GRAND RAPIDS — A co-pilot who drunkenly attempted to fly a plane from Cherry Capital Airport will have the next 10 weeks to turn himself in to federal prison.
Sean Michael Fitzgerald, 36, will serve one year and one day in prison after a U.S. District Court jury in May found him guilty of operating a common carrier while under the influence of alcohol. But the judge who sentenced him expects an appeal.
“It’s been an embarrassing worst 14 months of my life,” Fitzgerald said on Friday, noting he plans to pursue a career in aviation sales since his drunken endeavor likely will prohibit him from again sitting in the cockpit of another airplane.
Chief U.S. District Judge Robert Jonker said the case was complicated and almost certainly will prompt another hearing. Questions remain about what constituted the “operating” portion of the operating under the influence charge in his case, he said.
“This is a rare case that should give the defense credit for acceptance of responsibility despite the case proceeding to trial,” Jonker said, lowering the recommended sentence guidelines from 12-18 months to 8-14 months.
Jonker also allowed Fitzgerald to turn himself in to authorities within the next 10 weeks so he can hire another attorney and prepare an appeal. His court-appointed attorney, Larry Willey, won’t represent Fitzgerald going forward, they said.
Fitzgerald told Jonker he met with multiple attorneys that specialize in aeronautical law. They’ll need time to pour over thousands of pages of documents before any decisions are made about an appeal, he added.
A Traverse City police sergeant on Aug. 25 found Fitzgerald wearing his headset behind the wheel of a private charter plane he was hired to co-pilot from Traverse City to Bedford, Massachusetts.
The flight’s pilot notified authorities after he suspected Fitzgerald had been drinking prior to his arrival at the airport. He was tested with a blood-alcohol content of 0.343 percent — well over the 0.02 percent limit required of aircraft crew.
Jonker said Fitzgerald was “lucky” he could walk after drinking so heavily.
“There was a real physical risk to the people on the ground because of Mr. Fitzgerald’s condition,” Jonker said. “He’ll at least lose a commercial piloting career. … He was not just drunk but seriously intoxicated at a level I’ve never seen.”
Willey argued Fitzgerald should only face probation coupled with alcoholism treatment and counseling. Assistant U.S. District Attorney Clay M. West argued recommended guidelines for prison time were appropriate.
Cherry Capital Airport Director Kevin Klein also spoke about the dangers of drunken flying during Friday’s hearing. He said the situation generated negative publicity for the airport and led to millions of dollars in lost revenue.
“It is even more disturbing because Mr. Fitzgerald did not report fit for duty,” Klein said. “I’m a private pilot myself. That fit for duty requirement is ingrained in every pilot from the time they start their training.”
Jonker said the prison sentence should serve as a deterrent for others and as punishment for Fitzgerald's poor decisions. Customers should expect their pilot and aircraft personnel to be sober during their flights, he said.
Fitzgerald will have until mid-December to turn himself in to prison. He has two weeks to file an appeal, Jonker said. That anticipated appeal has not yet been filed. Visit record-eagle.com for continued coverage.
