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.
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!