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US: Prosecutor says laser sentences are "getting lighter" since Gardenhire appeal

California federal prosecutor Karen Escobar said in January 2016 that sentences for aiming lasers at aircraft have been “getting lighter” since an April 2015 federal appeals court decision that struck down a 30-month sentence given to Adam Gardenhire.

The April 30 2015 decision by three judges of the Ninth Circuit found that prosecutors had not presented evidence of “reckless endangerment” of aircraft. The judges sent the case back to the U.S. district court in Los Angeles for a new sentencing hearing under a new judge. Under the original sentencing guidelines, Gardenhire had been recommended for 27 to 33 months in prison taking into account the reckless endangerment charge, or 4 to 10 months in prison without the charge.

From Ars Technica

US: 134 laser arrests, 80 convictions, out of 17,725 incidents, 2005-2013

According to Ars Technica writer Cyrus Farivar, in the U.S. from 2005 to 2013 there were 134 arrests for aiming lasers at aircraft, out of 17,725 FAA-reported lasing incidents. He wrote “That means that even amongst reported incidents, there’s only a 0.75 percent chance of getting caught. Adding countless unreported incidents would only make that minuscule percentage go down further.”

Farivar noted that there were 80 convictions among the 134 arrests. One reason for the conviction rate of 60%: some who were arrested were minors who were never formally charged.

The extensively researched 4,200-word article, dated May 21 2014, was based around the 14-year sentence handed down in March 2014 to Sergio Rodriguez, for his August 2012 aiming of a laser at two helicopters, one medical and one police. Farivar used the case to illustrate many laser/aviation issues, especially about how prosecution is being used to try to educate and deter future incidents.

Farivar interviewed Karen Escobar, who has brought more cases against laser perpetrators than any other federal prosecutor. Her territory includes Sacramento, Fresno, and Bakersfield.

In the article, Escobar was quoted as saying “At sentencing, [Rodriguez] did not accept responsibility for his actions; he blamed his 2- and 3- year-old children. I believe the evidence showed the laser was a dangerous weapon, and there was intention, supporting a guideline sentence of 168 months. I would not call it harsh. I would say it is a penalty that fits the crime, but I believe that it will have a deterrent effect, and I hope it will.”

Farivar noted that, “While 14 years might sound incredibly excessive for an incident that caused no serious or lasting physical injury, much less death, this is the emerging reality for attorneys prosecuting laser strikes. The Rodriguez sentence now serves as an example of what can happen to defendants who don't take plea deals. (The plea deals typically end up being around two years.)”

From Ars Technica

US: L.A. Sheriff's Dept. puts "Laser Strike" info video on YouTube

The Los Angeles County Sheriff’s Department on April 4 2013 uploaded a 13-minute long training video to YouTube called “Laser Strike”. The video was produced in association with the LASD Aero Bureau, the U.S. Department of Homeland Security, and the FBI. In addition, four other “bonus content” videos were uploaded, which feature interviews.

LASD laser video still frame

To see the video, click this link to YouTube. Following this link should also lead to the bonus content videos.

To get a flavor of the training video, click the “Read More…” link below for a list of selected excerpts and interesting statements.

Click to read more...

US: Los Angeles TV news report about increasing laser pointer incidents

On January 4 2012, Los Angeles TV station KABC presented a two-minute report on the increasing numbers of lasers being pointed at aircraft. It was triggered by the previous day’s arrest of a man in Glendora, California for aiming a laser at a police helicopter.

KABC quoted the Glendora regional police helicopter tactical flight officer who was illuminated as saying “The laser could cause [eye] damage, and there’s a potential for the helicopter to crash.” The report said he and a pilot were recently trained by the FBI in how to handle a laser attack and how to track down a suspect.

Laser incidents are rising both nationwide and at local airport Los Angeles International (LAX), stated the report. It concluded by reminding the public that “any offense jeopardizes the safety of everyone.”

Pic 2012-01-05 at 11.18.25 AM
Click the screenshot above to view the video report from KABC


From
KABC