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US: Appeals court says 30-month sentence for aiming laser at aircraft is too long; defendent did not know of laser risk

A federal appeals court in California struck down a 30-month sentence given to Adam Gardenhire in March 2013 for aiming a laser pointer at an Cessna jet and police helicopter. Gardenhire was 18 at the time of the March 2012 laser strikes. The April 30 2015 decision by three judges of the Ninth Circuit found that prosecutors had not presented evidence of “reckless endangerment” of aircraft.

Adam Gardenhire laser
Gardenhire’s photo on Facebook, according to the blog LA Weekly.com


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.

The appeals court noted that, prior to the March 2013 laser incident, a friend of Gardenhire said that shining a laser beam into another person’s eye could lead to blindness. The appeals court then went on to say that information was different from “knowing that a laser beam can be distracting to pilots who are both enclosed in a cockpit and at least 2,640 feet away. Nor did the government submit any evidence of what even an average person would know about the effects of aiming a laser beam at an aircraft…. That one knows that the laser is dangerous when pointed directly in a person’s eyes does not mean that one knows about the beam’s ability to expand and refract, rendering it particularly hazardous for pilots in an aircraft miles away, or that the danger is heightened at nighttime because the pilot’s eyes have adjusted to the dark.”

The court specifically referred to the lack of any notice, label or other information regarding the risk of aiming a laser pointer at an aircraft: “Gardenhire heeded the only warning he was given—not to shine the laser directly in anyone’s eyes—and he was not immediately alerted to any additional risks he was creating by aiming the beam at an aircraft.”

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US: UPDATED - 30 month sentence for California teen Adam Gardenhire

Adam Gardenhire, 19, was sentenced to 30 months in federal prison on March 25 2013, for aiming a “commercial grade” green laser pointer at an airplane and a police helicopter in California. The crime has a maximum prison term of up to five years. Federal sentencing guidelines recommended an 18-24 month penalty, but U.S. DIstrict Judge Stephen Wilson said he wanted to send a message that Gardenhire’s behavior was “reckless and very dangerous.”

As of March 25, Gardenhire remains free on bond pending an appeal hearing in April 2013.

Adam Gardenhire laser
Gardenhire’s photo on Facebook, according to the blog LA Weekly.com


On March 29 2012, the North Hollywood teenager aimed a laser beam from his backyard at a Cessna that was landing at Bob Hope Airport in Burbank. The pilot had vision problems lasting about a day, after being lased multiple times in the eye. The Pasadena Police Department sent a helicopter to investigate. Gardenhire again aimed at the craft, hitting the pilot six times. The pilot had protective equipment and was not injured.

Pic 2012-04-02 at 9.41.32 AM
Gardenhire lased the aircraft from his backyard (A) about 1.5 miles from the airport (black square).


According to his attorney, Gardenhire was unaware of the hazard: “[He] had no idea that the deceptively ordinary laser he had borrowed from a friend was powerful enough to be seen by, much less distract, a pilot thousands of feet away…. [A] severe sentence would be disproportionate to the conduct.”

However, Assistant U.S. Attorney Melissa Mills said Gardenhire told FBI agents that the friend who loaned him the laser told him not to shine it at anyone’s eyes because it would blind people. She said Gardenhire telling the FBI he didn't think about the dangers doesn't mean he wasn't aware of the dangers and responsible for the consequences.

"One can imagine a drunk driver making the same excuse - that he just 'didn't think about the dangers' of getting behind the wheel in an impaired state. But disregarding a clear risk does not absolve one of responsibility for assuming it," Mills said, according to the Pasadena Star-News.

Gardenhire was arrested in April 2012. He was the second person indicted under the Feb. 2012 federal law making it illegal to aim at an aircraft or the flight path of an aircraft. (The first person was Orlando resident Glenn Stephen Hansen.) He and pleaded guilty in October 2012. He could have been sentenced to up to five years in prison under the federal law. U.S. District Judge Stephen Wilson said in court that he sentenced Gardenhire to 30 months so as to send a message to other people.

From CNN, Pasadena Star-News, Los Angeles Daily News, Wired and Burbank Leader. LaserPointerSafety.com previously covered this story in March 2012 when the initial incident was reported, and in April 2012 when Gardenhire was indicted.

US: UPDATED - Calif. teen lases private jet, then police helicopter

A teenager on March 29 2012 aimed a green laser first at a private jet landing at Burbank’s Bob Hope Airport, then at a Pasadena police helicopter looking for the laser source. The 18-year-old was quickly located and arrested in North Hollywood, about 1.5 miles from the airport. He admitted aiming the laser at aircraft.

Pic 2012-04-02 at 9.41.32 AM
The teen was arrested at a location (A) about 1.5 miles from the airport (black square).


The jet was illuminated twice while on approach to the airport. The helicopter was hit approximately six times. There were no injuries, or adverse effects on airport operations.

The teen’s name was withheld pending an FBI investigation.

From the Burbank Leader and North Hollywood Patch

UPDATED April 19 2012: Adam Gardenhire, 18, was charged on April 18 2012 with two federal counts of aiming a laser at an aircraft, in violation of a new law that took effect in mid-February. The teen faces up to 10 years in prison. More details are in a LaserPointerSafety.com story.

UPDATED March 26 2013: Gardenhire was sentenced to 30 months in federal prison. The judge said he wanted to send a message to others. More details are in a LaserPointerSafety.com story.

US: Man arrested for helicopter illumination in Burbank CA

A Glendale police helicopter was illuminated four times as it came in to land at Bob Hope Airport in Burbank, California. The crew tried to avoid the light as they searched for the perpetrator by using their thermal-imaging camera.

Rafael Torosyan, 30, was spotted in a park. Police followed him to an apartment building, where he was found hiding in a doorway. A laser pointer was found in his pocket and Torosyan was arrested on suspicion of discharging a laser at an aircraft.

From the
Glendale News-Press

UPDATE MAY 31 2011: A Glendale police helicopter was lased again on May 27. Once again, officers were able to trace the source and arrest a suspect, as reported here.