If there was ever an airline pilot that could be charged with manslaughter due to blatant disregard for safety, it is this Captain and quite possibly the First Officer. Unless the investigation reveals something significant we haven’t seen yet, it is pretty egregious. Those people on the ground should have never been at risk for dying because two ATPs were unable to go- around off an unstable approach. I fly the same airplane doing the same thing and I’ve been struggling to wrap my head around it since it happened.
I don’t think this is a good criminal case, at all.
Simplified, they found themselves high and fast and what was to follow was a bunch of horrible decisions and confusion.
In a legal setting, a jury would learn that FAA provides very vague guidance and airline policies that don’t have the force of law. The FAA only
encourages the “stabilized approach concept”. Increasing AOA results in decreased airspeed …
unless it doesn’t and results in an increase in altitude. Think about all of the “common sense” aspects of piloting and then think about all exceptions.
A defense attorney would oversimplify and it would be surprisingly effective.
Have I found myself a bit high and fast and salvaged an approach? We all have. Have I landed long as a result of less than amazing piloting? Of course, we all have. Of course, we know the limits of our mediocre decisions, these guys don’t.
CRM, what’s the legal standard? Captains are used to FO’s saying dumb stuff. Maybe that’s rare in the 121 world, it’s not rare in my world.
I think succesfully prosecution of pilots is going to gravitate towards events prior to take-off. Checklists, sterile cockpit, respecting lights, signage, and markings.