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US: $227,500 settlement for Bronx man cleared of aiming lasers at New York airplanes

In April 2019, Frank Egan, 36, who had been falsely accused of aiming a laser pointer at airplanes landing at LaGuardia Airport in New York was awarded a $227,500 settlement from New York City.

On March 9 2015, a New York Police Department helicopter was searching for the source of a laser beam that had been aimed at airplanes flying in and out of LaGuardia. They saw a beam coming from Frank Egan's apartment, located about 10 miles from the airport. Ground units found a "Laser 303" inside. Police said Egan admitted it was his laser and he had used it that evening — but also said he had not aimed it at aircraft. He said he had been asleep in the apartment.

On March 13 2015 during a court hearing Egan, his roommate and future brother-in-law revealed on the stand that he was the one who aimed the laser at aircraft. Elehecer Balaguer, 54 said "Frank didn't have nothing to do with it. I was the one that did it. I didn't mean to cause any harm." Balaguer also said the laser was his; that he had purchased in while on vacation in Florida. According to Egan’s lawyer, Egan never told the police he used the laser, contrary to the police statement after Egan’s arrest.

On May 5 2015 Balaguer pleaded guilty to aiming a laser at an airplane in return for prosecutors recommending a minimum sentence of two years in prison (he could have been sentenced up to five years). The judge, however, noted Balaguer's "psychiatric history and … his apparent lack of wrongful intent."

In September 2015 Balaguer was sentenced to time served, after receiving a diagnosis of terminal liver cancer. He has since died.

In his lawsuit against New York City, Egan said that police falsely claimed that Egan had admitted owning the laser pointer. Egan said his picture was widely spread in the media, his reputation had suffered, and his wedding and honeymoon were disrupted by the arrest.

A Law Department spokesman said "…it was in the city's best interest to settle this case."

From the New York Daily News. Previous LaserPointerSafety coverage of the arrest and the case can be found here.