SWA pilot that blew .039

[satpak77]

Just an FYI

1) The prosecutors office on this is the US Attorney's Office out of Salt Lake. He is being charged with a violation of federal law. A "DA" is a District Attorney, who works at the local governmental level, typically responsible for a city who in 99% of the cases prosecutes violations of state and local laws.

2) Once someone is arrested and official reports are made (Airport Police, FBI, etc), laws exist both federal and at state level entitling the public to "open access" to governmental records. In almost all cases, this is how the media gets ahold of stuff.

2b) PACER is a system for the taxpaying citizen to have access to US Court documents. It costs like 8 cents per document. No big deal. For 2 bucks you have access to 25 pages of documents.

http://pacer.psc.uscourts.gov/

3) I think the arrest was made in good-faith by the law enforcement people, but the case at the prosecutorial level will not be successfully prosecuted. I can dang near guarantee that the FBI is not going to arrest an airline pilot first and ask questions later. Most federal agencies cannot take a leak without sending a memo up the chain of command asking for permission. They 99.9% chance first called the duty AUSA and told them the situation, and based on that, they were instructed to take him into custody. However, a later review of the overall facts and elements of the violation, will likely result in a failed prosecution.

 

[dogtown]

Our country continues to devolve through feminization and massive influx of those that have entered our country from areas of the world with very different standards of "law" and fairness. Our English system of law is different than most by differentiating between civil matters and criminal matters. Traditionally in the US, events that were once considered accidents and unfortunate occurances are now being considered criminal. A jury comprised mostly of women and "disinfranchized" individuals who have a low level of education and respond mostly to emotion, revenge, and class envy are easier to convince to hang a defendant. It would be about as fair as standing trial on Oprah's show and her audience serving as the jury. These are the same jurors that have been handing out ridiculous civil judgements for years. God help those that have to be judged by a typical jury now days.

If the Southwest guys that plowed out onto Central Ave had done that in Guadalajara, they would be spend the next 10 years in a mexican federal prison getting their meals through a tube from a guy named Raul. They could get the sentenced commuted with the right political donation. Look at Mexico now to see where we are going in the future.

To make sure that America stays on the same, downward course, make sure that you and all of your friends vote Republican..........or Democrat.

What do you think the guy who wrote this would have blown; .16, .17?

 

[apache]

What do you think the guy who wrote this would have blown; .16, .17?

The better question is WHO you would have blown, dogtown. Grow a pair.

 

[dogtown]

The better question is WHO you would have blown, dogtown. Grow a pair.

Wow...

 

[Skyboy722]

I smell what you are stepping in and I can only agree with you to a certain extent. Sure law enforcement screwed the pooch on this one, but none of this would have happened had he not given them probable cause to administer the test and then proceed to blow a .039. Reap what you sow. I have a hard time sympathing with this guy and his reputation.

Right or wrong, moral obligations aside, it is not illegal to come to work and blow a .039. I know, I know, it's darn close and blah blah blah, and I agree. But I'd be pi$$ed if was going 60 mph in a 60mph zone and got a ticket anyway because I was "almost" speeding... and then got my picture in the paper.

 

[apache]

For some of you out there, I told you so.

U.S. Pilots May Face Charges In Brazil Midair

Brazilian authorities are contemplating manslaughter charges against two U.S. pilots after details of their aircraft's collision with a GOL Airlines Boeing 737 emerge. The U.S. pilots were able to land their Embraer Legacy 600, which sustained visible damage to a winglet and horizontal stabilizer, at an air force base after the collision at 37,000 feet over the Amazon. The 737 crashed, killing all 155 aboard. Reports out of Brazil Wednesday said authorities in that country are alleging that the Legacy's transponder was turned off (foiling collision-avoidance systems on both aircraft) and the crew did not comply with an air traffic control directive to descend to 36,000 feet. Authorities seized the passports of the American pilots, Joe Lepore and Jan Paladino, as the investigation continues.

The Legacy was new and was being flown from the factory to New York for delivery to its new owner, ExcelAire Service. Jose Carlos Periera, the head of Brazil's airport authority, told Reuters it's not known why the transponder wasn't working but suggested it had been deliberately turned off. "It's very unlikely that a plane leaves the factory with that problem," he said. The NTSB is assisting with the investigation.

This story is from Avweb.

 

[FN FAL]

Why not? I mean if he can find an attorney willing to accept the case on a contingency basis what does he have to lose? If I were unfairly arrested or even publicly accused of a crime that I did not commit I'd at least attempt to find someone to take the case on a contingency.

Contingency? Since when do criminal cases have a contingency? If a defendant loses a criminal case, they go to jail. If they win a criminal case they are found "not guilty". Where does contingency fit into this?

With criminal cases, you have two choices...one is to pay an attorney out of pocket, the other is to rely on a court appointed attorney who is serving out his or her little public service dealio. After that, the only contingency is smoking hope dope that a higher court will accept your appeal.

 

[aussiefly]

Contingency? Since when do criminal cases have a contingency? If a defendant loses a criminal case, they go to jail. If they win a criminal case they are found "not guilty". Where does contingency fit into this?

With criminal cases, you have two choices...one is to pay an attorney out of pocket, the other is to rely on a court appointed attorney who is serving out his or her little public service dealio. After that, the only contingency is smoking hope dope that a higher court will accept your appeal.

I believe that he was reffering to the civil side of the case for example deprivation of liberty and false arrest etc etc.

 

[satpak77]

FYI the SWA pilot's federal case got dismissed back in Sept, and was "referred for state prosecution"

that aspect has yet to get started to my knowledge and prob will not, since he did not meet the state requirements for a prosecution.

 

[Porch]

Beer

You guys know that this guy got hired cuz he is a cool guy. He likes to drink, and proud of it. His buds that recommended him love him cuz he's cool and loves to drink heavily before flights. Just a super fun guy. That's how you get hired as SWA. Get to know people on the inside, buy them drinks. Get your type. Your in. Don't bother being a super guy with a solid background. Go out and smash your car while your drunk, get a DUI....That's how you get on at SWA!