Laser sniper who hit airliner and copters gets 3 years

[mikea]

CLEVELAND -- A Brook Park man who shined a green laser into the cockpits of airplanes and a helicopter last June will spend three years in prison after pleading guilty to those crimes and separate drug dealing charges.

...a laser hit the cockpit of a MetroHealth Medical Center helicopter flying a patient to the hospital from Elyria.

The helicopter pilot told Cleveland police the area where the laser came from and when a pilot for the police helicopter flew over to investigate, he, too, was hit in the eye by a laser that was coming from a moving car.

Cleveland police stopped the car a short time later and found Dewalt in the back seat with a laser.

http://blog.cleveland.com/metro/2009/01/man_who_shined_laser_into_airp.html

Too bad they added the drug charge. It would be nice if he got 3 years just for the laser attack.

Can somebody look up the case and see if the judge gave a distinct sentence for each count?

 

[rottydaddy]

It's not enough- the court should also order him to endure having that thing pointed into his eye.

 

[KennyFlys]

Good. I'm glad such a sentence was handed down but it doesn't appear to be enough considering it happen four times. I'd have thought the feds would have gone after the guy. Here's a press release for a different matter I stumbled on during a Google search.

NEWARK – A Parsippany man was indicted today on federal charges of interfering with

pilots of a passenger aircraft by shining a hand-held laser into the cockpit and with twice
lying to the FBI about that event and another when he allegedly directed the laser at a
Port Authority helicopter investigating the first incident, U.S. Attorney Christopher J.
Christie announced.​

David W. Banach, 38, faces a maximum statutory penalty of 20 years in prison and a
$250,000 fine on one count of interference with pilots of an aircraft “with reckless
disregard for the safety of human life.” Banach also faces maximum penalties of five
years in prison and a $250,000 fine on each of two counts of making false statements to​

law enforcement officers.

This guy was facing much worse for one occurrence. Here's his indictment. But, what does he get?

NEWARK – A Parsippany man was sentenced today to two years probation on a federal charge of interfering with pilots of a passenger aircraft by shining a hand-held laser into the cockpit of a plane on approach to Teterboro Airport, U.S. Attorney Christopher J. Christie announced.


U.S. District Judge John C. Lifland also ordered David W. Banach, 39, to forfeit the laser he was used in the offense and all other lasers that he may possess.


Banach pleaded guilty on Nov. 9, admitting before Judge Lifland that on Dec. 29, 2004, he purposefully and voluntarily shined a hand-held laser at an aircraft in the vicinity of his Parsippany home.


The charge to which Banach pleaded guilty – interference with pilots of a passenger aircraft – is a Patriot Act offense, and carries a maximum statutory penalty of 20 years in prison. However, under the advisory U.S. Sentencing Guidelines that Judge Lifland considered in formulating a sentence, Banach faced a sentencing range of about 18 to 24 months. The judge, however, was not bound by the guidelines and was free to impose a sentence above or below that range.

Certainly, he didn't deserve twenty years in prison but only two years probation? Is that enough supervision to deter this person and others from placing aircraft at such risks? I have a hard time believing so.

Here's the Ohio Statute:

2909.081 Interfering with operation of aircraft with laser.

(A) No person shall knowingly discharge a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight.
(B) Whoever violates this section is guilty of interfering with the operation of an aircraft with a laser, a felony of the second degree.
(C) As used in this section, “laser” means both of the following:
(1) Any device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;
(2) Any device designed or used to amplify electromagnetic radiation by simulated emission that is visible to the human eye.
Effective Date: 07-20-2006

For sentencing:

2929.14 Definite prison terms.

<snip>

(2) For a felony of the second degree, the prison term shall be two, three, four, five, six, seven, or eight years.

 

[KennyFlys]

As a side note to a line in the release on his probation, there seems to be considerable lack of understanding of the risks in having a laser pointed at you...

The laser beam flashes illuminated the cockpit, disorienting both pilots and causing them a temporary loss of night vision. It was the government’s position that this loss of vision briefly prevented the pilots from observing the aircraft’s flight instruments and other aircraft in the vicinity.

A couple of the cases I've heard of put pilots out of work for six months due to the damage to their eyes.

Last spring, a green laser was pointed at my plane. Luckily, I looked away when I realized what it was. I don't know how strong the light was but I didn't want to find out. I called it in to TRACON who issued a PIREP and contacted authorities.

 

[gismo]

As a side note to a line in the release on his probation, there seems to be considerable lack of understanding of the risks in having a laser pointed at you...


A couple of the cases I've heard of put pilots out of work for six months due to the damage to their eyes.

Last spring, a green laser was pointed at my plane. Luckily, I looked away when I realized what it was. I don't know how strong the light was but I didn't want to find out. I called it in to TRACON who issued a PIREP and contacted authorities.

While there is certainly an issue with the effect of temporarily "blinding" a pilot in flight the idea that a hand held laser of the type used here (likely an astronomical "pointer" would cause any lasting eye damage at the distance involve is so remote as to be ludicrous unless the recipient was using some sort of significant magnification (binoculars or a telescope). I agree that such activities should have penalties (and yes I think the perpetrator in this offense got off way too light) but IMO pilot's claiming implausible damages only hurt the cause.

 

[KennyFlys]

While there is certainly an issue with the effect of temporarily "blinding" a pilot in flight the idea that a hand held laser of the type used here (likely an astronomical "pointer" would cause any lasting eye damage at the distance involve is so remote as to be ludicrous unless the recipient was using some sort of significant magnification (binoculars or a telescope). I agree that such activities should have penalties (and yes I think the perpetrator in this offense got off way too light) but IMO pilot's claiming implausible damages only hurt the cause.

I don't know at what distance these handheld lasers become a threat but I'm not sure I want to find out. Most of the reports I've seen have indicated aircraft were at lower levels near approach or departure. I'd think approach would be more critical since air crews are more likely to be looking lower in a visual.

One case in California I recall from a couple years ago had the pilot out for several months with expectations of being out for six moths. I don't have any more particulars but would be interested in knowing more. Perhaps Bruce can provide something more about the effects of lasers on the eye.

Also, I have to renew my medical soon. The senior AME I'm using is an ophthalmologist so if I remember, I'll ask him as well.

 

[bbchien]

It's a retinal burn. It does not recover. What you DO recover from is the swelling around the burned area.

 

[KennyFlys]

It's a retinal burn. It does not recover. What you DO recover from is the swelling around the burned area.

Doc, of the typical laser pointers available, at what distance do they become ineffective at causing damage?

 

[gismo]

Doc, of the typical laser pointers available, at what distance do they become ineffective at causing damage?

I had a fair amount of data on that where I used to work. Next time I go there (I'm now a part time "consultant" there) I'll see what I can turn up. Just know that the potential is directly related to the photon flux which decreases as the square of the distance from the source once the beam width exceeds the pupil diameter which IIRC happens at something like 100 ft or less with any laser pointer I've seen. So the flux would be 100 times less at 1000 ft and 10000 times less at 10000 ft. I think that a visible laser that could damage a retina at 10000 ft would burn through flesh at 100 ft. Now if we're talking about IR or UV the potential for damage is much higher than for green or red because your blink reflex won't protect you as well.

 

[RJM62]

I'm not a man prone to using profanity, but when I read about incidents like this I have to wonder what the $%@! is wrong with people.

-Rich

 

[mikea]

Haw, haw!

We wuz soooo high!

Ol' dude wouldda been fine except he didn't now that last chopper wuz da cops!

You know dey never wouldda caught us and wouldda let us go if it wasn't da cops.

Bummer, man.

 

[fgcason]

I'm not a man prone to using profanity, but when I read about incidents like this I have to wonder what the $%@! is wrong with people.

My take on it: In general people have been isolated and protected from reality for so long that they simply do not understand that there are often rather severe and often lethally dangerous consequences of their actions.

Self centered reality disconnect IMO.

 

[ScottM]

I had a fair amount of data on that where I used to work. Next time I go there (I'm now a part time "consultant" there) I'll see what I can turn up. Just know that the potential is directly related to the photon flux which decreases as the square of the distance from the source once the beam width exceeds the pupil diameter which IIRC happens at something like 100 ft or less with any laser pointer I've seen. So the flux would be 100 times less at 1000 ft and 10000 times less at 10000 ft. I think that a visible laser that could damage a retina at 10000 ft would burn through flesh at 100 ft. Now if we're talking about IR or UV the potential for damage is much higher than for green or red because your blink reflex won't protect you as well.

I always took lasers seriously. Back in the middle 80's I was in Albuquerque working on SDI High Energy Laser projects. We had a pretty sweet laser to play with on the Sandia Optical Range. It always amazed me that the contractors would align the optics with a red visible laser, like a laser pointer, while looking straight into the optics and adjusting them until the laser was right into their eyes without any goggles on!

I thought they were nuts then and I still think they are. One of the techs that did this told me it would do no harm. Worse he ever felt was "scratchiness" like sand in his eyes!! INSANE I am sure he was doing damage to his retinas.

 

[gismo]

I always took lasers seriously. Back in the middle 80's I was in Albuquerque working on SDI High Energy Laser projects. We had a pretty sweet laser to play with on the Sandia Optical Range. It always amazed me that the contractors would align the optics with a red visible laser, like a laser pointer, while looking straight into the optics and adjusting them until the laser was right into their eyes without any goggles on!

I thought they were nuts then and I still think they are. One of the techs that did this told me it would do no harm. Worse he ever felt was "scratchiness" like sand in his eyes!! INSANE I am sure he was doing damage to his retinas.

I agree with that. Even the dimestore presentation pointers come with a warning label advising against "staring" at the direct beam. And any time you pass an otherwise safely viewable laser through optics the beam could easily be focused to a small enough area on one's reticle that permanent damage could occur (assuming the laser's exit beamwidth hasn't been deliberately expanded to a safe flux level). With visible lasers a key part in the "safe" power density limits is the human's blink reaction. If you override that you can easily increase your exposure to unsafe levels.

 

[bluesky74656]

Here's the Ohio Statute:
2909.081 Interfering with operation of aircraft with laser.

(A) No person shall knowingly discharge a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight.
(B) Whoever violates this section is guilty of interfering with the operation of an aircraft with a laser, a felony of the second degree.
(C) As used in this section, “laser” means both of the following:
(1) Any device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;
(2) Any device designed or used to amplify electromagnetic radiation by simulated emission that is visible to the human eye.
Effective Date: 07-20-2006

That is interestingly worded. On two separate occasions I've been flying at night and seen a bright white light that I instinctively assumed was the strobe light off another plane that was about to hit me. After frantically searching for this other plane, I realized that the light was instead the beam from a flashlight on the ground. On the first occasion I could see the beam as it reflected off dust or moisture in the air.

I don't know if the law was intended to cover flashlights, but it sounds as if it does.