SWA f/o arrested for intoxication

[satpak77]

guys nobody knows his BAC when he "showed up for duty" because it was not tested at that time. At the time of test, it was .039.

Yes, we can hypothosize (sp?) and theorize that it was .040 or greater back when he showed up for duty, but that is water under the bridge. The BAC reading is recognized by courts as "time of test" not some wild aXX guess of what it could be.

The prosecutor will argue whatever he argues, and the defense will do the same.

However it appears that he did not violate the 18 USC 343 elements, which I am 99% sure he is being charged with. One of which is .10 BAC.

Lets see what plays out. If he tested at .150 BAC, then, case closed. But he did not. He didn't even test at half the federal minimum.

I don't think the Christian Coalition, MADD, the Moral Police, and the anti-abortionists should start posting how disgraceful and stupid this was. I think as adults we all can conclude what we conclude.

Best of luck to him and may we all reset the airline pilot drinking age to 60 years old.

 

[FN FAL]

If they had a national pilots union, hubs could be like a union hall. First guy to show up with a BAC less than .04% gets a trip. If you're over .04% , you gotta wait your turn.

 

[Dangerkitty]

I am in no position to comment on the NWA crew.....the only facts I know are what I saw on TV. I do know that the CA got to finish his career. The FO and SO did not.

Actually A350 you are not correct in regards to the NWA SO. Cecil Ewell the former AA VP of Flight Ops hired him at AA in the 90's. His reasoning was that everyone deserves a second chance.

I flew with a Captain at AA that had this gentleman as his FO and he gave him the whole story.

 

[B190Captain]

Why does this continue to happen??
737

Co-Pilot suspected of intoxication.
By Jennifer Dobner
Associate Press Writer

SALTLAKECITY - A Southwest Airlines co-pilot was arrested minutes before takeoff Sunday, after a security screener reported that his breath smelled of alcohol, authorities said.
Carl Fulton, 41, of Fort Worth, Texas, was booked into the Salt Lake County Jail on suspicion of operating a common carrier while under the influence of alcohol or drugs, a federal offense.
A Transportation Security Agency screener reported to supervisors that the co-pilot's breath smelled of alcohol when he went through a security screening line, FBI spokesman Patrick Kiernan said.
Police administered a breathalyzer test, but the results were not being released Sunday, Kiernan said.
The Boeing 737 was scheduled to depart Salt Lake CityInternationalAirport with 123 passengers, traveling first to Phoenix and then to Albuquerque, N.M. It left 15 minutes late after Fulton was replaced.
The U.S. attorney's office was expected to file charges Monday, Kiernan said. The offense carries a penalty of up to 15 years in federal prison and fines.
Southwest Airlines spokeswoman Paula Berg confirmed the arrest and said Southwest has launched an internal investigation.
Fulton, who is based in Dallas, has worked for Southwest for two years and has no prior offenses. He is on administrative leave pending the outcome of the criminal investigation, Berg said.
Federal Aviation Administration officials will conduct an investigation.

Another fine example of SWA's superior hiring practices.

 

[furloughed dude]

satpak,

I bet you are wrong. He will be convicted based on his show time and metabolized alchohol. Too much national attention and too much pressure to get the conviction. Also, I am sure they have followed up on his whereabouts and witnesses to his drinking. I hope he didn't put it on his visa card, but nonetheless, many bar bills are time stamped. If he was within 8 hours, they will find out. If this went to jury, they would almost certainly agree that his bac was above .04 at the time. I'll bet you a beer.

Bottom line is that this guy bent/broke the rules and was busted. I hope we can all learn something from this. I hope he doesn't get off due to a technicality, he made us all look bad.. You get plenty of time off, if you want to get $hit faced, do it then....

 

[Bavarian Chef]

...don't know if this really works or not, but usually down a few glasses of water after I call it quits. I think it helps flush things out and hydrate.

BUT, I'm not one to really put em down anyway...most of my FAs give me a hard time cause they could drink me under the table.:laugh:

Eat before you hit the rack -- taco hell, jack in the crack, munchies mix if you got it.

Please PM me the names, measurements and cell phone numbers of all of your FAs that are "drinking you under the table." Kinda makes me miss Thailand.

 

[satpak77]

satpak,

I bet you are wrong. He will be convicted based on his show time and metabolized alchohol. Too much national attention and too much pressure to get the conviction. Also, I am sure they have followed up on his whereabouts and witnesses to his drinking. I hope he didn't put it on his visa card, but nonetheless, many bar bills are time stamped. If he was within 8 hours, they will find out. If this went to jury, they would almost certainly agree that his bac was above .04 at the time. I'll bet you a beer.

Bottom line is that this guy bent/broke the rules and was busted. I hope we can all learn something from this. I hope he doesn't get off due to a technicality, he made us all look bad.. You get plenty of time off, if you want to get $hit faced, do it then....

He very well could have violated the 8 hour rule, etc etc. But for FEDERAL CRIMINAL PROSECUTION I don't think its gonna happen.

They can proceed and go to court and 3 years later they will come to the point we are at now, a dismissal or not-guilty verdict.

We have yet to see if the officer using the breathalizer had undergone formal training with the device, or if the batteries were fresh, not old, etc etc.

These were FBI agents, who broke off from their Enron inside trading sales investigation, and Airport cops, who got called away from the Starbucks, who gave the tests. Not the State Highway Patrol DUI task force. Sure, the local $299 Express-Lasik doc could laser your eyes, and it probably will be fine, but the $5000 per eye doc at John Hopkins or Mayo Clinic might do it better.

Maybe the model Breathalizer they used had a service bulletin (yes I am serious) last year and needed extra calibration or a part replaced. Maybe it was not complied with. Etc

LOTS of angles yet to be pursued by a good defense attorney. Thats why a good DUI attorney charges $10,000 to "make it go away." How bad do you need the DUI dismissed? Yes, we take American Express. etc etc

As far as FAA, company regs, etc etc, that is another topic.

Hopefully his attorney at this point told him to stop making statements about grenades of vodka and how he did this and that, etc. NO STATEMENTS. More people have been sent to prison by their own mouth its sad.

Anyway....My position is that a successful federal criminal prosecution is not possible.

 

[A350]

Kitty:

Thanks for the clarification.....I agree that that is what should have happened as the CA got his second chance.....

That Cecil was a one of a kind. Too bad all the VP's of Ops aren't like him.

A350

 

[satpak77]

press picks up on the weak case....

http://www.sltrib.com/utah/ci_4035170

again, we are talking the criminal case

 

[MalteseX]

He very well could have violated the 8 hour rule, etc etc. But for FEDERAL CRIMINAL PROSECUTION I don't think its gonna happen.

They can proceed and go to court and 3 years later they will come to the point we are at now, a dismissal or not-guilty verdict.

As far as FAA, company regs, etc etc, that is another topic.

Hopefully his attorney at this point told him to stop making statements about grenades of vodka and how he did this and that, etc. NO STATEMENTS. More people have been sent to prison by their own mouth its sad.

Anyway....My position is that a successful federal criminal prosecution is not possible.

Agree that the federal criminal prosecution is probably not going to happen.

But, one thing I've learned about the court system in the U.S. -- nothing is open and shut.....In this case, we do not know what is going to happen. Lot's of politics and media potential involved with this case..... and when those ingredients are included; it's anyone's guess how this is going to go.

.039 is below the limit, so no conviction--open and shut. Well not exactly. From the news reports, it is going to a Grand Jury -- in UTAH (of all places). Chances are the jury will include people who do not drink and never have. They will be told he was a danger to the public; he could have killed dozens of people; a potential mass-murderer. They will call the TSA guy a hero; he will testify. He may say he saw staggering; who knows? Anyway, the pilot will not be able to present a defense. Unless a judge throws it out, on grounds that the charges don't apply, the Grand Jury may indict him. Remember, it's a jury of people and people's opinions and views are unpredicatable.

Then it's off to trial. Here he is able to provide a defense. Flip a coin here. Looks to me, according to the law, that it is not prosecutable under Utah law that Satpak posted. However, if the judge doesn't dismiss it, a jury may convict him. Or they may side with him..... Again, it depends on the people on the jury.

While he probably stands a great chance of acquittal on appeal; it will be potentially a big expense to him and a long, embarrassing road for him and for Southwest Airlines.

The problem is that he was below the legal limit, therefore not guilty of the crime he was accused of ---- and people especially other pilots want to defend him; but to do so invites scorn from the public (what, you're defending a potential mass-murdering drunk? So, I bet YOU get drunk too? Right? Oh I bet you just haven't been caught?) So it becomes hard to defend a guy, when you get those questions. His airline and his union are also in the same boat.

It's good he probably won't be going to jail.... but it's bad that he may have to fight that prospect--and that will cost $$$$$ . Remember the prosecutor has absolutely nothing to lose; and a lot of media exposure to gain.