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Date: 04-10-2022
Case Style:
Case Number: 5:22-cr-00022-JD
Judge: Jodi W. Dishman
Court: United States District Court for the District of Western (Oklahoma County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney: Kenny Goza
Description: Oklahoma City, Oklahoma criminal defense lawyer represented defendant charged with interfering with a fight attendant.
Ariel James Pennington, 35, of Los Angeles, California, was indicted for offenses he committed while traveling on a flight from Arlington, Virginia, to Los Angeles, California. The incident occurred on board a Delta flight on December 9, 2021. Count 1 alleged that Pennington assaulted and intimidated a flight attendant, thereby interfering with the flight attendant’s ability to perform their duties. Count 2 alleged that Pennington assaulted a Federal Air Marshal on the same flight.
At sentencing, Pennington will face a maximum sentence of 20 years imprisonment and a fine of $250,000, followed by up to three years of supervised release. As part of a plea agreement, the government has agreed to dismiss at sentencing Count 2 of the indictment. A sentencing date will be set by the court in approximately 90 days. This case was charged in the Western District of Oklahoma because the flight was diverted to and landed at Will Rogers World Airport in Oklahoma City.
The case was investigated by the Federal Bureau of Investigation’s Oklahoma City Field Office and the Oklahoma City Police Department. It is being prosecuted by Assistant U.S. Attorneys Ashley L. Altshuler and Lori Hines.
49:46504 INTERFERENCE WITH FLIGHT ATTENDANT
(1)
An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
18:111(a)(1) ASSAULT ON FEDERAL OFFICER WITH PHYSICAL CONTACT
(2)
(a) In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person's term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b) Enhanced Penalty.—Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
Outcome: Defendant pleaded guilty.
Plaintiff's Experts:
Defendant's Experts:
Comments: