737 Pylt
Um....Floats anyone??
- Joined
- Jul 8, 2003
- Posts
- 3,085
By JENNIFER DOBNER
The Associated Press
SALT LAKE CITY - A Southwest Airlines co-pilot accused of being intoxicated
just minutes before takeoff was charged in federal court here Monday.
Prosecutors have charged Carl Fulton, 41, with one count of operation of a
common carrier under the influence of alcohol or drugs. The charge carries a
maximum penalty of 15 years in prison and up to $250,000 in fines.
Fulton made an initial appearance in U.S. District Court on Monday, but did
not enter a plea to the charge.
A preliminary hearing date was set for July 28, although Assistant U.S.
Attorney Michael Kennedy said he intends to take the case to a grand jury,
so the hearing may not be necessary.
Fulton was arrested Sunday morning after a Transportation Security
Administration screener reported smelling alcohol on Fulton's breath at a
security check point. That was about 30 minutes before Southwest Flight 136,
on which Fulton was the first officer, was set to depart from Salt Lake City
International Airport for Phoenix.
Court documents say Fulton told federal air marshals and police he had
consumed two "large beers" at a local movie house that serves food and beer,
and a third drink - vodka - at a bar in the hotel where Fulton was staying.
Fulton said he stopped drinking at 10 p.m. Saturday, according to court
documents.
Airport police administered two breathalyzer tests on Fulton.
In the first test, taken one hour after Fulton was removed from the plane's
cockpit and detained, his blood-alcohol level was .039 percent, court
documents said. In a second test, taken six minutes later, Fulton's
blood-alcohol level was .038 percent.
Daniel Love, an air marshal with the U.S. Marshal Service, said it was
"mathematically not possible to have a BAC of .039 the following day if
Fulton had only consumed three drinks," the documents said.
Federal Aviation Administration guidelines say a pilot is prohibited from
flying within eight hours of consuming alcohol.
The FAA sets the blood-alcohol limit at .04 percent, although regulations
state that if a pilot tests between .02 percent and .039 percent, he or she
is not allowed to work. Regulations also call for a second blood-alcohol
test within 30 minutes of the first test, and say that if the blood-alcohol
range remains the same, the pilot can't work for another eight hours, or
until the level drops below .02 percent.
Federal law provides a presumption of impairment at .10 percent, although
federal prosecutors say that other forms of evidence can be used to prove
impairment in court.
Dallas-based Southwest Airlines spokesman Ed Stewart said the company
subscribes to all FAA regulations regarding alcohol consumption. Fulton
flies for Southwest out of Dallas and has been employed with the airline for
two years.
He has "a perfectly clear record," Stewart said.
Southwest has placed Fulton on paid leave - which prohibits him from
flying - pending the outcome on an internal investigation. What action the
airline may take does not necessarily depend on the criminal proceedings,
Stewart said.
Fulton, of Fort Worth, Texas, spent Sunday night in the Salt Lake County
Jail. U.S. Magistrate Judge Paul Warner released Fulton from custody Monday,
on the condition that he not use drugs or alcohol while the case is being
adjudicated. Warner also ordered Fulton to undergo random drug and alcohol
testing.
FAA officials are also investigating the allegations and interviewed Fulton
on Sunday.
The agency regularly matches pilot's names against DUI data in the national
driver's licenses registry, FAA Northwest Region spokesman Allen Kenitizer
said. The agency also requires airlines to have random testing programs in
place. Between 2000 and 2003, more than 10,200 pilots were tested, FAA data
show.
The Associated Press
SALT LAKE CITY - A Southwest Airlines co-pilot accused of being intoxicated
just minutes before takeoff was charged in federal court here Monday.
Prosecutors have charged Carl Fulton, 41, with one count of operation of a
common carrier under the influence of alcohol or drugs. The charge carries a
maximum penalty of 15 years in prison and up to $250,000 in fines.
Fulton made an initial appearance in U.S. District Court on Monday, but did
not enter a plea to the charge.
A preliminary hearing date was set for July 28, although Assistant U.S.
Attorney Michael Kennedy said he intends to take the case to a grand jury,
so the hearing may not be necessary.
Fulton was arrested Sunday morning after a Transportation Security
Administration screener reported smelling alcohol on Fulton's breath at a
security check point. That was about 30 minutes before Southwest Flight 136,
on which Fulton was the first officer, was set to depart from Salt Lake City
International Airport for Phoenix.
Court documents say Fulton told federal air marshals and police he had
consumed two "large beers" at a local movie house that serves food and beer,
and a third drink - vodka - at a bar in the hotel where Fulton was staying.
Fulton said he stopped drinking at 10 p.m. Saturday, according to court
documents.
Airport police administered two breathalyzer tests on Fulton.
In the first test, taken one hour after Fulton was removed from the plane's
cockpit and detained, his blood-alcohol level was .039 percent, court
documents said. In a second test, taken six minutes later, Fulton's
blood-alcohol level was .038 percent.
Daniel Love, an air marshal with the U.S. Marshal Service, said it was
"mathematically not possible to have a BAC of .039 the following day if
Fulton had only consumed three drinks," the documents said.
Federal Aviation Administration guidelines say a pilot is prohibited from
flying within eight hours of consuming alcohol.
The FAA sets the blood-alcohol limit at .04 percent, although regulations
state that if a pilot tests between .02 percent and .039 percent, he or she
is not allowed to work. Regulations also call for a second blood-alcohol
test within 30 minutes of the first test, and say that if the blood-alcohol
range remains the same, the pilot can't work for another eight hours, or
until the level drops below .02 percent.
Federal law provides a presumption of impairment at .10 percent, although
federal prosecutors say that other forms of evidence can be used to prove
impairment in court.
Dallas-based Southwest Airlines spokesman Ed Stewart said the company
subscribes to all FAA regulations regarding alcohol consumption. Fulton
flies for Southwest out of Dallas and has been employed with the airline for
two years.
He has "a perfectly clear record," Stewart said.
Southwest has placed Fulton on paid leave - which prohibits him from
flying - pending the outcome on an internal investigation. What action the
airline may take does not necessarily depend on the criminal proceedings,
Stewart said.
Fulton, of Fort Worth, Texas, spent Sunday night in the Salt Lake County
Jail. U.S. Magistrate Judge Paul Warner released Fulton from custody Monday,
on the condition that he not use drugs or alcohol while the case is being
adjudicated. Warner also ordered Fulton to undergo random drug and alcohol
testing.
FAA officials are also investigating the allegations and interviewed Fulton
on Sunday.
The agency regularly matches pilot's names against DUI data in the national
driver's licenses registry, FAA Northwest Region spokesman Allen Kenitizer
said. The agency also requires airlines to have random testing programs in
place. Between 2000 and 2003, more than 10,200 pilots were tested, FAA data
show.
