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Judge Sets Trial Date for Drunken Pilots

Aired August 05, 2002 - 14:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

KYRA PHILLIPS, CNN ANCHOR: A judge in Miami grounds two former pilots accused of drinking then almost flying.
CNN's Mark Potter joins us from outside the courthouse with more on what happened inside -- Mark.

MARK POTTER, CNN CORRESPONDENT: Hi, Kyra.

Well, today the judge set a trial date for Thomas Cloyd and Christopher Hughes the two former American West pilots, that trial date now October 21. The judge, David Young, also imposed a very strict travel restriction on the two men, putting limits on them as they await the trial. They can go back to Arizona to their homes, but that's it. They can't travel anywhere else except to Miami for court hearings. They also have to surrender their passports, and they have to check in with the court once a week.

In imposing these tough conditions, the judge said the two men face serious charges.

(BEGIN VIDEOTAPE)

POTTER (voice-over): The two America West pilots were arrested July 1 and taken to jail in handcuffs. Forty-four-year-old Thomas Cloyd and 41-year-old co-pilot Christopher Hughes are accused of operating an aircraft while intoxicated. If convicted, they can face up to six years in prison. Both have pleaded not guilty.

Prosecutors say events leading to the arrest began at this Miami area sports bar about an hour before midnight, June 30. According a law enforcement source, about a half dozen people, including the pilots, ordered the equivalent of 30 beers, a martini, and a hamburger. The receipt shows that co-pilot Hughes signed the $142 tab around 4:30 in the morning. Hotel records indicate the men returned to their rooms about an hour afterward.

Fewer than 5 hours later, at about 10:15 a.m., the pilots went through security at Miami's Concourse G but got into trouble with screeners.

MAJ. MIKE HAMMERSCHMIDT, MIAMI-DADE POLICE: Each had a cup of coffee in their hands and attempted to come through checkpoint. The screeners stopped them and advised them they were not allowed to bring the drinks through, at which point they became argumentative.

POTTER: A security coordinator told police that both men had visual signs of intoxication: the odor of an alcoholic beverage; flushed faces; and bloodshot, watery eyes. Nevertheless, the pilots boarded an America West A-319. The jet was pushed back from the gate, ready to take off for Phoenix with 124 passengers aboard.

Alerted by security personal, aviation officials ordered it back to the terminal, where the pilots were given Breathalyzer tests. More than two hours after their scheduled departure, both men were found still to be legally drunk, Cloyd with a .091 reading and Hughes with a .084. Florida legal limit is .08; the limit allowed by the FAA is .04.

ARTHUR KUSHNER, AVIATION CONSULTANT: On top of these guys allegedly being drunk, they slept probably less than four hours to boot. So that just compounds the issue. I don't think that there is any excuse for it.

POTTER: Although both men were freed on bond, they were fired by America West and lost their pilots licenses.

(END VIDEOTAPE)

Now, the defense attorneys say that they might consider a plea bargain somewhere down the road, depending on what the prosecutors have to offer. And they say that once that criminal procedures are over, fully over, they will try get the men's jobs back and to try to have their pilots licenses reissued -- Kyra.

PHILLIPS: Mark Potter, thank you.

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