June 21, 2011
UNITED EXPRESS PILOT FOUND GUILTY OF OPERATING AN AIRCRAFT UNDER THE INFLUENCE OF ALCOHOL
DENVER – Aaron Jason Cope, age 32, of Norfolk, Virginia, was found guilty of operating a common carrier under the influence of alcohol late last week in an opinion written by visiting U.S. District Court Judge John R. Tunheim from Minnesota. The two-day bench trial started on June 6, 2011 and concluded on June 7, 2011. Judge Tunheim’s written opinion finding the defendant guilty was issued on June 17, 2011. Cope was originally indicted by a federal grand jury on March 16, 2011.
According to the indictment, facts presented during the trial, and the written opinion of Judge Tunheim, on December 8, 2009, Cope was the co-pilot and first officer on United Express Flight 7687, a commercial flight operated by Shuttle America, Inc., from Austin, Texas to Denver, Colorado. As co-pilot and first officer, Cope was in a “safety sensitive” position. The captain of Flight 7687, Robert Obodzinski, sat in close proximity to Cope in the cockpit. Obodzinski testified that although Cope appeared to be thinking and speaking clearly, every few minutes during the flight he detected an unusual odor, which he eventually concluded was the smell of an alcoholic beverage. Upon arriving at the gate at Denver International Airport (DIA), Obodzinski leaned over and “took a big wiff.” Obodzinski testified that he concluded that the smell of an alcoholic beverage was emanating from Cope.
According to the facts presented during the trial, Obodzinski contacted dispatch to delay the departing 8:00 a.m. flight until the issue was resolved. While Cope went outside to conduct a post-flight inspection, Obodzinski spoke by phone with the acting chief pilot of the airline, his union representative, and a Human Resources Manager for Republic Airways, the parent company of Shuttle America. Once Cope returned to the cockpit, Obodzinski reportedly told him, “if you have any problem taking a breathalyzer, call off sick and get out of here,” to which Cope replied, “well, I guess I better call off sick then.” Obodzinski was directed by his company to escort Cope to an alcohol testing facility in DIA’s main terminal.
At the testing facility, according to testimony, Cope stated that he had gone to a bar with a friend and also purchased beer from a gas station near the hotel. On December 8, 2011, at 10:33 a.m. Cope was administered a breathalyzer test, which reflected his alcohol content was .094. At 10:54 a.m. a second “confirmation” test was administered, which reflected a .084 percent alcohol content. According to Judge Tunheim’s opinion, Republic Airways, the parent company of Shuttle America, has a “zero tolerance” policy regarding alcohol consumption in safety sensitive positions, and considers a blood alcohol content of .02 percent grounds for termination. The FAA prohibits an individual from acting as a crew member of a civil aircraft while impaired by alcohol, with a blood alcohol content of .04 percent, or within eight hours after the consumption of any alcohol beverage.
“Thanks to an alert pilot, the airline was able to take swift action to remove a drunk first officer from his flight responsibilities,” said U.S. Attorney John Walsh.
Max Smith, Special Agent in Charge of the Fort Worth Regional Office of the U.S. Department of Transportation, Office of the Inspector General, said: “The safety of air travel requires that pilots follow the rules that have been created to protect the passengers that are in their care. Aviation safety is a top priority of the Office of the Inspector General and the Department of Transportation; and, together with our prosecution colleagues, we will vigorously investigate and seek prosecution of those who violate these rules and disregard their responsibilities.”
Cope faces not more than 15 years imprisonment, and up to a $250,000 fine.
This case was investigated by the Department of Transportation Office of the Inspector General, and the FAA, with full cooperation by Shuttle America.
This case is being prosecuted by Assistant U.S. Attorneys Joseph Mackey and Mark Pestal.
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