Bismarck Dinius, 40, was in Lake County Superior Court Monday to find out possible court dates.

Dinius is charged with vehicle manslaughter involving a vessel and boating under the influence.

On April 29, 2006, he was steering a sailboat owned by Willows resident Mark Weber which was struck by a speedboat driven by Russell Perdock, a chief deputy with the Lake County Sheriff's Office.

Weber's fiancee, 51-year-old Lynn Thornton, was fatally injured in the crash and died a few days later at UC Davis Medical Center.

The prosecution, led by Deputy District Attorney John Langan, asserts that the boat was under way without running lights and that Dinius had a blood alcohol level of 0.12 that night.

Dinius' Sacramento attorney, Victor Haltom, has argued that the crash, ultimately, was the fault of Perdock driving his speedboat too fast at about 9 p.m., and that the sailboat Dinius was steering did have working lights that were on.

Perdock has not been charged in the case, although he, Dinius, Weber and Thornton's son are involved in a civil suit over Thornton's death.

After a lengthy preliminary hearing that wrapped up in June, Judge Richard Martin ruled that Dinius would stand trial.

On Monday, Judge Robert Crone discussed with the prosecution and defense future court dates.

The parties will meet in November to enter motions in the case to be followed by a trial readiness conference in December.

Dinius' trial is tentatively set to begin on Jan. 13, 2009.

During Monday's proceedings, Haltom indicated he planned to file a motion requesting the charges be dismissed due to insufficient evidence presented at the preliminary hearing. Dinius also waived his right to a speedy trial.

After court, Dinius told Lake County News that he and Haltom are looking forward to the opportunity to confront and question the prosecution’s witnesses in the less restrictive forum that a full-blown jury trial offers.

Haltom indicated that his office would continue examining the activities of law enforcement personnel involved on the night of the incident as well as the investigation that followed.

Lake County News had no opportunity to speak with prosecutor Langan after the hearing.

E-mail Harold LaBonte at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

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Langan?
written by smurf, July 29, 2008

sounds like Hopkins is throwing in the towel already, by deploying the "B" team on this case instead of putting his own head in the noose, how very brave Jon!
Hughes+Dinius = unemployment Hopkins, that's the new math around here!

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yo ho ho ...
written by kd006, July 29, 2008

And a bottle of rum.

"inius' Sacramento attorney, Victor Haltom, has argued that the crash, ultimately, was the fault of Perdock driving his speedboat too fast at about 9 p.m., and that the sailboat Dinius was steering did have working lights that were on."

WTF are they going to reign in Perdock?

The "facts" indicate he hit the sailboat, flew over the top and killed someone! Law is law, charge the correct person (Perdock) not Dinius for this.

:twisted:

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...
written by CobbMt, July 29, 2008

de dump de dump there goes the chump waiting for the word in Co Co County.

With 6 dollars and the Lake County DA badge you can get a cup of coffee.

Then retreat back to the Lake. Where justice is served open faced, like an egg sandwich.

In January when there is little news you will again be on page one all over Lake and Sonoma Counties.

Serving scrambled eggs like the Green Eggs and Ham guy.

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de ja vu
written by cale_page, July 29, 2008

You could almost write one story and just fill in the blanks... Lake County official is involved in felony but not charged... "insert name here" was a victim of this crime because they happened to be the prime suspect. If the perpatrator hadn't been enjoying the lake and maybe a brew or two he would not have been in victims way while they were urgently responding to a crisis that ultimatly ended in the death of this obviouse deralicts loved one. It is the obligation of the elected officials of Lake County to throw money at this case in order to get the public to forget that their friend was involved. Lets stop this criminal before he forgets to turn his lights on at dusk again!!!

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...
written by jazz, July 29, 2008

The question on the minds of folks with an ounce of common sense is:

How can a sailboat get out of the way of a fast moving speedboat? The blood alcohol of the dude at the tiller of the sailboat means squat. Perdock was hauling booty over a pitch dark lake.

KGO already ran reports of the fact witnesses on the shore could see lights on the sailboat.

Lets not forget the mysteriously disappeared blood sample of Perdock that reappeared 24 hours later.

Gotta love Lake County!

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Questions
written by Shores_of_Kabatin, July 29, 2008

Does someone know the location of the sailboat when it was hit? Was it hugging the shoreline for safety reasons since they had been drinking or out in main boat lanes? On the backside of a point? Since the lake is so very large, it is common knowledge that the lake is popular for speed boats. How would this play out if it happened in SF bay with saiboat & ship?

I think both parties are to blame, but the laws are written to go after the "drunk driver", period. I think this is a tragic accident and all parties have suffered enough already. They all have to live with their decisions made on that night! It seems perverse to me that we are dragging this through a trial, & for what - to punish a drunk? It will only bring more grief to all parties involved.

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It works for them
written by James, July 29, 2008

:evil: With out justice the law will always be used by those in power to work their desires. The law and justice are not synonymous in the hands of tyrants. Its justice we weep for. Thats why the Hughes and Dinius case reeks of rotting flesh. I have had all the law,rules,regulations and procedures that Lake County can dish out, now give me justice.

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Horsehocky
written by chacote, July 30, 2008

Dinius and the rest of the sots should have remained dockside that night. Period. EOFS

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Horsehocky 2
written by James, July 30, 2008

Would have, could have, or should have will not change the fact that there were others involved. A life was snuffed out and putting all responsibility on one and none on the other defies reason. With your premise if Perdock had not been in his fast boat and stayed dock side Ms Thornton would be with her friends today. There was two wrongs that night and this legal system is only looking at one side. For sure Dinius is culpable but justice is not only blind but deaf and dumb. Both should have stayed home.

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Horsehocky3
written by Aloha27, July 30, 2008

Bismark Dinius was over the legal limit to operate a motorized vehicle. That is not disputed.

Perdock committed the following crimes in the course of killing Lynn Thornton:

Rule 5 Every vessel shall at all times maintain a proper look-out

Rule 6 Every vessel shall at all times proceed at a safe speed

Rule 7 Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists.

Rule 8 A vessel must taken positive action to avoid a collision

Rule 13 any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

Rule 18 A power-driven vessel underway shall keep out of the way of a sailing vessel.

655 H&N No person shall use any vessel in a reckless or negligent manner so as to endanger the life, limb or property of any person.

So, there's more than just speed. There's a laundry list of crimes perpetrated by Perdock leading up to and causing the death of Lynn Thornton. Of these, excessive speed is the most crucial. (Thanks A_Boater)

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Man up!!!
written by cale_page, July 30, 2008

Sorry if this offends anyone, it shouldn't, but in case it does. what ever happened to being "a man about it". I have always believed in owning up to your mistakes. Responsibility for yourself and your family used to be how a man defined himself. We are supposed to think of our public officials as noble and brave, doing a job that is essential to our way of life and yet mostly thankless. Although, when such a display of cowardace happens it reminds us of the flaws and injustice that is in such a system of government. So much could have been avoided if Perdock would have been "a man" about it. A simple "I made a mistake and I am sorry" would have made him such a better "man" in my eyes than a whiney "its his fault because (insert excuse here)". Its a bad example for our kids but its all to common. "Hey kids, always blame others for your mistakes. And if that doesn't work blame your parents."

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cale page
written by James, July 30, 2008

Hear,hear and hear. Could not say it better. I had always been told the mark of a man over a male was his reaction when he found himself with alligators up to his ass.When those became aware in this government that employees lied and covered up the lies and sided with the employees. I found no problem with that, It always the actions after being aware that determined what they are. Low lifes with a desire to keep the status quo. You that might be offended I could care less. I will write the story again soon.

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Where Does
written by elmerf, July 30, 2008

Potman Brown fit into this equation?

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elmerf
written by James, July 30, 2008

Brown was one that knew employees lied and covered up the lies and with that awearness sided with Mary Jane Fagalde,the former department director. And as we have a system that tolerates the dishonesty of government personnel, you can't talk about it or the grand jury can't give supervisors names of the cheats.The low life could care less that I got the shaft.If its Brown flush it down.

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Not evil people!!
written by fastleft, August 01, 2008

These are not evil people like James keeps talking on and on and on about. I know them and have worked with them over the years and found our Building dept. and our sups(some what) to be honest and very helpful!! ( Mary Jane was lots of help when she was with the county) I have lived in lakeport for twenty years now and can't think of any place better.
Every time you bring these poeple up, no matter what the story is about.I can kind of understand why they did not help you with what ever your problem was. Why don't you tell us what started this mess your in, what ten years ago! :lol:

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fastleft
written by James, August 01, 2008

First of all I never said all that are in this government were evil. I have never said anything to malign any part of Lake count, I live here as well and if I chose could move if I cared to. The who, what, where,when and why has been told more times and as ever someone shows up lacking the info.One more time in a nut shell. Put a house on my property,paid all fees and was passed by thr county.Other contractors told me I had problems with the work that was done. Saw the county and found people willing to cover for the mistake, then the lies started why they could not help and the deeper I dug the worse it got. No greivance form or process to make a formal complaint. I was at the whim of bureaucrats and politicians but no first Amendment right. To this day I have made charges and found a government not eager to look into the malfeasance. Please understand I donot make these charges lightly, in a small community as ours there are toes you will step on that are friends and family of those I accuse and that is the only think I have found hard because I knew I was causing them pain. It has not been ten years, its been going on for six years. Lastly I state to you That I'm willing to swear to what I say and if found out I lie charge me with perjury thats fair.

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...
written by chacote, August 02, 2008

This was not written

by chacote -
Bill Wolfe

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