May be a critical factor in the delay. Who knows what was going on between the test and now: grand jury, all sorts of motions.
There was no indictment so I don't think a grand jury was involved. The criminal complaint was only sealed for a few days. The Department of Transportation Special Agent who filed the complaint didn't interview the FO until March 26, 2016.
Mr. Murphy posted a $50,000 bond on April 27, 2016. One of the news articles reported that he had been through rehab after resigning from JetBlue and was working as a substitute school teacher.
I've known of several of these cases in years past where someone who tested positive for drugs and or alcohol was quietly allowed to resign or retire. Of a couple of folks in this category that I knew well, one is sober years later, the other drank himself to death in his forties.
Some legal questions come to mind in this discussion:
Are the feds now going back through the DOT test results and going after those who blew .10% or more in years past? Is it just the folks who resigned or are the ones who cut a deal and entered HIMS still on the hook years later? Does entry to HIMS or going to rehab mitigate the legal consequences?
Is there a relevant statute of limitations for filing these charges?
Do you actually have to fly a sector or is reporting for duty and blowing .10% or over enough for these delayed charges?
I can't think of a case in the past where charges were filed for alleged drunk air carrier flying more than a year later as in the recent JetBlue and Alaska Airlines news stories.