Dinius Manslaughter Charge Dropped

But before you think prosecutors have come to their senses, read on. After months — years, really — of stubbornly refusing to drop the ridiculous manslaughter charges against Bismarck Dinius, Lake County District Attorney Jon E. Hopkins announced on Friday his plan to do just that. In an open letter posted on the county’s website, Hopkins maintains that Lynn Thornton’s 2006 death was caused by the supposed drunkeness of Bismarck Dinius, who happened to be sitting at the tiller of a sailboat drifting along in zephyrs on Clear Lake. For reasons not fully explained in the bizarre letter, Hopkins announced he would dismiss the manslaughter charge in court tomorrow, but will continue with the prosecution of the felony BUI "causing bodily injury or death with a prior conviction of DUI." That charge still lays the fault of Thornton’s death soley at the feet of Dinius and could earn him three years in prison.

Hopkins also maintains that he can’t prosecute Russell Perdock, the number two man in the Sheriff’s office — now on "administrative leave" — who rammed his speedboat at an estimated 40-60 mph into the drifting sailboat, because "attempting to convict a motorboat operator of manslaughter, when we cannot prove the speed of his boat and he collides with a sailboat operated by drunken sailors at night without their running lights is not going to succeed." Can’t prove the speed of his boat? Perdock himself has admitted to going 40 mph, and witnesses on shore put his speed higher. Beyond the admission of his speed, it seems to us that forensic scientists should have an easy time of estimating that piece of evidence. 

What’s particularly perplexing about the release of this letter, besides the fact that it was done in the middle of jury selection for the trial, is that in it Hopkins complains that the "media" has led people to believe false facts, and that only what is presented before a jury should be considered. Yet here he is, presenting his version of the facts of the case on the county’s website — just a few months after requesting a gag order from the presiding judge (which was obviously denied).

We clearly have no idea why Hopkins was so unprofessional as to post such a letter at this time, or what his motivations were, but one has to wonder if someone higher up the food chain made a timely phone call. If so, they need to make one more call — to ‘encourage’ him to reduce the BUI charge to its standard misdemeanor status.

In the meantime, folks are rallying in support of Bismarck Dinius — from the steps of the Lake County Courthouse to Alameda YC. John Reimann of the Oakland-based Catalina 36 Y-Knot? reports that the proceeds from Alameda YC’s monthly fundraising dinner last month went to Dinius’ legal defense fund. "We raised a little more than $350," Reimann said. "I hope other yacht clubs will consider doing the same." And as far away as Wayzata, MN, Mark Keifer, founder of the World Ice Racing Circuit, is hosting a fundrasier on July 25 at 7 p.m. If you’re planning a fundraiser for Bismarck, please post the details on our Facebook page.