Ex-Virgin Pilot Pleads Guilty to reduced charge
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Virgin Pilot Pleads Guilty to reduced charge
Pilot accused of being drunk pleads guilty to misdemeanor
A former Virgin Atlantic Airways pilot arrested on charges of showing up drunk for work has pleaded guilty to a reduced charge.
Richard Harwell, 55, was arrested Dec. 19 at Washington Dulles International Airport, about 40 miles west of Washington, D.C. At the time, authorities said security screeners smelled liquor on Harwell's breath before the pilot was scheduled to fly 400 people to London on a Boeing 747.
A grand jury indicted Harwell on a felony charge of attempting to operate an aircraft while under the influence. But on July 13, Harwell pleaded guilty to a misdemeanor charge of interfering with the operation of an aircraft.
A Loudoun County courts official said Harwell was sentenced to 60 days in jail with all but three days suspended. Harwell had already served that much time, so he was released. The official said Harwell was given unsupervised probation for one year and had his bond and passport returned.
Harwell's whereabouts could not be learned Monday. Although a U.S. citizen, Harwell lived in the United Kingdom with his wife and two children but was forbidden to leave the United States while the case was pending.
A spokeswoman for Virgin Atlantic said Monday that Harwell resigned from the company in March, and that it would not comment further.
A former Virgin Atlantic Airways pilot arrested on charges of showing up drunk for work has pleaded guilty to a reduced charge.
Richard Harwell, 55, was arrested Dec. 19 at Washington Dulles International Airport, about 40 miles west of Washington, D.C. At the time, authorities said security screeners smelled liquor on Harwell's breath before the pilot was scheduled to fly 400 people to London on a Boeing 747.
A grand jury indicted Harwell on a felony charge of attempting to operate an aircraft while under the influence. But on July 13, Harwell pleaded guilty to a misdemeanor charge of interfering with the operation of an aircraft.
A Loudoun County courts official said Harwell was sentenced to 60 days in jail with all but three days suspended. Harwell had already served that much time, so he was released. The official said Harwell was given unsupervised probation for one year and had his bond and passport returned.
Harwell's whereabouts could not be learned Monday. Although a U.S. citizen, Harwell lived in the United Kingdom with his wife and two children but was forbidden to leave the United States while the case was pending.
A spokeswoman for Virgin Atlantic said Monday that Harwell resigned from the company in March, and that it would not comment further.
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As predicted on the earlier thread, he copped a plea to avoid the felony charges:
Plea Deal Reached By Pilot
Captain Accused Of Alcohol Use
By Maria Glod
Washington Post Staff Writer
Tuesday, July 20, 2004; Page B01
A former Virgin Atlantic Airways pilot accused in December of trying to fly a Boeing 747 after drinking alcohol has pleaded guilty in Loudoun County Circuit Court to a misdemeanor charge of interfering with the operation of an aircraft.
[redacted], 55, was arrested Dec. 19, shortly before he was scheduled to fly a plane carrying 400 passengers and crew members from Dulles International Airport to London's Heathrow Airport. [redacted] smelled of alcohol and his speech was slurred when he was escorted from the cockpit by a Metropolitan Washington Airports Authority police sergeant five minutes before the plane's scheduled departure, according to court documents.
[redacted], who pleaded guilty July 13, has resigned from his job with the airline and will serve a year of unsupervised probation in London, where he lives with his wife and two children, said his attorney, Thomas C. Hill. Circuit Court Judge Thomas D. Horne also imposed a six-month jail sentence and suspended all but three days, which [redacted] served after his arrest, Hill said.
Assistant Commonwealth's Attorney Stephen Sincavage said there was evidence that [redacted] had alcohol in his system, but he said prosecutors could not prove that [redacted] took any action to operate the plane before his arrest. [sitting in the cockpit with four stripes on didn't count it seems]
Hill said his client, a U.S. citizen who was ordered to remain in the United States pending a resolution in the case, is pleased that the legal proceedings are concluded. Hill said he does not know whether [redacted], who had worked for the airline for 14 years as a captain and who holds a British pilot's license, will seek work as a pilot again.
"He was one of the most senior pilots at Virgin Atlantic. He resigned from his position, and he has been separated from his family," Hill said. "He certainly has suffered greatly from what has happened."
Hill said he does not know whether [redacted] has returned to London but said, "If he's not there yet, he will be shortly."
A British Civil Aviation Authority spokesman said yesterday that privacy laws prevent him from commenting on the status of any pilot's license.
[redacted] was arrested after a Dulles security employee reported smelling alcohol on the pilot's breath, airport officials have said. According to court documents, a breath test given to [redacted] showed a blood alcohol level of 0.11, more than twice the limit set by federal regulations.
The police sergeant who approached [redacted] in the cockpit said that [redacted] stumbled as he left and that his eyes were bloodshot, according to court records. [redacted] initially was charged with operating an aircraft under the influence of alcohol.
The flight was canceled after [redacted]'s arrest, and the airline offered passengers overnight hotel accommodations before flying them to London the next day. Passengers also were given vouchers for a free trip anywhere the airline flies.
After [redacted]'s arrest, a Virgin Atlantic spokeswoman said [redacted] had had a "stellar reputation" with the airline. He was placed on administrative leave with pay but resigned in March.
Federal Aviation Administration spokesman Jim Peters said yesterday that the agency, which sets a blood alcohol limit of 0.04 for pilots and forbids them to fly a plane within eight hours of taking a drink, conducted an investigation and forwarded that information to the British Civil Aviation Administration. Peters said he could not disclose the results of the FAA investigation.
http://www.washingtonpost.com/wp-dyn...2004Jul19.html
Plea Deal Reached By Pilot
Captain Accused Of Alcohol Use
By Maria Glod
Washington Post Staff Writer
Tuesday, July 20, 2004; Page B01
A former Virgin Atlantic Airways pilot accused in December of trying to fly a Boeing 747 after drinking alcohol has pleaded guilty in Loudoun County Circuit Court to a misdemeanor charge of interfering with the operation of an aircraft.
[redacted], 55, was arrested Dec. 19, shortly before he was scheduled to fly a plane carrying 400 passengers and crew members from Dulles International Airport to London's Heathrow Airport. [redacted] smelled of alcohol and his speech was slurred when he was escorted from the cockpit by a Metropolitan Washington Airports Authority police sergeant five minutes before the plane's scheduled departure, according to court documents.
[redacted], who pleaded guilty July 13, has resigned from his job with the airline and will serve a year of unsupervised probation in London, where he lives with his wife and two children, said his attorney, Thomas C. Hill. Circuit Court Judge Thomas D. Horne also imposed a six-month jail sentence and suspended all but three days, which [redacted] served after his arrest, Hill said.
Assistant Commonwealth's Attorney Stephen Sincavage said there was evidence that [redacted] had alcohol in his system, but he said prosecutors could not prove that [redacted] took any action to operate the plane before his arrest. [sitting in the cockpit with four stripes on didn't count it seems]
Hill said his client, a U.S. citizen who was ordered to remain in the United States pending a resolution in the case, is pleased that the legal proceedings are concluded. Hill said he does not know whether [redacted], who had worked for the airline for 14 years as a captain and who holds a British pilot's license, will seek work as a pilot again.
"He was one of the most senior pilots at Virgin Atlantic. He resigned from his position, and he has been separated from his family," Hill said. "He certainly has suffered greatly from what has happened."
Hill said he does not know whether [redacted] has returned to London but said, "If he's not there yet, he will be shortly."
A British Civil Aviation Authority spokesman said yesterday that privacy laws prevent him from commenting on the status of any pilot's license.
[redacted] was arrested after a Dulles security employee reported smelling alcohol on the pilot's breath, airport officials have said. According to court documents, a breath test given to [redacted] showed a blood alcohol level of 0.11, more than twice the limit set by federal regulations.
The police sergeant who approached [redacted] in the cockpit said that [redacted] stumbled as he left and that his eyes were bloodshot, according to court records. [redacted] initially was charged with operating an aircraft under the influence of alcohol.
The flight was canceled after [redacted]'s arrest, and the airline offered passengers overnight hotel accommodations before flying them to London the next day. Passengers also were given vouchers for a free trip anywhere the airline flies.
After [redacted]'s arrest, a Virgin Atlantic spokeswoman said [redacted] had had a "stellar reputation" with the airline. He was placed on administrative leave with pay but resigned in March.
Federal Aviation Administration spokesman Jim Peters said yesterday that the agency, which sets a blood alcohol limit of 0.04 for pilots and forbids them to fly a plane within eight hours of taking a drink, conducted an investigation and forwarded that information to the British Civil Aviation Administration. Peters said he could not disclose the results of the FAA investigation.
http://www.washingtonpost.com/wp-dyn...2004Jul19.html
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Good news!
That's great - hopefully he can now get on with his life.
Whatever happened to that America West crew that actually started taxying out and were called back to the gate? Both were loaded - did they do any time/pay fine?
Whatever happened to that America West crew that actually started taxying out and were called back to the gate? Both were loaded - did they do any time/pay fine?
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Good news! That's great - hopefully he can now get on with his life.
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Have to agree with Hotel Tango and would go further as to say that the book should have been thrown at this man......there is no excuse for attempting to risk 400 passengers lives!
Anyone know whether he has lost his licence?
Anyone know whether he has lost his licence?
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Quite simple really. Whatever he did or didn't do, he is now free to return to the embrace of his family and get back to being a rock in a household that presumably needs him. It is time for him, his family and the rest of us to move on.
Personally I find it quite easy to support/sympathize with someone who finds themself being tried and executed by the media and anonymous forum posters, such as us.
I am glad he is back home with his family. I don't think he needs any more punishment than being denied his ability to sleep under his own roof for the past, what, eight months?
Good for him! I wish him the best - he will need it - the really hard part is probably yet to come back in London.
Personally I find it quite easy to support/sympathize with someone who finds themself being tried and executed by the media and anonymous forum posters, such as us.
I am glad he is back home with his family. I don't think he needs any more punishment than being denied his ability to sleep under his own roof for the past, what, eight months?
Good for him! I wish him the best - he will need it - the really hard part is probably yet to come back in London.
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someone who finds themself being tried and executed by the media and anonymous forum posters
A former Virgin Atlantic Airways pilot arrested on charges of showing up drunk for work has pleaded guilty
A grand jury indicted Harwell on a felony charge of attempting to operate an aircraft while under the influence
Quite simple really. Whatever he did or didn't do,
Yes, I agree also - this man should be allowed to get on with his life now. Sometimes good people do stupid things. That is not to condone the seriousness of what has happened but we should perhaps remember that this is one of our professional colleagues - how many of us might say, there but for the grace of God?
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"has pleaded guilty to a reduced charge" Mr Chips.
Note, there isn't a single mention of alcohol in the charge
If the evidence was so strong, how come the authorities didn't pursue their case, but, instead settled for a "reduced charge"?
It seems, Mr Chips, that the era of the lynch mob is still with us, a characteristic of which is to use misquotes to fit the mob's version of the truth - in an attempt to justify hanging the victim.
"Interfering with the operation of an aircraft" is the actual charge admitted to. No fine, no time served.
Note, there isn't a single mention of alcohol in the charge
If the evidence was so strong, how come the authorities didn't pursue their case, but, instead settled for a "reduced charge"?
It seems, Mr Chips, that the era of the lynch mob is still with us, a characteristic of which is to use misquotes to fit the mob's version of the truth - in an attempt to justify hanging the victim.
"Interfering with the operation of an aircraft" is the actual charge admitted to. No fine, no time served.
Last edited by Frankie; 20th Jul 2004 at 18:12.
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Aah, all the do-gooders of this world, which is probably why there is no real justice anymore. Well I'm sorry gentlemen/ladies, but a commercial airline captain turning up drunk for work I consider an extremely grave offence. He's had his punishment and so be it, but I fail to understand why we should sympathise. And behind the curtain of anonymousity also lies the harsh but honest truth.
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Perhaps some of us don't sympathise but he's done his time and he's now free to go about his business without interference. Just because you don't like the sentence doesn't mean it's wrong or unjust.
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Er why? Did he kill anyone? Was there any independent measure of the level, if any, of incapacitation or the impairment of his decision making capability. Is there any indication that that particular flight would have been operated at a lower level of safety than any other, particularly one with a less experienced or more fatigued pilot at the controls? I think you'll find the answer is no. The offence committed was to arrive at the aircraft over the limit for alcohol. Not murder. Not even attempted murder. Perhaps the Court of Pprune could sentence FGH to ten years for reading The Sun too much? Anyway, don't you have a peedofile [sic] lynch mob to organise?
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...Hotel Tango - the court has ruled: "interfering with the operation of an aircraft". No mention of alcohol anywhere in the ruling - unless you know something we don't?
You could be indicted of any number of charges, but that's not necessarily the same as the finding of a court. An allegation is one thing, the court's eventual ruling maybe (and often is) a very different thing*.
I say again, if your/the evidence is so strong re the alcohol issue, why this?
(*That, BTW, is called "justice", not tree hugging.)
You could be indicted of any number of charges, but that's not necessarily the same as the finding of a court. An allegation is one thing, the court's eventual ruling maybe (and often is) a very different thing*.
I say again, if your/the evidence is so strong re the alcohol issue, why this?
(*That, BTW, is called "justice", not tree hugging.)
'nough said
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If the evidence was so strong, how come the authorities didn't pursue their case, but, instead settled for a "reduced charge"?
I'd like to see some apologies for those who slagged off the TSA for intercepting this guy. As it has been proven, job well done. But I won't hold my breath...
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From your Plea bargain link, amanoffewwords:-
"What Is A "Plea Bargain"?
A "plea bargain" is a deal offered by a prosecutor as an incentive for a defendant to plead guilty.
If every case in the justice system went to trial, the courts would be so overloaded that they would effectively be shut down. Plea bargaining allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial."
"What Is A "Plea Bargain"?
A "plea bargain" is a deal offered by a prosecutor as an incentive for a defendant to plead guilty.
If every case in the justice system went to trial, the courts would be so overloaded that they would effectively be shut down. Plea bargaining allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial."
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What does it take to convince some of you??? This man was noticabely drunk, FAILED A BREATH TEST and was sitting in the cockpit apparently ready to operate the flight. It seem sthat the only thing that the prosecutor would find it hard to prove was his intention to operate the flight
he failed a breath test
He resigned his job
He pleaded guilty to an offence.
Where in all of this is the slightest doubt that he was guilty? He escaped the more serious charge on a technicality. Prosecutors accepted a plea rather than have to try to prove a point of law.
How long will you people keep defending these Pilots? I do agree with "innocent until proven guilty" but
a. He took a plea of GUILTY to a lesser but similar charge
b. Failed breath tests are fairly compelling evidence, as a pilot at LHR may agree.....
he failed a breath test
He resigned his job
He pleaded guilty to an offence.
Where in all of this is the slightest doubt that he was guilty? He escaped the more serious charge on a technicality. Prosecutors accepted a plea rather than have to try to prove a point of law.
How long will you people keep defending these Pilots? I do agree with "innocent until proven guilty" but
a. He took a plea of GUILTY to a lesser but similar charge
b. Failed breath tests are fairly compelling evidence, as a pilot at LHR may agree.....
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At the end of the day, the guy was stupid for turning up at work. If he had a skinful, he should have picked up the phone and called in with a dodgy tum or whatever.
As it is, now he has a criminal record, no job and will be unemployable in this industry ever again. He has lost his livelyhood and his pension. Is that not punishment enough? After all, as someone said, nobody died.
One has to wonder if a few beers were consumed prior to the eight hours 'off' would you be over the limit? The fact that the limit is set so low, probably no-one knows for sure. What happens if you have 3 pints of beer with your dinner and then sleep a normal sleep, report for duty in the morning for an early and get breathalised? Should you be over the limit? Who can tell? I know that you would probably feel absolutely fine but if the machine says you are drunk then you are drunk. Then you can just imagine the headlines in the Sun..."Drunk pilot arrested whilst trying to take off.." or whatever.
I have to say, I feel sorry for the pilot concerned. He was stupid and has paid a big price for that stupidity. The only real way to ensure that WE are not the next headline in the Sun is to ensure that WE don't drink at all before a duty. That way, there will be no chance that the machine will flash a red light! Unfortunately, this is the way this industry is going!
As it is, now he has a criminal record, no job and will be unemployable in this industry ever again. He has lost his livelyhood and his pension. Is that not punishment enough? After all, as someone said, nobody died.
One has to wonder if a few beers were consumed prior to the eight hours 'off' would you be over the limit? The fact that the limit is set so low, probably no-one knows for sure. What happens if you have 3 pints of beer with your dinner and then sleep a normal sleep, report for duty in the morning for an early and get breathalised? Should you be over the limit? Who can tell? I know that you would probably feel absolutely fine but if the machine says you are drunk then you are drunk. Then you can just imagine the headlines in the Sun..."Drunk pilot arrested whilst trying to take off.." or whatever.
I have to say, I feel sorry for the pilot concerned. He was stupid and has paid a big price for that stupidity. The only real way to ensure that WE are not the next headline in the Sun is to ensure that WE don't drink at all before a duty. That way, there will be no chance that the machine will flash a red light! Unfortunately, this is the way this industry is going!