Expired certificate leads to Manslaughter charge (facing 128 Years)

In other news and with due respect to the resident barrister the statutory maximum is not the guideline range and oh who cares.
 
I'm just being an internet lawyer, so YUGE grain of salt.

Federal sentencing guidelines indicate a maximum sentence for involuntary manslaughter is 6 years (72 months).

The article also says dude is "also charged with 40 counts of serving as an airman without a certificate." (49 U.S. Code § 46317), which has a maximum of 3 years in the klink (per charge?).

So lean towards it's probably 128 months (10¾ years), based on some augmentation to the manslaughter by confidering past incidents, plus the lack of a certificate charge, plus maybe some unenumerated "making false statements" charge(?).
 
Minuteman said:
I'm just being an internet lawyer, so YUGE grain of salt.

Federal sentencing guidelines indicate a maximum sentence for involuntary manslaughter is 6 years (72 months).

The article also says dude is "also charged with 40 counts of serving as an airman without a certificate." (49 U.S. Code § 46317), which has a maximum of 3 years in the klink (per charge?).

So lean towards it's probably 128 months (10¾ years), based on some augmentation to the manslaughter by confidering past incidents, plus the lack of a certificate charge, plus maybe some unenumerated "making false statements" charge(?).
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Well your math may explain the "128 years" if the 40 count sentences are consecutive ? 40 X 3 + 6 = 126 + maybe some other charge...
But that's highly unlikely. I'll follow this case and find out more. I'm like "El Gato" I'm curious now :biggrin:
 
melax said:
It has to be a typo ... must be 128 months and not years..
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Could be years. They mention 40 charges of flying without a pilot certificate. Each of those carries a max penalty of 3 years. Run them consecutively, and you get 120. Add 8 years for the manslaughter charge and you get 128.

Not likely to be the end result, but news stories usually talk about the maximum penalty.
 
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I’m confused with how this post is phrased.

“Expired certificate leads to Manslaughter charge (facing 128 Years)”​


The “expired certificate” is underselling it. He had two accidents, almost a third, and then failed a 709 ride, voluntarily surrendered his certificate, “acknowledging his lack of competence;” He then allowed his Temporary Airman Certificate(student pilot) to expire, “thus further acknowledging his inability to demonstrate to the FAA his competence to fly safely.”
So legally he wasn’t allowed to fly at all, much less give flight instruction.

THEN he goes on to continue flight instructing, and has a third accident that kills the student pilot!

That • is criminal.
 
FlyinSol0 said:
I’m confused with how this post is phrased.

“Expired certificate leads to Manslaughter charge (facing 128 Years)”​


The “expired certificate” is underselling it. He had two accidents, almost a third, and then failed a 709 ride, voluntarily surrendered his certificate, “acknowledging his lack of competence;” He then allowed his Temporary Airman Certificate(student pilot) to expire, “thus further acknowledging his inability to demonstrate to the FAA his competence to fly safely.”
So legally he wasn’t allowed to fly at all, much less give flight instruction.

THEN he goes on to continue flight instructing, and has a third accident that kills the student pilot!

That • is criminal.
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I kinda wonder if the FSDO could have been more proactive here, were they able to pass the word to the school that this dude lost his cert’s?
 
invadertim said:
I kinda wonder if the FSDO could have been more proactive here, were they able to pass the word to the school that this dude lost his cert’s?
Click to expand...

And meanwhile, on certain parts of the internet, there are those that feel it is unfair that potential employers have access to their pilot records, at all.
 
RIP to the student pilot, and my condolences to friends and family of the deceased. Passengers and students place their trust/faith/life in the hands of who they believe will not disappoint. Trust is not an absolute.
 
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