Last September, a Hawaiian Airlines flight attendant was punched twice in an unprovoked attack. The Hilo-bound Hawaiian Airlines flight was forced to divert to Honolulu. (Let’s hope there are no more Hawaii flight diversions to write about for a while).
The widely covered attack came during a spate of nationwide attacks on airline personnel and resulted in prompt and widespread outrage from within the industry and the government.
What is the possible punishment for assaulting the flight crew member?
Attacking a crewmember is a violation of federal law and is a felony. In addition, the FAA can impose fines. The crime is punishable by up to 20 years in prison and up to $250,000 in fines (18 U.S.C. § 3571, 49 U.S.C. § 46504).
Hawaiian Airlines employee assaulted on flight 152. The details.
When it happened, Hawaiian said, the passenger “assaulted one of our flight attendants, who was walking down the aisle, in an unprovoked incident.” Meanwhile, the flight attendants’ union said the male attendant was beaten when he walked by, picking up trash. The union said, “there was no escalating incident. Suddenly, from their seat (they) punched a flight attendant in the chest and then swung again at the flight attendant. There’s no clear reason why.”
Does this punishment fit the crime?
The now 33-year-old man was sentenced to “time already served.” He also has to repay about $6,000. U.S. District Judge J. Michael Seabright sentenced the assailant for the crimes of assault and interfering with the flight. He is set to serve 2-years of supervised release for each of the counts, but these will both be served within the same two years. Obviously, the possible penalties could have been far worse.
The defendant pled guilty earlier this year. Court documents revealed that the defendant also received mental health and substance abuse treatment related to the crimes.
Do you agree with the court’s decision?
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Hawaiian Airlines has always been our favorite airlines for their friendly yet professional employees. They keep things comfortable and relaxing during our flights to Hawaii. Unfortunately I have witnessed passengers who either arrived intoxicated or became intoxicated as soon as the flight began. My thought is to limit the alcohol to two per person per leg of the flight. It’s not just the employees that have to be subjected to these crazy drunken passengers but the people who are unlucky enough to get stuck sitting next to them. I can’t tell you how many times I have had to ask to be moved because of a unstable individual.
The “punishment” was a slap on the wrist, which was much less than the abuse suffered by the flight attendant. While we do not know the circumstances that preceded the incident, use of physical violence (or even verbal assault) can never be tolerated in the air with a planeload of passengers at risk. The sentence does not appear to fit the crime especially in light of the rash of in-flight cases of assaults on crew and other passengers. It failed miserably to deter others from believing their misconduct will go unpunished.
The incident only seemed unprovoked. Of course, the flight attendant would say that. We do not know what happened prior to the punch in the chest. Flight attendants like to boss people around. Some of them will even walk behind customers badgering them from behind.
I’ve never experienced bossiness and certainly not badgering. Perhaps it’s a personal issue? Also, nobody deserves being punched repeatedly in the chest.
Do you suppose the airlines’ management looks at your posts? If so, thank you for posing this extremely important question. I found other’s answers echoed my own thoughts. (I took advantage of the thumbs up feature.) Utmost respect for the flight crew is paramount to safe flying.
Hi Betsy.
Yes the airlines do see our content. Thanks.
Aloha.
The Judge should have sentenced the man uncompassionately. Understanding that he pled guilty and didn’t draw out the trial may give him a reduction, however, the sentence does not fit the crime. A sentence of 8 years in prison and 3 years of probation would be a wise sentence, a fine of at least $50,000. would also be appropriate. If Criminals are given a slap on the hand what have they learned? That Judges are Suckers! Get Serious on Crime.
Kind of hard to say whether asentence to “time already served” was appropriate when you don’t tell us how much time he served. Your report says assault happened last September. If he’s been in custody (jail) ever since, then 11 months is not unreasonable for a first-time offender (in the abstract, because we lack other information the court may have considered). I’m a pilot and former prosecutor and think the law should come down hard on anyone who interferes with a flight or flight crew member. As in, a minimum one-year prison term for a first offense and a 10-year ban from airline travel. (BTW, your link to the “unprovoked attack” on the Hawaiian Airlines FA “punched twice” actually goes to the Delta SEA-HNL attack in December 2020.)
In my opinion, it should have been a 10/10 violation. $10K fine and 10 years denied boarding on any commercial airplane. Substance abuse is no excuse. DUI with injury or death, or physical violence on board an airplane – result is loss of a privilege. Driving and flying are not granted by the constitution or bill or rights.
Aloha nui loa Beat of Hawaii for your always interesting information!
I believe that the Judge had an opportunity to “throw the book” at this guy and prove just how inappropriate his actions were.
Instead, I feel, the Judge just made a disturbing statement that it’s not that big a deal to hit flight crew members.
I can promise everyone that is ever on a flight with myself and my Ohana, we’ll help protect anyone anytime.
We’re thankful for our crew members and the freedom to travel without Jackwagons assaulting anyone.
Mahalo to you both, ALWAYS 🌺
If the flight attendant had been a monk seal or sea turtle he’d be serving 20 to life!
That’s the society we currently live in. The Rule of Law has gone down the tubes. Our current justice system has absolutely no regard for the victims.
That is ridiculous for the pain of that flight attendant and the wasted time and fuel to divert the plane. People will never be responsible if there are no consequences.
It’s hard to say without knowing more. The judge has to consider what the defendant can possibly pay and if he or she has a family to support. I some cases 2 years in jail could be devastating. I’d like to see an execution by firing squad but does the person regret the incident? Is there a plan to get them back on their feet? Is it wise to create a homeless family? All that sort of thing. The losses caused my the time in jail may be already irrecoverable. So I can’t answer this question with thi amount of info.
And where is the concern for the outcomes of the victims in this calculus?
The perpetrator of this act should have thought about how his actions might impact others before he committed an assault.
Way too lenient. Incidents are endangering crew and passengers. Sentencing should be more harsh. Also should be on a no fly list nationally. I have not left this comment before but should have.
Maybe the judge needs to be punched so he knows what it feels like. This is a ridiculous sentencing!
The punishment did not fit the crime. The sentence should have included time in jail as well of a lifetime ban of flights/
The TSA, along with airlines, should develop a no-fly list for people who attack airline personnel or fight in airports. Ban them for 5-10 years or life, depending on the severity of the disturbance. Let the scrappers rediscover Greyhound. No way to get to Hawaii? Try again in 10 years.
My first and second reactions can be paraphrased as, “Gosh, no, the penalty should have been much more severe.” but would still include the shaking of fists and pounding on desk. After considering the reported circumstances, mental and substance abuse challenges, I still don’t agree and think the penalties should have been more severe, including 5-10 years on a no-fly list, but I do understand the reasoning. Incarceration might not do much good to an individual that maybe isn’t always in control of their actions, but they shouldn’t be allowed to endanger the other passengers by being allowed on an airplane.
Entirely far too lenient…this is a microcosm of why our urban areas have turned into waste areas.
The idiot who committed this assault did so in an environment where things could have went horribly wrong and endangered the lives of every one on that plane.
This is one case where the maximum penalties allowed should have been given even in a first occurrence situation. This type of action cannot be tolerated at all. Very sad decision on the part of this judge.
The unprovoked attack on any airline employee during a flight should definitely have a larger punishment and fine. We don’t know the reasoning of the judge (at least not listed in this article) but it seems way off if we want to deter others from causing disturbances and harm on a flight. He was an adult and even with substance abuse or MH issues this sentence should have been more. I definitely would like to see individuals banned from all US flights as this sort of behavior is endangering many.
In my opinion the punishment should have been much harsher. Unruly passengers put everybody at risk. A fine is good, but some time in jail would make a bigger impression, and be more likely to deter that behavior in the future. Just my opinion-I’m a law and order type.
Thanks for keeping us up to date.
Hi Lee.
Thanks again for five years’ worth of comments. We appreciate it!
Aloha.
Hi Rob and Jeff per your article here on the man who attacked the flight attendant. I notice on quite a few of your stories that there is a person who always puts a thumbs down on the comments. Have been noticing this even on nice comments. Always got to be one of those in this world. I am sure my comment will get a thumbs down. I expect it!!! Keep up your fantastic info and many Mahalos to you both.
Hi Debra.
Yes, that’s very strange about the thumbs down. Do you think the thumbs up/down are a good feature or not? Thank you.
Aloha.
Should always have a choice, keep the thumbs! Some sites identify the voter.
Hi Bob.
Thanks for the feedback.
Aloha.