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Flight Intructor kidnapped student

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Old 1st Jun 2018, 15:39
  #21 (permalink)  
 
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A former IASCO employee gives insight into the student training culture and McConkey and Hoser's San Francisco attorneys issue a boilerplate claim of client innocence:

Former IASCO employee shares experience with flight school

by Courtney Kreider

Tuesday, May 29th 2018

REDDING, Calif. — A former IASCO employee is speaking out about what she witnessed in her short time as a dispatcher for the Redding flight school.
The former employee wants to remain anonymous but told KRCR when she heard the audio file that included multiple threats, one coming from IASCO Instructor, John McConkey, the other from the flight school's Director of Administration Kelsi Hoser, it sounded all too familiar.

"Sounds like the language they use in the dispatch office," the woman said adding she started looking for work after two months because of the way they treated the students.
It was Friday, May 25 when Redding police officers say McConkey and Hoser went to student, Tianshu Shi's apartment and told him he was being sent back to China. When Shi refused to leave, he claimed McConkey and Hoser threatened him and attacked him, then took him to the Redding Municipal Airport.

Redding Police received a call from Shi's brother in China who said he was worried about him. McConkey and Hoser were later arrested at the Redding Airport for conspiracy and kidnapping. Both posted bail that same evening.

When asked if either McConkey or Hoser were still employed with IASCO or back at the school Tuesday, a member of their staff, who would not identify himself, said the flight school is "back to business as usual."

Jonathan McConkey is represented by attorney John M. Runfola out of San Francisco and Kelsi Hoser is represented by Naomi Chung, the attorneys released a joint statement that reads:

"Our clients vehemently deny the allegations that have been made and intend to prove their innocence.


In the coming weeks, we will provide you with additional facts, documentation, personal information regarding Tianshu Shi, and information regarding the complexities of training a foreign national post-9/11. This is a very complicated situation involving multiple agencies.

IASCO Flight Training Inc. expelled Mr. Shi early this month for failure to meet the standards set by the Federal Aviation Administration (FAA). Mr. Shi was given every legally
permissible opportunity to successfully complete his training but was unable to demonstrate competency.


He was given ample notice that he was required by law to return home to China upon his expulsion from the flight program.

Mr. Shi’s mother and her attorney have flown in from China in a continuing attempt by Mr. Shi to circumvent American regulations and avoid shame and humiliation at home.

We ask the press and public to withhold judgment, afford our clients their presumption of innocence, their right to be tried in a courtroom and to respect their privacy as this process proceeds."
The former employee doesn't know Shi or the student, Zhang Xun Yi, who has come forward for similar reasons since. However, she remembers a culture of demeaning behavior when she worked there in 2016. She also stated the students do not have much of a life outside of school and it's not in their nature to complain which is why she can't imagine one of them getting to the point of expulsion.

"They don't do anything on the weekends, they don't go anywhere because it is ingrained in them that this is school," she furthered, "They will do anything to please their instructors. They're just young men here to better their lives."

KRCR called IASCO but they did not provide a response to the allegations. Runfola told KRCR over the phone the student was given every chance to complete the flight school before it came to this.
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Old 2nd Jun 2018, 02:06
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Originally Posted by Pumba129
As far as I know, there are some ways to get a visa renewal even if his visa will be invaild.
Even if he is "out of status", only ICE or USCIS are authorized to actually remove the person from the US. Anybody else should not be taking law into their hands.
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Old 2nd Jun 2018, 18:08
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Originally Posted by ethicalconundrum
A student visa may be extended, or approved if the intl student takes on a new course of study from an accredited source. If he washed out of the approved pilot course, he could attend university, and request that his new course of study is within the same guidelines for intl student visa. In most cases, the immigration people will be ok with that, provided it's an accredited school. However, the sponsor in China is likely not going to supply expenses for the new course of study, so he's on the hook for paying tuition, and living.

As for the pilot school admins - I think they are in for a world of hurt from the state. Pretty much everything said on that tape and their actions are going to bury them.
A nonimmigrant visa cant be extended... it is a document that allowes you to enter the country and it only can be issued OUTSIDE of the USA . Stay is determined by other documents, issued by an accredited US school. It is the stay period that can be extended by filing a petition (while within the US).
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Old 2nd Jun 2018, 21:45
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Originally Posted by brak
Even if he is "out of status", only ICE or USCIS are authorized to actually remove the person from the US. Anybody else should not be taking law into their hands.
And even then, usually only after a court order. These people are going to be in jail for a long time.
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Old 3rd Jun 2018, 01:32
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Some background on Shi's immigration status from local media:

IASCO holds students' immigration documents

School officials have refused to comment, but IASCO’s website says it holds its students’ immigration documents while they’re in the United States. That could explain why the male voice in the recording — which police have not confirmed as being McConkey — can be heard telling Shi he's "got your (expletive) passport; you're leaving now." But what's also unclear is whether it's even legal to withhold a student's passport in the United States.The school’s website says that IASCO manages the process that gets students travel visas and TSA security clearance, but that “all immigration-related student documents are safeguarded by IFT for the duration of the student’s stay at the flight school.” It did not say whether passports specifically are part of the deal.

Representatives of the American Civil Liberties Union's Northern California chapter referred questions and comments on this policy to outside immigration experts, who couldn't immediately be reached for comment.

What are international students' rights in the United States?

As for other rights, a Chico attorney who himself was kicked out of flight school when instructors there learned he was not yet a U.S. citizen has some advice for alleged kidnapping victim Shi: Talk to an immigration specialist.

Sergio Garcia's situation was different than Shi's in that IASCO is allowed to train Chinese students. But Garcia says Shi still has rights in the U.S. under the circumstances, despite not being an American citizen.

For one, Garcia said Shi is not deportable until he gets his day in court. Shi can remain in the country to take part in any legal proceedings against IASCO’s general manager and his assistant, Garcia said.

"He does have a right to go to court and confront his alleged kidnappers," Garcia said.

The flight-school students have M-1 visas in order to attend the vocational school, but Garcia said a U visa also is available for crime victims and witnesses who cooperate with law enforcement.

"Even foreign tourists who are injured or harmed have a right to go to court," Garcia said.



https://www.redding.com/story/news/local/2018/06/01/iasco-flight-shool-employees-alleged-student-kidnapping/658005002/

Hoser's attorney Naomi Chung, Esq. says that Hoser was frustrated and aggravated with Shi and that is why she and McConkey used 'strong language'. She was 'set up' with the recording and everything needs to be put in context. And besides, Hoser is a 50-year-old 90-pound Asian female without a gun so how can that be considered kidnapping, Your Honor?

Attorney: Chinese flight student had been expelled, kidnap charges disputed

Mike Chapman, Record Searchlight Published 4:35 p.m. PT June 2, 2018 Updated 4:48 p.m. PT June 2, 2018

More information came to light Saturday in the alleged kidnapping of a Chinese student by two top administrators of a Redding flight school.

The attorney for one of the defendants disputed the abduction charge and instead said the two employees were taking the student to the airport for a flight home to China because he flunked his classes and his visa had expired.

"He was expelled from IASCO because he simply could not cut it," San Franciso attorney Naomi Chung said in a statement provided to the Record Searchlight.


Chung represents Kelsi Hoser, the director of administration and secretary at IASCO. Redding police arrested both Hoser, 50, and IASCO Flight School General Manager Jonathan McConkey, 48, at the Redding Airport on May 25 on suspicion of kidnapping aviation student Tianshu "Chris" Shi.

Shi told police he was taken against his will from his Trudie Trail apartment and put in a van by McConkey and Hoser en route to the airport for a flight to China. Shi contacted a relative in his home country during the ordeal, who then alerted police.
Jonathan McConkey (Photo: Redding Police Department) Shi's mother, who identified herself only as Mrs. Zhu, declined to immediately respond Saturday to Chung's comments. She flew to the U.S. last week to be with her son.

"At present we are looking for a suitable lawyer to help us," she said via email. "We will have a lawyer send a statement for us later."

There are a number of reasons why the flight school wanted to send Shi home, Chung says in her comments that shed light on the case from the defendants' point of view.

Shi has said he had no idea why he was supposed to leave the U.S. and return home. He did say he was grounded for the past two months and wasn't able to fly or train.

According to Chung, Shi's visa to attend vocational school had expired and he was failing at the flight school. In addition, Chung said:
  • Shi failed all of his ground school and first simulator tests.
  • Of his 23 attempted lessons, eight received unsatisfactory grades and 10 were given incompletes.
  • An inability to communicate with air traffic control was flagged as a major safety concern.
Shi has said in a previous interview with the Record Searchlight that he never had an issue with his flight skills, but thinks he was excused from training because of his English.

“I can’t speak English well in life, but I can speak English well with air traffic control,” he told an R-S reporter.

But Chung said Shi's inability to communicate with air traffic control was a major concern. "No one wants an unsafe pilot if something was to go wrong," she said.

Chung said the flight school worked with Shi to improve his aviation skills and provided one-on-one instruction to help him.

Chung also said employees heard Shi had become suicidal and upset.

"It's our belief that Mr. Shi was terrified to return home after failing school," she said.

As for the audio recording believed to be the voices of McConkey and Hoser that Shi recorded before he was taken from his apartment, Chung said that was part of a setup because Shi provided only about three minutes of the conversation that didn't provide the full story.


"The context is everything in this case but he really doesn't discuss what happened prior to that night before," Chung said.

In a previous interview, Shi said McConkey and Hoser visited him late Thursday night and told him to get packed for a flight home Friday.

Chung said the two flight school employees used strong language in ordering Shi what to do because they were frustrated and aggravated with the situation.

"I think everyone wishes they could be more patient at times," she said.

Chung said McConkey and Hoser had Shi, 21, and a second flight student, 24-year-old Zhang Xun "Max" Yi, in the van on their way to the airport and at one point dropped McConkey off at his home.

She said Hoser is a 50-year-old, 90-pound Chinese-American woman who was driving the two young men by herself in an unlocked van without any weapons.

"She's not kidnapping him (Shi). She's just going to send him back home," Chung said.



https://www.redding.com/story/news/2...ney/666584002/
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Old 3rd Jun 2018, 23:49
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Originally Posted by Sunamer


A nonimmigrant visa cant be extended... it is a document that allowes you to enter the country and it only can be issued OUTSIDE of the USA . Stay is determined by other documents, issued by an accredited US school. It is the stay period that can be extended by filing a petition (while within the US).
Well, then the rules have changed since 2004. My bro-in-law came over on a student visa for a course of study in one field at one institution(I will not name either). He quit that course of study, went in a completely different direction, and began attending a completely different advanced and accredited university. I went with him to the Immigration office in downtown LA(twice, two long, full days) and he was re-issued a student visa right there on the spot. We had to take a lot of paperwork, and get a letter from the chair of the dept at the new school, and the Immigration people were just fine stamping him to continue. If it's different now, I guess I will defer to others with more recent experience. Can you share your more recent experience?
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Old 4th Jun 2018, 01:28
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This IASCO fiasco serves as a reminder to all other flight academies specializing in foreign student training that professionalism remains important even when nobody is (apparently) watching. In a professionally staffed and managed organization, standards of behavior and processes for addressing student or staff problems are strictly adhered to. This was an example of how NOT to handle a student with disciplinary or program advancement difficulties.

At the academy where I flight instruct, there is a multi-step process of incremental remedial measures employed to correct student deficiencies of a subject matter knowledge, flight proficiency or behavioral nature. Meeting ICAO English proficiency standards is a BIG part of it and great effort is applied toward achieving this goal by both school and students.

These steps are part of the contractual training agreement entered into with the sponsoring airline and must be adhered to under US contracts law. It is ultimately the decision of the sponsoring airline paying the bills as to whether or not to continue training with a problematic student. It's not a matter of simply becoming frustrated with a student and putting them on a plane home! The school conducts a review board and makes recommendations, which are then presented for review and approval by the sponsoring airline entity. The airlines also have contractual agreements with the cadets, which are governed by applicable laws in their home country.The bottom line is that it's an international business agreement. Professional standards and behavior are required at all times. Clearly this was not the case here!

On a personal note I'd like to add that I admire the effort and tenacity of the international students at our school. Almost all are remarkably motivated and studious young men. They come straight from university to a program in their home country where they receive initial training, assessment and are selected for acceptance. Then they come to the US for the next year plus to go from zero hours to commercial pilot, multi-engine land, instrument airplane plus complete a turbine and multi-crew transition course before returning home for their airline training (a further 6-12 months, but back home) before becoming a line first officer on B737 or A320 aircraft at their sponsor airline. Zero to hero F.O. in under 3 years! Remarkable that they accomplish all this in a foreign (to them) language.

I would also add that most of the flight skill deficiencies I find myself tasked with correcting are attributable to language barrier related issues. During the stress and challenge of flight training, language interpretation and understanding is one of the first things to go. Never has the saying "The airplane is a terrible classroom" been more true than when instructing Asian students. It's not their fault, but it is true nonetheless that this is the biggest challenge with the Asian flight student. However in my view, challenges should be met with innovation and increased effort rather than with anger and aggressive behavior. I hope IASCO makes an effort to do better. And it's a lesson for all flight academies to learn from.

About 700 hours dual given and several ground courses taught to Chinese students in the last year. I'm still learning plenty.
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Old 4th Jun 2018, 07:28
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I suspect pressure will be applied to families etc in China to make all this go away and save face all round. You know the kind, non-issue of a permit so Grandad has to go back to his village, seizure of famiy cars, a niece being kicked out of grade school etc etc until the victims/witnesses quietly drop the whole thing

G
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Old 4th Jun 2018, 13:39
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Originally Posted by groundbum
I suspect pressure will be applied to families etc in China to make all this go away and save face all round. You know the kind, non-issue of a permit so Grandad has to go back to his village, seizure of famiy cars, a niece being kicked out of grade school etc etc until the victims/witnesses quietly drop the whole thing

G
when you have a slam-dunk case it's v hard to get the local DA to drop a kidnapping case..... looks good when he/she runs for Mayor or Governor
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Old 4th Jun 2018, 18:06
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Originally Posted by ethicalconundrum
Well, then the rules have changed since 2004. My bro-in-law came over on a student visa for a course of study in one field at one institution(I will not name either). He quit that course of study, went in a completely different direction, and began attending a completely different advanced and accredited university. I went with him to the Immigration office in downtown LA(twice, two long, full days) and he was re-issued a student visa right there on the spot. We had to take a lot of paperwork, and get a letter from the chair of the dept at the new school, and the Immigration people were just fine stamping him to continue. If it's different now, I guess I will defer to others with more recent experience. Can you share your more recent experience?
the rules are the same. He must have been issued a fresh F1 visa letter however the stamp in his passport remained his old university. He could stay in the USA but if he left for a holiday he would have to go to US consulate to get the visa stamp updated to allow him to re enter. Visa entry stamps cannot be issued while you are in the USA
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Old 5th Jun 2018, 01:49
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Originally Posted by ethicalconundrum
Well, then the rules have changed since 2004. My bro-in-law came over on a student visa for a course of study in one field at one institution(I will not name either). He quit that course of study, went in a completely different direction, and began attending a completely different advanced and accredited university. I went with him to the Immigration office in downtown LA(twice, two long, full days) and he was re-issued a student visa right there on the spot. We had to take a lot of paperwork, and get a letter from the chair of the dept at the new school, and the Immigration people were just fine stamping him to continue. If it's different now, I guess I will defer to others with more recent experience. Can you share your more recent experience?
To supplement what Wannabe Flyer has posted:

There is a difference between the actual visa stamp, and the I-94 arrival/departure record. Long story short, once someone is in the U.S., the visa stamp itself is totally irrelevant.

Long story: a visa is nothing more than permission to apply for admission to the U.S. in a particular status. That status can be immigrant or non-immigrant. Well-known non-immigrant statuses are B-1, H-1, L-1, M-1 and F-1. When the CBP officer at the port of entry determines that you are indeed eligible to enter the U.S. in that particular class, he or she will issue a form I-94 (these days they can be issued electronically as well). The form I-94 shows your status and maximum stay. For example, when I moved to the U.S. on my L-1 visa, my length of stay was always determined by the end-date of my I-129 petition, not the expiration date of my visa.

That I-94 document is very important, because USCIS has the authority to re-issue it. For example, if you enter the country on an L-1, but convert to an H-1, you will get a new I-94 with that. You can stay until the expiration date of that I-94, UNLESS you need to travel outside of the U.S. In that case, you need to get an H-1 visa stamped.

In your case, since you got a new I-94 in the same classification, there was no need to get a new visa stamped: the visa itself was issued for the same class.

Apologies for getting a bit off-topic here, but I think this may be of interest to other folks as well. For those interested in immigration policies etc, the USCIS Field Manual is a good read: https://www.uscis.gov/ilink/docView/.../0-0-0-15.html
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Old 5th Jun 2018, 07:35
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whatever the reasons, the students are entitled to dignified treatment as human beings, and customers as well, would be nice to see IASCO itself have to answer for this..
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Old 5th Jun 2018, 15:11
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I wouldn't be surprised that the sponsor had told IASCO to send the student back. But there are many gradations between eviction and kidnapping that the lawyers will be $orting out.
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Old 6th Jun 2018, 15:41
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Originally Posted by ph-sbe
To supplement what Wannabe Flyer has posted:

There is a difference between the actual visa stamp, and the I-94 arrival/departure record. Long story short, once someone is in the U.S., the visa stamp itself is totally irrelevant.


In your case, since you got a new I-94 in the same classification, there was no need to get a new visa stamped: the visa itself was issued for the same class.

Apologies for getting a bit off-topic here, but I think this may be of interest to other folks as well. For those interested in immigration policies etc, the USCIS Field Manual is a good read: https://www.uscis.gov/ilink/docView/.../0-0-0-15.html
Bingo. We had a non-immigrant visa. The course of study was changed, but it was still a non-immigrant visa. It was extended WITHOUT re-applying for a new visa. Hence - I say, in simplest terms it WAS ''extended". If the terminology is the problem here, I don't want to go down that rat-hole. Bottom line, non-immigrant visa(yes, I know it is the I-94 FORM) can be and was extended.
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Old 2nd Aug 2019, 16:48
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I had a Navy colleague years ago who did a plea deal to avoid felony kidnap charges. He was given a choice of going to prison or going into the Navy. He went into the Navy, they paid to have him finish college and he became an Aviator. His Morehouse roommate, the future actor Samuel L. Jackson, faced similar charges and took the felony rap instead.

IASCO settlement: Jonathan McConkey, Kelsi Hoser plead no-contest to misdemeanors

David Benda, Redding Record Searchlight Published 4:33 p.m. PT March 19, 2019 | Updated 8:57 a.m. PT March 20, 2019

Nearly a year after being accused of allegedly threatening an IASCO Flight Training student from China and forcibly trying to deport him, two former administrators at the Redding school agreed to settle the case Tuesday.

Jonathan McConkey, the school’s former general manager, and Kelsi Hoser, the school’s former director of administration and secretary, pleaded no-contest to misdemeanor charges in Shasta County Superior Court.

McConkey was sentenced to 60 days in jail, which he can serve by electronic monitoring, and three years’ probation.

Hoser was sentenced to three years of informal probation.
Attorneys Naomi Chung, left, and Douglas Rappaport, center, appear in court on Tuesday, March 19, 2019. Former IASCO general Manager Jonathan McConkey stands next to Rappaport. Kelsi Hoser also was in court but is not in the picture. (Photo: David Benda)

“I think it was appropriate,” Douglas L. Rappaport, McConkey’s attorney, said after Tuesday’s plea agreement.

For months, Rappaport had been negotiating with the Shasta County District Attorney’s Office to get the felony reduced to a misdemeanor. McConkey had been separately charged with making criminal threats.

Hoser had been individually charged with preventing or dissuading a witness or victim from reporting a crime.

They were accused of forcibly trying to send 21-year-old student pilot Tianshu “Chris” Shi back to China against his will.

Outside the courthouse Tuesday, McConkey told the Record Searchlight that he is “not some malicious monster.” He was simply trying to reunite a troubled child with his mother.

In court papers, Rappaport alleged that Shi’s mother was so desperate to keep her son enrolled at IASCO that she went to the school’s home office in China and attempted to bribe the company, one time offering up “a brown paper bag filled with cash.”

Shi’s mother also told the home office that her son would commit suicide if he was expelled from the flight school, Rappaport alleged.

“That was one apology I wasn't willing to give if I wasn’t able to do anything,” McConkey said Tuesday.

The anger McConkey can be heard showing in a 3-minute audio tape recorded by Shi and part of an eight-page Redding police investigative report was out of character, IASCO colleagues and a former assistant U.S. attorney, who is McConkey’s friend, said in a motion Rappaport had filed in January to get the charges reduced to a misdemeanor.

Naomi Chung, the attorney representing Hoser, said Hoser would have preferred to see the case go to trial to clear her name, but there was no guarantee and said it was time to move on.

Tuesday marked the end of a case that grabbed national and global media coverage when news broke of McConkey and Hoser’s arrest on May 25, 2018. The two were originally charged in June of kidnapping, first-degree residential burglary and false imprisonment by violence.

McConkey had been separately charged with making criminal threats, while Hoser had been individually charged with preventing or dissuading a witness or victim from reporting a crime.
Kelsi Hoser (Photo: Shasta County Jail)

They were accused of forcibly trying to send 21-year-old student pilot Tianshu “Chris” Shi back to China against his will.

The anger McConkey can be heard showing in a 3-minute audio tape recorded by Shi and part of an eight-page Redding police investigative report was out of character, IASCO colleagues and a former assistant U.S. attorney, who is McConkey’s friend, said in a motion Rappaport had filed in January to get the charges reduced to a misdemeanor.
On the tape McConkey threatens to break Shi’s arm if he did not get into a van so he could be flown to San Francisco for a flight to China.

Rappaport said in his motion that police later obtained a video of the incident “and lo and behold, nowhere on the tape did it show that Chris was ‘violently shoved into the kitchen counter and then to the ground,’” which Shi alleged.
McConkey resigned from IASCO in July. Hoser also no longer works at the flight school. Both also no longer live in Shasta County.

Despite the plea deal, McConkey’s career as pilot is still in limbo.

If he successfully completes his probation, the felony charges will be expunged from his record. A felony conviction would end McConkey’s career as a pilot.



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