I just read D.A. Hopkins' open letter regarding the Dinius case. While I am pleased that Mr. Hopkins will be dropping the manslaughter charge, he dismisses the real cause of the collision and death of Lynn Thornton – Russell Perdock was operating his boat at an unsafe speed. And he doesn't even address the forensic evidence that shows the sailboat's running lights were on, or questions raised about Perdock's access to evidence as a deputy sheriff.
California boating law requires that “in times of restricted visibility such as in fog, stormy conditions or nighttime operation, you must be able to stop your vessel within half the distance of forward visibility.” Mr. Hopkins says that the speed of Perdock's boat cannot be proven. Is he serious? Forensic analysis by an accident reconstruction expert, considering the damage to the two boats, and the fact that Perdock's boat ran over the top of the sailboat, could clearly conclude his boat had to be traveling in excess of 30 miles per hour. Even the Lake County's Sheriff's department will not go that fast on the lake at night, as it is clearly unsafe, especially when trying to distinguish boat lights from the background lights on shore. Whether it was going 30, 40 or 50 miles per hour, he clearly violated California boating law, resulting in the death of an innocent person. Furthermore, anyone who has ever been aboard a sailboat in very little wind realizes that there is nothing a sailboat skipper can do to avoid a collision with a powerboat moving 10 to 20 times faster. Mr. Dinius' blood alcohol and his ability to act or react in this situation could not have changed the outcome under any circumstances.
Since Mr. Hopkins is dropping the manslaughter charge, perhaps he would publish another open letter, detailing the forensic work that was done to determine the speed of Perdock's boat at the time of impact. To dismiss this with a simple “We cannot prove the speed of the motorboat” statement does nothing to redeem the perception of good ol' boy justice in Lake County.
Jim Norman lives in Lake Forest.