A Strange Case of Justice

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Doryman

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I am not sure if this has been mentioned here before, but IAC here is a link to a Boat/US story about the sailboat driver who is being charged with DUI in an accident in which his boat was hit by a go-fast boat traveling at 40+, driven by a local cop. Multiple injuries and a fatality resulted. The trial appears to be an amazing and appalling miscarriage of justice.

http://www.boatus.com/seaworthy/justice.asp

Warren
 
What an obvious sham! And a cop, no less, using the system to shift responsibility to the other party (the victim, really) to avoid civil financial liability and criminal responsibility!

We used to sail a weekend regatta over there on Clear Lake, out of the Konocti Harbor Resort with the Small Boat Racing Association (SBRA). The resort has big time, recognizable name performers on weekend nights. Hundreds and hundreds of people come from all over the lake, maybe 200-300 of them in go-fast boats. Lots of them get really drunk and obnoxious. (The language is awful!) When the concert's over, they pile into their hot-rods, and go screaming off at 50-70 mph across the lake to their cabins with their navigation lights off!

The Sheriff's Department knows this, but ignores it, even though they'll stop and ticket you for a mere outdated vessel registration sticker during the day. (!)

The cop knows this, knows the hazards of go-fast boating at night, but dumps the blame on his hapless victim, manipulating the system.

Justice?

I say dump him in the lake at night with a lighted life vest and run him over with his own boat! Justice served! Screw the bastard!!!

Joe. :amgry
 
Wow. There are so many inconsistencies and questionable investigative procedures noted in that article; his own dept should not have been allowed to handle the blood draw, evidence, intitial investigation etc. that it taints the entire outcome and it appears a cover-up or similiar was conspired to. Based on that article, even I'd have to have reasonable doubt about the sailboat skipper's culpability.
 
Could it possibly be more obvious? Unreal...where is Internal Affairs?
 
Sea Wolf":k74rv6lj said:
What an obvious sham! ...


The Sheriff's Department knows this, but ignores it, even though they'll stop and ticket you for a mere outdated vessel registration sticker during the day. (!)

The cop knows this, knows the hazards of go-fast boating at night, but dumps the blame on his hapless victim, manipulating the system.

Justice?

I say dump him in the lake at night with a lighted life vest and run him over with his own boat! Justice served! Screw the bastard!!!

Joe. :amgry
Click to expand...

Joe, your umbrage is well justified, but I would recommend that the people involved force the system to work for them. It would be poetic to see the officer lose his badge, then spend time in the penitentiary for manslaughter. My suspicion is that the end result would be the same as having him run over by his own boat.
 
This is such a railroad job it makes you want to contribute to the captains legal defense. It appears he may be screwed anyway in that his BIA was 1.2 but everything else is so obviously misrepresented the BIA may have been altered as well. It's bad enough he lost his fiance now has to deal with this injustice.
 
Charges against Dinius have been dropped, although the DA is still saying the man is guilty.

Nice.

I hope the DA faces charges of his own, because his conduct has been less than professional. Why is it anyone reading of the incident can tell immediately who is likely at fault?

ANybody with any boating experience would know that for a powerboat to climb over a sailboat would require a faiar amount of speed- whether 30 or 60 mph doesn't really matter. It is onvious the Deputy was going too fast for the conditions.
 
Strange thing happen on a daily basis in the world. If you have not every been to Alaska you will find four-wheelers everywhere. They ride on the side of the road on public easements and normally it is of no issue. But, where I live (basically in town) they are still allowed. There are trails everywhere and many times they border the sides of somebody's yard.

So now that you have some background, just down the road from my house a lady that lives on the road has a steep cut bank which she did not create, the highway department did, was successfully sued by a man that lost control of his four wheeler on her property. He didn't have permission to be there and was basically a trespasser, yet still won. It was settled out of court by her insurance company because the cost of fighting what they considered a losing battle outweighed just paying. I wish it would have gone to court because the message the insurance company to sent to fourwheelers is that they can do whatever they want and go wherever they want and the consequences as to what happens to them when they crash will be will someone else's to bear. What a crock.....just as this story is.
 
T.R. Bauer":37z0zmg0 said:
So now that you have some background, just down the road from my house a lady that lives on the road has a steep cut bank which she did not create, the highway department did, was successfully sued by a man that lost control of his four wheeler on her property. He didn't have permission to be there and was basically a trespasser, yet still won. It was settled out of court by her insurance company because the cost of fighting what they considered a losing battle outweighed just paying. I wish it would have gone to court because the message the insurance company to sent to fourwheelers is that they can do whatever they want and go wherever they want and the consequences as to what happens to them when they crash will be will someone else's to bear. What a crock.....just as this story is.
Click to expand...


Welcome to the U.S. tort/legal system. No one's responsible for their own stupidity or actions anymore. It's always "some else's fault".

I see it all the time; it's not his fault he beat his wife, he's an alcoholic, it's a "disease". It's not his fault he stabbed that stranger to death; he's mentally ill. It's not his fault he robbed that store; he's poor, society's keeping him "down" and his mommy didn't breast feed him. It's not his fault he stole all your stuff; he's an "addict". You get my point.

THE SYSTEM is broken. I told my wife when I retire I'm gonna right a book about my career. The title: A Million Reasons Why It's Not Their Fault; A Look At the US Criminal Justice System.
 
So....what was the explanation as to why the Sherrif did not even remember how he got home? That is generally not cause by drinking too much ice tea with sugar.

We have the speed issues on our lake around the Thursday night bass tournements. They run fast to get back to the ramp area, using basically point to point legs of a gps trail. Once off the main channel and back in the creek....which is about a 2 mile long run....often ran by them at speeds over 70 mph in the dark...with motor cycle helments on with face sheilds as to keep their eyeballs in their heads... If you happen to cross that "run-way"..... you just ask for death.

You can hear them coming thanks to the number of them .... Had Les on my boat one night and he made reference to the law and how folks should act on the water... I had to agree with him...but said... Now, that we agree on that....get this boat way out of the channel of this creeek cause in about 2 minutes...it will look like the Nashville Airport but with boats instead of planes. He was amazed.

I know it is not polite to point a spot light in someone's eyes at night... but I have, and I will continue to do so when in the cross hairs of a fast moving boat. No way they can tell that I am there with the dock lights, home lights, yard lights and all that surround the waters. Now, I generally attempt to just light my boat up with both inboard and on board lights....but, when I do not get a course change from the fast boat... generally, that 1,000,000 candle light to the bow of the fast boat coming at me seperates me from the shore line lights and fixtures. Some go past and sadley they have only one finger to wave with...but, I am still alive.

Things should just move much slower at night...and, for the most part they do and it is a great time to enjoy the moon and stars and your friends on the water...but..you have to listen close for the fast boats and protect yourself.

Byrdman
 
As I understand it, Mr Dinius is still charged with DUI boating, resulting in a death, which may carry a penality of 3 years in prision. (unless the DA dropped the charges today). (The Manslauter had a 4 year sentance).

I agree that this is a travisty of justice. Mr Dinius was in a passive role and just happened to have his hand on the tiller. The sailboat was sailing at 5 mph or less. In any marine accident, blame is portioned to both vessels/parties. No question that the sailboat's owner (Weber) and the helmsman (Dinius) were not "maintaining a proper look out". But even if they had seen the power boat, there would not have been an action which would have saved them from being run over.

I agree that the deputy should be charged, and the DA disbared for his role in this case. Maybe Dinius will sue the deputy and DA--But his funds have been severely depleated by legal actions (some covered by insurance) so far.
 
I think the whole thing is pretty messed up and every "fact" that the DA has claimed has a load of question marks accompanying them in my book. I am not even convinced of any of the blood tests as if they are going to lie and manipulate other evidence and deny witness testimony, what is stopping them from falsifying the blood tests. Heck it wouldn't surprise me if the got the stickers backwards on them (accidently of course, wink, wink) and the sailboat operator was the sober one. Ain't it funny that the driver of the power boat can remember that he had only part of a Coors, but can't remember how he got home? Hmm....don't buy it. I hope that justice is serviced in a fair way.
 
Wes Dodd's report seems to have nailed the issue - proximate cause. It is clear that Dinius was intoxicated and should not have been at the helm - but that was not the cause of the death, and there would have been nothing he could have done to avoid the same result even if he had not been intoxicated. The deputy was clearly guilty of reckless conduct, excessive speed for conditions mainly, along with a lot of other violation of rules of the road, which was the cause of the death - which should result in a manslaughter charge for him but for the apparently corrupt politics of the area. But as a caution, there is ALWAYS more to the story than you know, and it is the fact that you don't know (or learn too late) that a lot of cases seem to turn on...
 
I'm sure that the consensus of opinion here is probably right, and that Pat's observation about there being more to the story than we are aware is correct, too.

We'll have to stay tuned and see what further developments occur, although the full truth may remain obscured indefiniely.

My angry shot in the dark, so to speak, was an expression of outrage at the apparent lack of rational due process and not to be taken seriously.

Barber shop mentality, to be sure, but it feels good to get it out and said!

Joe. :teeth :thup
 
There is often more to the story ...

There is usually more to the story ...

But not always!

Sometimes the situation really does turn out to be just as screwed up as it appears.

About 5 years ago there was a drunk politician (State Senator, I believe) who was speeding, and almost certainly drunk. He ran a light and killed an innocent. experience motorcyclist. He then went home and 'sobered up' for several hours before local law enforcement officers were able to obtain a blood or breath sample. Or (wink, wink), they didn't try too hard to find him in the meantime.

Total miscarriage of justice.

Ooops! My mistake -- Pat was right. There was more to the story!

LATER, the state chose to 'honor' the politician by naming a highway after him -- the same highway on which the MCist was killed!

iggy
 
It was North or South Dakota. One of the BIG spenders. :amgry C-Otter
 
Heck, we had a WA. State Supreme Court Justice who committed a multi-car hit & run while DWI...she got off w/ "treatment". :roll: Imagine that....
 
I thought power boats always had to yield to boats under sail??? Ron
 
I am in no way siding with the powerboat but in order to "yield", you gotta be able to "see" them and it looks as if the stern light wasn't working. There were a host of things that the powerboat operator did wrong too, the list is there.

Charlie
 
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