Court Finds In Favor Of Aircraft Owner

Back in November last year, Eric Joe was visiting his parent's home in Modesto, CA, and flew his Hexacopter low and slow over what he says was private property and a shared county access road.

Joe's neighbor Brett McBay had his son blast the $1,500 aircraft out of the sky with a 12-gauge shotgun ... and admitted it to Joe. McBay said he thought it was a "CIA surveillance device."

Joe came up with what he said was a reasonable estimate for the damaged parts ... $700.

Online reports indicate that in an exchange of emails with McBay, Joe tried to be civil. He said he had just built the aircraft, and fortunately the "good news is that the more expensive components (on the inside of the frame) are intact. Stuff on the outside of the frame took the most damage."

McBay disagreed with Joe's estimate on the damages, and said that "we live in the country for privacy. I will be willing to split the cost with you but next time let us know your testing surveillance equipment in our area. I'll drop a check of [sic] this afternoon."

Joe insisted on full payment. He said the onboard GPS on the aircraft clearly showed it was over his parent's orchard when it was shot down, and about 203 feet from the county access road that separates the two properties. He also disputed the characterization of the aircraft as a "surveillance device" as there was no camera installed. "Had there been a camera mounted, the price for repairs would have been an extra $300," he said.

Apparently it was not the first time the McBays had discharged firearms in the direction of the Joe's property, which was also spelled out in the email. One incident left a bullet hole in the Joe's garage door.

McBay then responded that the case matter was closed because Joe's "facts are incorrect."

Cut to small claims court. The Stanislaus County Court Small Claims Division found that "Mr. McBay acted unreasonably in having his son shoot the drone down regardless of whether it was over his property or not."

McBay has not yet made restitution, according to Ars. If he has not paid by the first of July, Joe and his attorney, who is also his cousin, plan to continue their legal effort to have McBay pay up.

McBay has not been available to answer repeated requests for comment from media.

(Hexacopter pictured in file photo. Not incident aircraft)

FMI: https://www.stanct.org/small-claims-division