Facts
On the evening of May 18 1985, the defendant and his friend Peter Maskorich were drinking. They left the bar at around midnight. In the early morning hours, the defendant and Maskorich wound up racing the defendant’s boat in Sacramento River. There were no floatation devices in the boat. At 3am, Gary Bingham heard noise and he went outside and saw a boat with two people inside at the bend in the river. Rodney and Susan Logan who were fishing also saw an aluminium boat with two men in it. The boat had no running lights and it was ...