Hate to be this guy

[swampbilly 1980]

Originally Posted by spareparts

if that sail boat was under power, and is classified the same as a power boat, even if he had his sails up, as long as teh aux mototr was running he's a power boat. However, I don't think he was at fault for anything other than being at the helm while under the influence. Funny thing to consider, if it had been a car collision, the "car" that hit from behind is allways at fault, so the speed boat would have been to blame. It does indeed sound like a cover up, it seems that maritine law has been thrown out the window, can't belive the Coats Guard or local marintine authorities haven't taken over the investigation.

I agree spareparts, under power changes things. Motor off, sails up..he is the burdened on vessel.

[Pipe_Dream]

"After seven hours of deliberation, the 12-member Lake County, California jury found Bismarck Dinius not guilty of felony boating under the influence causing great bodily injury. The same jury also acquitted Dinius of a misdemeanor count of boating under the influence and was deadlocked on a third count of boating with a blood alcohol level of greater than .08. Regarding the latter, the vote was 11 to 1 to acquit. Jon Hopkins, the district attorney who prosecuted the case, said the charge will be dropped. Dinius had originally been charged with involuntary manslaughter, but that charge was dropped by the prosecution shortly before the trial. In April, 2006, Dinius had been at the helm of a sailboat that was struck from behind at night by a powerboat that was being driven by Russell Perdock, who was not charged. Perdock is the Lake County Deputy Sheriff.
In an interview with Dan Noyes of ABC News, Dinius said he was relieved and is looking forward going home and rebuilding his life."

from BoatUS update.

[swampbilly 1980]

Whew, 7 hrs. is a long time to deliberate so I'm sure the jury gave it alot of thought. I was curious to know the outcome of this thanks for posting it up.

I was worried that I may have offended someone with one of my posts on this ,I truely hope that I haven't- Sincerely,
Swampbilly

[kraken]

First thing I would do is a change of venue before this trial even started. And why does a boat traveling upwards of 50 mph have absolutly no copability in this accident? Especialy if its so dark you cant see a 27' boat thats obviously straight in front of you.

[swampbilly 1980]

Originally Posted by kraken

First thing I would do is a change of venue before this trial even started. And why does a boat traveling upwards of 50 mph have absolutly no copability in this accident? Especialy if its so dark you cant see a 27' boat thats obviously straight in front of you.

.........Right