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On October 28 2013, Rogers aimed a laser three times at a Kansas City (Missouri) Police Department helicopter. The pilot had “eye strain” for several hours after the incident.
Rogers was indicted on the laser charge on August 26 2014. He pleaded guilty on September 8 2016 to one felony count.
At sentencing, federal prosecutors said that Rogers had an extensive history of criminal activity including drug and property crimes, which should be a factor in a longer 4-year sentence.
Rogers’ attorney said the sentence should be shorter. While Rogers knew it was illegal to aim a laser at an aircraft, “he had no knowledge of the highly scientific manner in which a laser endangers an airplane.”
In a sentencing memorandum, he attorney wrote “The average person would believe that a laser beam hitting an aircraft would cause a small spot to appear on the aircraft or in the cockpit, much like shining a laser beam at a wall. It is not common knowledge that the laser actually increases with size as it extends, and that the glass of the cockpit can expand the light further, causing it to light up the entire cockpit.”
From KY3.com, the Kansas City Star, and an article by Cyrus Farivar of Ars Technica with additional links to legal materials.
US: UPDATED - Convicted laser offender apologizes, saying he lost everything for three seconds of aiming laser at helicopter
According to an FBI press release, Barry Lee Bowser Jr., then 51 years old, aimed “the beam of a laser at Air-1, a Kern County Sheriff’s helicopter that was providing support to ground units responding to a man armed with a gun. At trial, the evidence established that the mission was diverted when the pilot of Air-1 was struck by direct hits from a powerful green laser that illuminated the cockpit and tracked the aircraft near the approach path to Meadows Field Airport. The laser strikes caused the pilot to experience flash blindness, eye discomfort, and pain that lasted several hours. In imposing sentence on September 28 2015, U.S. District Judge Lawrence J. O’Neill found that Bowser had obstructed justice before trial by concealing the laser and providing false statements to law enforcement and at trial through his false testimony about the offense.”
On September 23 2016, Bowser wrote to apologize, and to describe how his life had been ruined:
I'm writing this letter to apologize to the community of Bakersfield and to the Kern County Sheriff's Department —especially to the flight crew of KCSO Air One, piloted by Deputy Austin.
I was convicted of one count of aiming a laser pointer at an aircraft and sentenced to 24 months in a federal penitentiary, then 36 more months of supervised release for a total of 60 months — five years — plus ordered to pay a special assessment fee of $10,000. I am very lucky the pilot was an expert and highly skilled at piloting the helicopter.
I also want to educate anyone who owns a laser and might be inclined to use it the way I did: Learn from my mistake. I am now just getting out of prison. I have paid dearly, for I have lost my girlfriend, my dog, my home, my vehicle. Everything I owned, everything I have worked for 30 years of my life, is gone.
For shining a laser at a helicopter for three seconds, I lost my entire life. I am now 54 years old and I have no one and nothing but the clothes I was given when I was released from prison.
From Bakersfield.com. Original LaserPointerSafety.com story about Bowser is here. There is a small discrepancy; the FBI said Bowser’s sentence was 21 months while Bowser stated it was 24 months.
UPDATED December 20 2016 — An extensive profile of Barry Bowser’s laser pointer incident, trial, and his life before and after his arrest, was published by Ars Technica. The 4,000 word article by editor Cyrus Farivar describes a convicted criminal and meth addict who said he was trying to go straight and clean.
On the evening of September 11 2014 he was bored and found a laser pointer which had been given to him as a dog toy. The dog soon tired of playing so Bowser aimed at a billboard, and two radio towers before he hit something in the sky — the Sheriff’s Office helicopter. When police arrived, Bowser told them was testing the laser’s capabilities. During his trial in federal court, the case hinged on Bowser’s intent. (The applicable federal law states “Whoever knowingly aims the beam of a laser pointer at an aircraft … shall be fined … or imprisoned not more than five years, or both.)
Prosecutor Karen Escobar said the lasing was done knowingly: “[Y]our common sense tells you there was an aiming because there were direct hits of the aircraft, and there was more than one strike.” Bowser’s public defender said there was no intent — Bowser had not meant to aim a laser pointer at a helicopter. After 4.5 hours of deliberation, Bowser was found guilty.
As stated in Bowser’s September 23 2016 letter, the conviction and jail time was ruinous: “For shining a laser at a helicopter for three seconds, I lost my entire life.”
Farivar’s profile is one of the few in-depth examinations of a laser pointer arrest, conviction and aftermath. His article also links to an annotated transcript of day 1 and of day 2 of Bowser’s trial, and annotated related court documents. Farivar has previously reported a number of stories about laser pointer misuse for Ars Technica.
Case 1: Johnny Alexander Quenga, 28, of Fresno
On March 5 2015, the Fresno Police Department helicopter Air 1 was illuminated by green laser light about six times over ten minutes. One crew member, who had been illuminated by lasers numerous times in the past, suffered temporary flashblindness, afterimages, a headache lasting several hours requiring pain medication, and dizziness. He said the beam was much brighter than in his past experience. The pilot had a momentary loss of night vision, and flew a wide orbit to avoid the beam. The pilot directed ground officers to the location.
However, a patrol car on the way to the suspect’s home was broadsided at an intersection by a Toyota 4Runner. The Jaws of Life were needed to rescue one of the officers. Both officers in the car were treated at a hospital for serious injuries. The officer driving was knocked unconscious, had upper body and leg injuries, and some chipped teeth. The passenger officer had a broken leg and a fracture in his back that may require surgery. (The 4Runner driver and passenger suffered minor injuries.)
The Fresno Police Department car that was broadsided on the way to arrest a man who aimed a laser pointer at an FPD helicopter. Two officers were seriously injured. Photo from YourCentralValley.com.
When officers finally reached Quenga’s home, they found he was listening to police department radio traffic. He said “he could hear everything the officers were saying and knew they were looking for him and [he] had possibly hidden the laser.” Quenga claimed the laser beam came from a house behind him. He further said he worked as a security guard and knew he could lose his job for misuse of a laser.
Prior to this, the longest sentence anywhere in the world for a laser/aircraft incident was four years, handed down in January 2010 to Jamie Allen Downie. For more information, see the page Sentences for laser offenses and click the tags on the left side to find jail terms of 0-6 months, 7-12 months, 13-24 months, 25-36 months, 37-48 months, and over 4 years.
UPDATED June 24 2015: Rodriguez’s 14-year sentence for reckless endangerment was overturned by an appeals court, saying there was no evidence that he had harmful intent as required by the law.
Based on the government’s sentencing recommendation, 8 years of Rodriguez’s sentence were imposed for the laser violation, and an additional 6 years were due to Rodriguez’s prior criminal history of gang affiliation and numerous probation violations.
In addition, the government told the judge that “[s]entencing Rodriguez to a substantial prison term will send an important deterrent message that could not be more timely.”
The government stated at one point that Rodriguez should receive 20 years to life imprisonment based on its analysis, but they would be satisfied with 14 years.
Rodriguez’s lawyer countered that the guidelines had been misapplied and the sentence should be only 57 months (4 3/4 years). The lawyer contended that Rodriguez was in his backyard, playing with the laser to see how far it could go and he had no knowledge of laser/aircraft hazards.
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US: UPDATED - California man sentenced to 14 years for aiming 65 mW laser at Fresno police helicopter
The 14-year sentence is the longest ever imposed for lasing an aircraft, anywhere in the world. Rodriguez’s lawyer unsuccessfully argued that a term of 57 months (4 3/4 years) would be “harsh, but ... is arguably a just punishment.” The previous longest sentence was 4 years for Jamie Allen Downie, sentenced in January 2010.
Sergio Patrick Rodriguez
Federal sentencing guidelines take into account the crime itself as well as the defendant’s criminal history. U.S. District Judge Lawrence J. O’Neill said at sentencing that Rodriguez was “a walking crime spree.” Based on the government’s sentencing recommendation, 8 years of the sentence were imposed for the laser violation, and an additional 6 years were due to Rodriguez’s prior criminal history of gang affiliation and numerous probation violations.
A more detailed analysis of the 14-year sentence is here.
The Rodriguez case began August 25 2012 when a helicopter from the Children’s Hospital of Central California was illuminated by a green laser. Fresno Police Department’s Air 1 was sent to investigate.
It was repeatedly and deliberately struck by the light. The beam was traced back to Rodriguez, now 26, and his girlfriend, Jennifer Lorraine Coleman, 23. Pilots from both helicopters said the laser strikes caused significant visual interference.
The laser’s power was later measured as 65 milliwatts. This is 13 times the 5 mW limit for lasers marketed as “pointers” in the U.S. This 13x power increase leads to a 3.6 times increase in the distance at which Rodriguez’s laser was a hazard (see Note 1).