Yachtsman charged, powerboat driver goes free after collision

3:10 AM Tue 18 Aug 2009 GMT

'Strange Justice' .

Strange Justice: An American yachtsman at the helm of a 27ft sailboat in almost windless conditions has been charged with manslaughter after a 385hp motor boat collided with it on a dark night. The driver of the motor boat, a deputy sheriff and second in charge at the local Sheriff's Department, was not charged. The case is now in the courts and the sailing world is watching.

Bob Adriance, from BoatUS' Seaworthy, who insured the yacht, brings the story:

At approximately 9:30 p.m. on April 29, 2006, five friends on a 27' O'Day were sailing toward their marina on California's Clear Lake. It was an almost moonless night, very dark, with barely a hint of wind. The sailboat was ghosting through the water when a 385 hp, 24' Baja Outlaw with three people aboard sped through the darkness and struck the sailboat's starboard stern quarter.

According to forensic experts, the Baja ramped over the sailboat and crushed the cabin bulkhead, leaving prop marks in the deck. Much of the sailboat's cabin top was torn off and its aluminum mast was sheared completely off at the base. The Baja exited on the port bow. Although the O'Day had rolled heavily to starboard and taken on water, both boats remained afloat. All five people on the sailboat suffered injuries, ranging from cuts and bruises to broken ribs and concussions. A 51-year-old woman, Lyn Thornton, who was the fianc?e of the boat's owner, Mark Weber, died a few days later from her injuries. The sailboat was insured through the BoatU.S. Marine Insurance program.

After a brief investigation by the Lake County Sheriff's Department, 39-year-old Bismark Dinius, who had been at the helm of the sailboat, was charged with manslaughter and faces up to four years in jail. The driver of the powerboat, Deputy Sheriff Russell Perdock, was not charged. Perdock is the number two official at the Lake County Sheriff's Department.

The case is now in the courts. Both parties had consumed alcohol, there are conflicting claims about whether the yacht's lights were on, and a result is expected within about six weeks.

A full account of various arguments of the case can be found by going to the BoatUS website

by Bob Adriance, Seaworthy/Sail-World