JUST SENTENCED >Two drunk America West pilots

Court TV | July 21, 2005

[OnRightOnLeftCoast]

Pilot Thomas Cloyd sentenced to 5 yrs. in prison. Co-Pilot Christopher Hughes to 2.5 yrs in prison. Both also received a gaggle of other conditions when released.

When arrested at the airport prior to a flight Cloyd had a a breath-alcohol reading of .084; Hughes .091. Both over the legal limit for a drunk driver.

The Prosecutor sizzled them because their defense was they did not operate a aircraft, but as he pointed were ready to board it and operate it.

[mcg1969]

Were there no blood tests in this case?

Why the presumption that the prosecutors didn't present evidence?

[A.A. Cunningham]

Sec. 91.17 - Alcohol or drugs.

(a) No person may act or attempt to act as a crewmember of a civil aircraft --

(1) Within 8 hours after the consumption of any alcoholic beverage;

(2) While under the influence of alcohol;

(3) While using any drug that affects the person's faculties in any way contrary to safety; or

(4) While having .04 percent by weight or more alcohol in the blood.

(b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.

(c) A crewmember shall do the following:

(1) On request of a law enforcement officer, submit to a test to indicate the percentage by weight of alcohol in the blood, when --

(i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and

(ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.

(2) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates percentage by weight of alcohol in the blood.

(d) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body.

(e) Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person's qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.

[mcg1969]

I dunno, few drunk car drivers have the opportunity to kill well over a hundred people at once. Seems to me it's reasonable for DUI convictions to be stiffer in mass transit situations.

[mcg1969]

From the article: Witnesses testified the defendants consumed about 28 pints of Sierra Nevada during a six-hour stay at Mr. Moe's cantina in Coconut Grove, Fla., before returning to the Mayfair Hotel at 5:30 a.m.

[KarlInOhio]

It isn't illegal to sit in your car, in the driver's seat, with the engine off if you're drunk, either

Try telling that to the cops. I've heard of cases of people sleeping it off in their cars, but since they had their car keys on them they were "in control of the vehicle" even if the cop didn't see them driving.

[Babu]

I dunno, few drunk car drivers have the opportunity to kill well over a hundred people at once.

Righto! And it could be much worse than that. Drunk flying in and out of any major metro area airport could lead to a crash into building(s) and casualities could be into the many hundreds or worse due to casualties on the ground combined with airline passenger casualties. Not to mention incredible potential property damage on top of it all.

The Court did the right thing. Flying drunk and ferrying passengers is completely intolerable, and a message needed to be sent, and I think it was.

[Babu]

Pingable?

[gg188]

Weren't these boys chugging until about three in the morning?

Yes. They were out snake-ing on those two chicks all night. (If you saw the one who testified you will understand why the pilots were encouraged.) Commerical pilots are notorious horn-dogs.

These guys just happened to have been caught due to a perfect storm of an encounter with gate personnel; imagine how much this occurs.

[gg188]

Weren't these boys chugging until about three in the morning?

And actually, it was FOUR in the morning.

[Paleo Conservative]

How could they possibly thought they could get away with showing up drunk to work to fly airplanes?

[Paleo Conservative]

This is ridiculous. .08 is not very intoxicated. The prohibitionists have been steadily lower the legal limit. The reality is that the vast majority of accidents are caused by people over .18. Talking on your cell phone is the equivalent of driving with a BAC of around .1. These guys should be fired and lose their licenses, etc. But 5 years in jail? This is nuts.

That's the limit for driving a car not flying a $100 million airplane with 150 people aboard.

[OnRightOnLeftCoast]

www.freerepublic.com/focus/news/710880/posts.

The above will explain more at the time of the arrest..arrested in the cockpit. FAA requires 8 hr. gap....more. Some replies to my post seem to be apologists for the low BA reading questioning whether they were drunk. A weak argument. The point is:

The pilots had been up all night = no sleep.

The pilots had drank all night until 0500 = under the effect of drinking, and violating FAA Regs...had flight about 1000.

The had made the pre-flight and the plane pushed back from the gate when recalled by police.

Of all jobs with the responsibility of being ALERT along with the safety of 120+ passengers, a pilot is one of them.

When passenger learned of the arrest, the would not have taken the flight. Gosh, who would!!!

[OnRightOnLeftCoast]

It isn't illegal to sit in your car, in the driver'seat, with the engine off if you're drunk... =========================================================== Try telling that to the cops. I've heard of cases of people sleeping it off in their cars, but since they had their car keys on them they were "in control of the vehicle" even if the cop didn't see them driving.

Your correct. It is called 'PHYSICAL CONTROL' in most states. In car, off road, intoxicated, access to car keys...you've been had.

[mcg1969]

Interesting; I've heard the opposite. (Though that does not contradict what you're saying.) I wonder what a full court press on that concept would produce; i.e., would an appeals court rule that you must indeed demonstrate the intention to operate the vehicle? Clearly, sleeping it off does not constitute that.

[don-o]

How could they possibly thought they could get away with showing up drunk to work to fly airplanes?

I'd bet they had done it before.

[OnRightOnLeftCoast]

Weren't these boys chugging until about three in the morning?

And actually, it was FOUR in the morning.

Actually 0500 as the bar's video showed. Arrived back at their hotel, entered room at 0530.

[kcvl]

These guys should be fired and lose their licenses, etc. But 5 years in jail? This is nuts.

They were about to FLY A PLANE FULL OF PEOPLE WHILE DRUNK! When I board a plane I EXPECT a PILOT TO BE SOBER. They should be in jail for being IGNORANT and putting people's lives in danger. I don't care if they never took off it's only because someone STOPPED THEM before they could get in the air. The jail sentence will send a message to other pilots who think it's okay to fly while DRUNK.

[OnRightOnLeftCoast]

Poster at 2 had answer:

Dumb and Dumber.

Plus the court pointed out during the trial, Cloyd was "Arrogant." Figures.

[Central Scrutiniser]

Good, screw those idiots.

I know Hughes's wife, she is a great lady, but her hubby screwed the pooch.

[OnRightOnLeftCoast]

only being able to eat what they were served on the plane...that'd be unconstitutional..it'd be cruel and unusual punishment..

Eat? Since most lines have ceased with the bag of almonds, maybe starvation would result.