyond the "Blue Wall" and clear Dinius, and eventually that deputy will be where Dinius is now and end up where he(Perdock) belongs if an impartial jury prevails. Hopefully for two or three or more times as long as he might have been sentenced for if he and the "boys" hadn't so obscenely abused the system in this thoroughly revolting way that flushes away any unlikely remaining existing trust in law enforcement in that Lake County area.

Now if the sailboat had clearly backed into the idling deputy's boat at 35mph this case might have some semblence of rationality.
 
Almost unbelievable, except for the fact that it's happening in the California criminal justice system.
 
I can only hope the jury has sense enough to acquit Dinius of the travesty; but somehow I'm afraid there won't be enough "evidence" to put Perdock where he belongs. His friends will probably see to that.
 
If the sailboat's lights were not on, and the operator was drunk, doesn't he still share in the blame?
 
The skipper of the sailboat is guilty of BIU, but it doesn't look like he contributed to this collision. The deputy looks guilty of involuntary manslaughter.
 
A question the defense raised, I think, Yzer. Dinius was a rookie holding the tiller while the owner worked the sails and told him what to do with the tiller. Who is the skipper in that case?
 
You'd think the "Blue Wall" might not be so impermeable on this case, the gal who died was a recently, or soo-to-be retired LEO herself.
 
If so I hope you're right. Maybe she has some friends too who would like to see justice done.
 
quote:
Originally posted by speedo

A question the defense raised, I think, Yzer. Dinius was a rookie holding the tiller while the owner worked the sails and told him what to do with the tiller. Who is the skipper in that case?

Click to expand...


The master is the master. The helmsman is the helmsman. If, hypothetically, whoever happens to be steering at the time of an incident is automatically the one to blame, then the AB at the wheel of the Exxon Valdez is the one who should have gone down for that blunder (which, was obviously not the case).

In short, the owner/skipper was still responsible for the safe steering of the boat, even if he was just giving orders to a guest who was physically controlling the tiller.

Disclaimer: I'm speaking in principle here - I have no idea what the law says regarding this kind of situation on a private boat without licensed crewmembers.
 
What an appalling story of official corruption and good-ol'-boy collusion. If I lived there, I'd hang my head in shame. Hope, at the very least, that the next election makes some drastic changes, but not holding my breath.
 
Jury is coming in with a verdict right now. You can follow on Twiter with Dan Noyes. (Unfortunately I have to get to a meeting, or I'd post the verdict.

http://twitter.com/dannoyes
 
Not guilty on the felony.
Not Guilty on the first misdemeanor operating under the influence charge.
3rd misdemeanor count jury is deadlocked, 11-1 to acquit.
 
count 2 -- not guilty, operating under the influence
2 minutes ago from web
tha's the felony
2 minutes ago from web
verdict count 1-- not guilty.
3 minutes ago from web
Hands them to judge; he's reading.
3 minutes ago from web
Foreperson hands the forms to bailiff
 
NOT GUILTY 1st two counts. Mistrial on 3rd count, as jury could not unanimously agree.
 
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