Man gets 14 years for ‘lasing’ helicopter

http://blog.sfgate.com/crime/2014/03/10/man-gets-14-years-for-lasing-helicopter/

by batguano • 12 years ago

29 71 12 years ago

blog.sfgate.com

Mithaldu• 12 years ago

Important bit:

Judge O’Neill cited Rodriguez’s criminal past, which includes probation violations and gang affiliation, as additional reasons for the sentence.

tehwebguy• 12 years ago

Anyone know how these guys get caught?

revelation• 12 years ago

Rest assured, it is not a smart idea to shine a concentrated light source at a helicopter equipped with technology to track persons and cars day and night.

This video shows the "cockpit view":

http://www.youtube.com/watch?v=74VeecMWWN0

jread• 12 years ago

I've had this happen while flying military helicopters at night. We usually get a grid or address, and report it when we land.

PhasmaFelis2• 12 years ago

I realize I'm probably supposed to be outraged about this.

Helicopters are complex, unstable, low-flying machines that require active awareness from the pilot. This person put multiple lives at risk because he thought it was funny. I have very little sympathy.

Retric3• 12 years ago

Except people that actually kill others often end up with shorter prison terms. Note, the Judge understood the only risk was "distracting" the pilots but the tax payers still need to spend $30,600 per year to keep this fellow behind bars... really?

Turing_Machine4• 12 years ago

He did it at least twice.

If people are only getting 7 years for murder, then that's a problem in its own right.

aunty_helen2• 12 years ago

What would you think would be acceptable for maliciously attempting to down an aircraft?

batguano• 12 years ago

I realize I'm probably supposed to be outraged about this.

As the person who posted the link to HN, I posted because there have been other discussions of "lasing" here.

If you mean "outraged at the 14 year sentence," I didn't expect people to be outraged by that. Given previous discussions, I expected people to be glad to see it was taken seriously.

InclinedPlane• 12 years ago

14 years is probably too much, but I have no problem with hefty jail time for someone who does this. Attempting to blind a pilot is very serious and puts lives in danger.

tommu2• 12 years ago

Is attempted blinding really the intention? They should be locked up for overestimating the power of laser pointers if nothing more.

I keep reading 'attempted murder' too. Hyperbolic nonsense. Shooting at a plane maybe but shining a light - give me a break!

res0nat0r2• 12 years ago

Anyone who is shining a laser at a plane knows that it is dangerous and can impair the pilot, if not they will find out how dangerous it is at their sentencing hearing. Stupidity doesn't absolve you from putting someone elses life at risk.

PhasmaFelis2• 12 years ago

A laser that can dazzle from half a mile or more is not your standard $10 lecture-hall laser pointer. They don't put "AVOID EYE EXPOSURE TO DIRECT OR SCATTERED RADIATION" stickers on those things for funsies. There are consequences for reckless use of dangerous equipment.

tzs3• 12 years ago

When a plane or helicopter cockpit at night gets hit with a strong laser, it can leave the pilots with blindness or severely impaired vision for up to several minutes.

BTW, it was not a laser pointer. Laser pointers are 5 mw or less in the US. He was using a 65 mw laser.

aunty_helen2• 12 years ago

Great success. You have to ask yourself what possesses people to shine a laser at an aircraft.

It's just a shame this article contains my most hated word: 'Lasing' or Light Amplification by Stimulated-ing

Turing_Machine4• 12 years ago

Good.

I like pranks, but this crap goes way beyond "prank" and gets close to "attempted murder".

fragsworth3• 12 years ago

Not really. Apparently it's not all that dangerous to shine a laser into a helicopter, because rather than attempt to escape and control his vehicle, the pilot was able to catch the offender by staying in flight and locating him by following the source of the light. This allowed ground personnel to come in and arrest the offender.

It's conceivable that it could be dangerous if it happens at a very inopportune time for a pilot. So far, though, nobody's ever died from laser pointers shined at cockpits.

tptacek2• 12 years ago

Can I ask if you've piloted many aircraft that had lasers aimed at their cockpits from the ground?

aaronbrethorst• 12 years ago

Arguably two counts of attempted murder, plus the distinct possibility of additional injury on the ground? Sounds about right to me.

quackerhacker• 12 years ago

I wonder if "lasing," people's cars as they drive would cause the same types of ramifications. Seems very likely, and even more dangerous than "lasing," a pilot (a highly trained individual). I consider most drivers easily distracted and careless (myself included).

Food for thought, while lasers can focus a beam at a pilot, at air shows and in the air force, pilots usually have spotters that use a mirror and line of sight....so while I understand his sentence to be a deterrent by example, I DON'T agree with harsh sentences for non-violent crimes.

rayiner3• 12 years ago

This is a violent crime.

tommu2• 12 years ago

No it isn't. It's a distracting annoyance at best.

sov• 12 years ago

In no way is this a violent crime.

austinz• 12 years ago

Lasers in eyes are more than just a distraction. Certainly not a 'non-violent crime'.

c.f. http://en.wikipedia.org/wiki/Strait_of_Juan_de_Fuca_laser_in...

Jaecen• 12 years ago

I may be misunderstanding it, but the Clinical Assessment section of that article appears to claim that the reported injuries were not due to a laser but to other pre-existing conditions.

patcon• 12 years ago

And on a related note, I wonder if buying a pair of IR-filtering safety glasses for every pilot in America would be cheaper on the system than jailing people as criminals for over a decade...

http://www.lasersafetyindustries.com/100_20_120_UV_and_IR_La...

bequanna3• 12 years ago

I wonder if buying bullet-proof vests for every person in American would be cheaper on the system than jailing people as criminals for over a decade..

If someone intentionally tries to cause another person harm, or in this case, crash a helicopter, I believe they need to be removed from society.

jasomill• 12 years ago

Pilots don't get distracted by UV or IR, they get distracted by visible light. And glasses that effectively filter out visible light are detrimental to pilot safety for another (obvious) reason.

modo_• 12 years ago

The night vision system in most military helicopters nowadays have light interference filters that remove lasers.

Switzerland seems to be equipping all of its first responders with laser protective eyewear as well.. http://translate.google.com/translate?sl=auto&tl=en&js=n&pre...

cynwoody• 12 years ago

Lasing a car driver would seem to be even more likely to cause injury, given that the amount of time between vision impairment and actually hitting something is likely to be much shorter.

Airplanes have been known to fly for hours with sleeping or otherwise incapacitated pilot(s).

Pinckney• 12 years ago

Airplanes have been known to fly for hours with sleeping or otherwise incapacitated pilot(s).

Helicopters do not fly for hours with sleeping pilots.

ilyanep2• 12 years ago

"Lasing" an airplane is actually much worse than doing so to a car because of the way the cockpit glass is made (in addition to the diffusion from being so far away). See http://www.pangolin.com/faa/images/FAA-simulator_4-pics.gif for an example of this. Basically, the laser light gets diffused throughout the cockpit.

jetru2• 12 years ago

ROFL. Build a million dollar plane. Confuse the shit out of it with a homemade laser. We need more glass research.

product50• 12 years ago

He had a criminal past because of which his sentence was so harsh. His gf who is an accomplice got 5 yrs imprisonment.

rayiner3• 12 years ago

Maximum penalty under the statute is 5 years, http://www.law.cornell.edu/uscode/text/18/39A, so what else was going on?

Looks like he was convicted both for pointing a laser at an aircraft and attempting to interfere with the safe operation of an aircraft. There is a good chance this gets overturned on appeal. Under the sentencing guidelines, the two offenses are similar offenses arising out of the same conduct and should have been grouped. You don't get to impose an above maximum sentence just because the guy has gang affiliations.

ynniv3• 12 years ago

Disappointingly, the judge cited the perpetrator's past as a justification of the sentence.

rayiner3• 12 years ago

The sentencing guidelines already incorporate points for criminal history. Its not a reason for going outside the guideline range.

kenrikm2• 12 years ago

Pointing a laser at an aircraft is just plain stupid. However, I have a problem with the justice system making "examples" out of people, 14 Years is more then some people get after being convicted of rape or murder. Seems more like a 2-5 year offense, and unless you can point me to even one incident of a person that's been killed by this behavior the argument about it being potential murder etc.. is moot. Driving badly is can also kill people (and does, every day) however when was the last time someone was sentenced to 14 years for (just) driving like an ass?

yeukhon2• 12 years ago

Sure the sentence might be too much. 7-8 years might be suffice. But I totally disagree with Seems more like a 2-5 year offense, and unless you can point me to even one incident of a person that's been killed by this behavior the argument about it being potential murder etc.

Here is one for life sentence: http://newsfeed.time.com/2012/05/21/texas-man-sentenced-to-4...

So do a quick search.

Why do I disagree? Because that's a reckless behavior. Did you read the article? He did it twice. Twice. Twice.

As someone have put it, if you were on the aircraft, how would you feel about your safety? How would feel about people who are important to you on that aircraft? Of course we should punish assholes driving on the roads. If you have problem with your local laws on handling bad drivers, please talk to your local council members/congressmen to do a better job. If they think 14 years is too much, they can appeal and I think there is a high chance of lowering to 7-8 years. But whatever the length might be, he deserves a good hell lengthy sentence. And sometimes, lengthy sentence is to scare people off.

This is what I called "establish an example."

650REDHAIR• 12 years ago

"Judge O’Neill cited Rodriguez’s criminal past, which includes probation violations and gang affiliation, as additional reasons for the sentence."

That might help add a few years.

fragsworth3• 12 years ago

Tell that to the multi-billion dollar correctional services industry who has a very easy time convincing politicians to increase prison sentences.

tzs3• 12 years ago

Do you have any data on how sentences for this or similar crimes have changed over time?

ilyanep2• 12 years ago

This:

Judge O’Neill cited Rodriguez’s criminal past, which includes probation violations and gang affiliation, as additional reasons for the sentence.

And this:

convicted of using a high-powered laser pointer to strike the cockpits of a Fresno police helicopter and a hospital transport helicopter near the Fresno Yosemite International Airport in the summer of 2012.

(In other words, they did it twice).

Avitas• 12 years ago

Federal law and California law have this crime as a max 5 year and max 1 year respectively.

http://www.law.cornell.edu/uscode/text/18/39A

http://law.onecle.com/california/penal/247.5.html

You should have noticed that this individual's sentence was lengthy because of a long history of crime. Not only that, this person was caught doing this particular crime twice.

Your example of driving like an ass can encompass things like Reckless Operation, Racing, Impaired Operation, etc. When you get caught doing these things repeatedly over many years, you see prosecutors demanding maximum sentences, multiple "strike" mandates and penalties reactivated from previous paroled offences, etc.

tzs3• 12 years ago

Generally, people who are driving like an ass think that they are not putting people at serious risk. They think they can handle what they are doing. They also are often trying to accomplish something legitimate, such as getting to a destination quicker.

I have a hard time believing that someone shining lasers at helicopters thinks he is not putting people at risk, or was attempting to accomplish some legitimate purpose.

soneil• 12 years ago

A better analogue would be dropping bricks onto windscreens from an overpass.

tn13• 12 years ago

If American courts want to put a precedent to an ordinary crime such as this, they may follow India's example and do this instead:

http://www.deeshaa.org/2013/12/06/lets-weep-for-a-morally-ad...

cm1272• 12 years ago

I can't wait for drones to replace helicopters. Helicopters are too loud and expensive and more dangerous than they should be.

bequanna3• 12 years ago

Cheaper, maybe. What leads you to believe that drones would be quieter?

Turing_Machine4• 12 years ago

The drone is likely to be a lot smaller because it doesn't have to carry a crew. Smaller engine -> quieter.

suprgeek• 12 years ago

Embedded at the end of the Article is the critical information that reduces the Outrage-of-the day reaction a bit:

"Judge O’Neill cited Rodriguez’s criminal past, which includes probation violations and gang affiliation, as additional reasons for the sentence."

So this is some "repeat-offender" (three srikes/N strikes/Parole violation) type sentencing.

Still a bit much in my opinion - He & his girlfriend were being stupid and reckless no doubt, but 14 years (and five for the GF) for this crime is excessive however you slice it.

lsh123• 12 years ago

Disclaimer: I am a private pilot and I am biased.

Pointing a laser at the aircraft is dangerous to passengers and people on the ground. But it is also dangerous to pilots who might receive (permanent) damage to their eye sight thus risking to lose the job (that they love and that feeds them). If someone points a gun at the police officer and gets shot, then I think it is a Darwin law at work. Same here - I have no problem with getting idiots locked up for life.

rfatnabayeff• 12 years ago

"Rodriguez’s sentence clearly demonstrates the seriousness of his actions."

This awkward moment when the seriousness of the crime is judged by the length of the sentence. Reminds me of a typical Soviet (and modern Russian) "public process" comments like "He wouldn't has been sentenced if he hadn't committed anything criminal", "Our court doesn't just sentence for nothing" etc.

Man gets 14 years for ‘lasing’ helicopter

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