http://iteamblog.abc7news.com/2009/0...e-witness.html

LAKEPORT – A Carmichael man has been found not guilty of felony boating under the influence for a fatal 2006 sailboat crash on Clear Lake.



Bismarck Dinius, 41, received the jury's verdict at about 11:30 a.m. Thursday.




After seven hours of deliberation, the trial's nine-man, three-woman jury found that Dinius was not guilty of felony boating under the influence causing great bodily injury. They similarly acquitted him of a misdemeanor count of boating under the influence.




The jury deadlocked on a third count, boating with a blood alcohol level of more than 0.08. The foreperson said the vote was 11 to 1, with the majority believing Dinius was not guilty.




A relieved Dinius hugged his wife, Roshell, after the verdict.




Dinius' case has unfolded over the last two years. He was charged in the case a year after the fatal April 29, 2006, crash, when he was at the tiller of the Beats Workin' II, owned by Willows resident Mark Weber.




The sailboat was under way at night when it was hit by a powerboat driven by Russell Perdock, an off-duty sheriff's deputy. Weber's longtime girlfriend, Lynn Thornton, 51, died a few days later due to blunt force trauma injuries to the head.




Perdock was not charged but District Attorney Jon Hopkins prosecuted Dinius, alleging that he had a blood alcohol level of 0.12 at the time of the crash and that he had failed in his duty to have the sailboat's navigation lights on. Experts presented by defense attorney Victor Haltom maintained the lights were on.




A full report on the verdict and reactions from the defense and prosecution will follow later today.

I did not expect to read that he was found not guilty of any of the charges. Until I read that the boat that crashing into them was driven by a deputy. It appears that perhaps the guy in the sailboat was charged because the guy at fault was a deputy, but it was too obvious even for the jury to believe.

Short Story

A 24 Baja running at night, no moon, over 35 mph, under 55 mph, hit a sailboat, barely moving, if at all, near the stern.

Person holding the tiller on the sailboat was originally charged with manslaughter, BUI, etc. .

Witnesses and forensic experts disagreed whether the running lights on the sailboat were on.

Manslaughter charges were dropped shortly before trial.

No charges whatsoever were ever filed against the sheriff's deputy piloting the Baja.

sad .hope this never happens again

It will never NOT happen. Very sad. We all just have to be extra careful when we are driving and not be drinking.

What happenend to the good ole days??

+1 on that. I have a zero tolerance policy for myself when i am driving the boat. Its not that hard to stick to. Its a shame when these things happen and alcohol is involved.