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October 1, 2002
MIAMI -- A new charge was filed Monday against two former America West pilots who were accused of being drunk while behind the controls of a jetliner preparing for takeoff at Miami International Airport July 1.
Prosecutors have added a charge of culpable negligence against both Thomas Cloyd and Christopher Hughes, alleging that they exposed 124 passengers to injury by operating an aircraft under the influence of alcohol.
Cloyd and Hughes pleaded innocent to the charge. They had pleaded innocent to felony charges of operating an aircraft and motor vehicle under the influence.
Circuit Judge David Young rescheduled for Oct. 23 a hearing on defense motions, including one to dismiss all charges because the plane's steering mechanism was still locked when the pilots were arrested. The defense contends that the pilots were not steering the plane when officials demanded its return, so they cannot be guilty of operating under the influence.
The trial now is delayed until at least Nov. 4.
Tests showed that both men had blood-alcohol levels over 0.08 percent -- the threshold at which Florida law presumes that someone is unable to safely operate a motor vehicle -- after their plane returned to the gate moments after beginning its taxi to the runway.