Sun, Dec 11, 2016
Contends That The Pilot 'Did Not Operate The Aircraft', Which Never Left The Ground
An attorney for the copilot of a Talon Air flight preparing for departure from Cherry Capital Airport In Grand Traverse County, MI on August 25 accused of operating an aircraft while intoxicated says the charges should be dropped because he did not actually operate the airplane.
The Detroit Free Press reports that Grand Rapids attorney Larry C. Willey filed a motion to dismiss the charges late last week. In the filing, Willey said that copilot Sean Michael Fitzgerald "did not operate the airplane," and therefore the criminal charges are inappropriate.
Fitzgerald reportedly had a blood alcohol level of .31 percent when he was removed from the airplane. That is more than four times the level for operating a motor vehicle and 15 times higher than the legal limit for operating an aircraft. Fitzgerald has been charged in federal court with operating a common carrier under the influence of alcohol, which carries a maximum penalty of 15 years in prison.
In his nine-page filing, Willey says that "the undisputed facts demonstrate that (Fitzgerald) did not operate the aircraft on Aug. 25." His argument is based on the fact that there were no passengers on board the aircraft, the engines had not been started, and the door of the aircraft was still open.
“Indeed, the pilot/captain, the person with ultimate control of the aircraft, had determined that the aircraft was going nowhere because of (Fitzgerald’s) intoxication," the motion states.
While Fitzgerald said that he was not intoxicated and that he had not had any alcohol since "having two beers at lunch the day prior," officers said they noted a strong odor of intoxicants on the copilot.
Talon Air fired Fitzgerald after the incident.
More News
Aero Linx: JAARS Nearly 1.5 billion people, using more than 5,500 languages, do not have a full Bible in their first language. Many of these people live in the most remote parts of>[...]
'Airplane Bounced Twice On The Grass Runway, Resulting In The Nose Wheel Separating From The Airplane...' Analysis: The pilot reported, “upon touchdown, the plane jumped back>[...]
"Burt is best known to the public for his historic designs of SpaceShipOne, Voyager, and GlobalFlyer, but for EAA members and aviation aficionados, his unique concepts began more t>[...]
"Polaris Dawn, the first of the program’s three human spaceflight missions, is targeted to launch to orbit no earlier than summer 2024. During the five-day mission, the crew >[...]
There Are SO Many Ways To Get YOUR Aero-News! It’s been a while since we have reminded everyone about all the ways we offer your daily dose of aviation news on-the-go...so he>[...]