Machinbird
Yes, of course, but was it communicated to the original PIC that he was
incapacitated? How does he know he should stop trying to act as PIC? It is
not obvious that he should have recognized he was incapacitated.
Maybe I am being too simplistic, but violation of law requires intent or neglect, doesn't it? Which would apply?
Some here are acting as if the Captain's appearance in Court was a sentencing. It wasn't. It's the formal first step to get the procedural ball rolling on the charges, and that process includes the psych and medical evals. If it's determined that his actions were a medical/psych issue he had no control over and was unaware of his actions, I rather doubt the charges will remain.
As someone has mentioned, it can't be ruled out that the Captain knew he had a disqualifying medical or psychological condition and didn't disclose it as he must during his twice-yearly FAA medicals, or was self-medicating with something not approved. This in itself would constitute a violation of Federal Law and charges would most likely be added to the existing ones if found to be the case. In that situation (where his onboard meltdown was the manifestation of non-diclosure/self-medicating) then you could indeed have scenario where the Captain had a medical issue, didn't know at the time (onboard) what he was doing was wrong, and yet would still be responsible.
In fact, if the investigation shows he was hiding a problem that caused this incident, you can probably expect he will be prosecuted to the fullest extent as an example since much of the medical certification is based on self-disclosure and trust, and being an ATP engaged in common carriage, would most likely be held to the highest standard. You just can't have your airline pilots flying paying pax around out there while hiding disqualifying psychological and/or medical problems.
Those saying "He was obviously sick and out of sorts. This is a medical issue. I can't believe they would charge him, what a lousy system. Shackles? On a pilot? Horrible!" are really just looking for something to be indignant about and focusing on the fact he's a pilot, believing that is grounds enough to set aside process or ignore SOP that goes along with it. I'd suggest taking a breath and let the process take its course.