Erik D. Jones's Blog

In a bizarre move Friday by Lake County District Attorney Jon Hopkins, the DA posted an “open letter” (read my blog posting about that) in which he announced his intention to dismiss manslaughter charges against Bismark Dinius, the man who was at the helm of the sailboat that Lynn Thornton occupied before she was killed by a speedboat driven by off-duty Deputy Sheriff, Russell Purdock.  In the letter, Hopkins refers to Dinius as a “drunken sailor” and claims that several witnesses did not see the sailboat’s running lights on from shore at the time of the accident (a claim that has been the corner stone of the DA’s case for manslaughter charges and one that has been refuted by countless other witnesses including evidence uncovered by Purdock’s own private investigator).  In response, Dinius’ attorney has filed a motion accusing Hopkins of prosecutorial misconduct.

Dinius’ attorney hopes to get the other charge of boating under the influence (BUI) dismissed.  At a minimum, he will ask the judge to hold the DA in contempt and sanction him.  This move by the DA comes at a very sensitive time as the jury selection has already begun.

The motion will be heard in Lake County Superior Court tomorrow, July 21st.

Bismark Dinius may be in grave debt and jobless as a result of his two-year ongoing legal battle with the Lake County District Attorney, but he has something small to celebrate.  District Attorney Jon Hopkins announced last Friday night in an open letter posted to his Website that he intends to drop the manslaughter charges against Mr. Dinius at the next court appearance currently scheduled for Tuesday July 21st.  Dinius still faces felony boating under the influence charges which still carries a maximum penalty of up to 3 years in prison.  In addition, Hopkins has not ruled out the possibility of charging Dinius with criminal negligence.

According to Channel 7′s I-Team blog, Hopkins’  posted the letter on the Lake County Website after he attached the same letter to an email sent to Michael Hennesey, a major businessman with connections to several County wineries and businesses.  Hopkins also sent copies of the email to all the local wineries and newspapers .  Hennesey has been threatening to boycott not only Lake County wine, but anything made there.

Russell Purdock, the Lake County sheriff who’s boat rammed into the starboard side of the barely moving sailboat killing Lynn Thornton, has still not been charged with any crime.

My Opinion:

Seems as if the Lake County DA continues to have his priorities in the wrong order.   The Hennesey email, the chronology of events and the method by which the DA made the announcement are all circumstantial, but it certainly gives the appearance of impropriety.

Vanguard 15

While returning back to Berkeley Marina from Paradise Cove, I came upon two individuals whose small sailboat had capsized about 1.5 miles east, northeast of Paradise Point.  Similar to the Vanguard 15 , the mast and full main were parallel to the surface of the water.  Conditions at the time were typical for a summer day in San Francisco Bay with 25 knot winds and about 1+ foot waves at the location where the two had overturned their sailboat.  I changed course to intercept them and asked if they wanted assistance.  The younger sailor waived me off indicating that he was OK.  I ignored his refusal for help and remained nearby circling their boat using just my main while my headsail remained furled.

I believe the younger sailor was in his early twenties, while the older sailor appeared to be in his 40′s or 50′s.  Both were wearing life vests and wet suits.  They tried to get their boat upright several times, but each time the other crewmate tried to get into the boat, the boat would capsize again.  After 15 minutes, I notified the Coast Guard via radio of the situation.  I informed them that they had refused assistance but that I felt they were beyond their skill level for the conditions with possible mechanical problems.

After about 20 minutes or more of struggling in the water, both sailors were able to enter their vessel and looked extremely exhausted.  The older sailor asked me to accompany them to Richmond to which I agreed.  Their boat appeared to have some sort of damage and they only had the very small head sail up.  I asked my crew to prepare a line to throw over so that we could tow them back to Richmond.  After updating the Coast Guard about the situation and our intentions, a Marin County Sheriff boat arrived and took charge of the situation.  I confirmed with them that they were going to provide assistance and waited in the area until the Sheriff had successfully attached a line to the small craft and began towing it back to Richmond.  I updated the Coast Guard again and returned on course for Berkeley Marina.

Marin Sheriff and Damaged Vessel

What they did wrong:

• The crew of the sailboat refused help before stabilizing their situation. With 50 degree water, a capsized boat and the wind and wave conditions at the time, the situation could have very quickly turned from bad to worse.  Being in the middle of the Bay by yourself is not the place to be.  Fortunately for them, we remained on the scene to monitor.  They were too far from shore to swim if they had been unable to recover their vessel.
• The crew of the sailboat did not appear to have any kind of radio equipment. My sailboat has a hardwired marine radio and I also carry a small water proof handheld whenever I crew on someone else’s boat.  In my opinion, at less than $100 retail, everyone in the Bay should have a handheld with them at all times.  Fifty degree water and 25 knot winds with a small craft is nothing to joke about.
• The sailboat was probably too small for the conditions and/or the skill level of the crew was inadequate for the conditions. I don’t have any experience with boats of that size or type, but they were probably 6+ miles from Richmond and 1.5 miles from the nearest shore.  Conditions in “The Slot” were 25 knots with 3-4 foot waves.  These confiditons seem well beyond the capability of a boat that size as a 3 foot wave would easily wash over the side and make it very difficult for a skilled crew to keep the boat balanced and upright.

What the crew did right:

• They were wearing PFDs and wet suits. Had they not been wearing PFDs or wet suits, the situation would have turned grave very quickly.  Fifty degree water is nothing to mess around in.
• They asked for our assistance to accompany them back to their marina.  After they finally got back into the boat after 15-20 minutes of strenuous activity, very cold water and a boat with mechanical problems, they were smart to ask for an escort.  Again, not being experienced with boats that size, I can’t say if they could have safely navigated back to Richmond in the conditions at the time, but they were certainly at a disadvantage with the mechanical problems and their cold and fatigue.

What we did right:

• We didn’t leave the scene even when we were waived off. Most of us are embarrassed to ask for help even when the situation has the potential of becoming dangerous.  It’s a difficult thing to have a boat of 8 strangers sail up and admit that you’re in over your head.  I believe I made the right decision to stay and monitor their situation even if they had recovered quickly and proceeded on their way.  All we had to lose was a little time returning home.
• After the other crew was in the water for 10-15 minutes, I called the Coast Guard. Even in a wet suit, hypothermia can begin within 15-20 minutes in 50-55 degree water like we typically have in San Francisco Bay.  Given that the crew was struggling with their boat and equipment, the cold temperatures could have quickly overcome them.  Had the situation turned into a rescue, having the Coast Guard on standby would save time in explaining our position and situation.  And as it turned out, the Marin County Sheriff either monitored the frequency or received a phone call from the Coasties.  Reducing response time and communicating early when we were calm could have been critical.
• We got the boat hook, donned life vests, gloves and got line ready. If this turned into a rescue, the crew was prepared to render assistance.  By donning my life vest, I was in a better position to help recover someone from the water in case the victim pulled me in.  In the future, I would have all members of the crew who were playing a role in a recovery don a life vest if we had the same amount of time.

What we did wrong:

• After the crew of the boat finally recovered their vessel, we began heading back to Berkeley. I should have remained to offer or insist on offering further assistance.  It turned out that the older sailor decided that our assistance was needed and waived us back.  Fortunately one of my crew had continued to watch them and we weren’t but a few hundred feet away before we turned around to pull alongside and discuss their situation.  They had already demonstrated reluctance to ask for help.

Congratulations to the Coast Guard and the Marin County Sheriff’s office for monitoring the situation and providing assistance.  Also, I must congratulate my own crew for remaining calm and helping me monitor the situation.  I always give a safety briefing before we leave the dock and ask everyone to point out situations they are unsure of or think might be unsafe.  In this situation, one of my crew had pointed out the downed sailboat so that I was able to alter course to intercept and assess the situation.