By Emanuella Grinberg Court TV
After a long day in the cockpit of a flight from Phoenix to Miami on June 30, 2002, America West pilot Thomas Cloyd and co-pilot Christopher Hughes drank several pints of beer and ran up a $122 bar tab at Mr. Moe's sports bar in Coconut Grove, Fla., leaving sometime after 4 a.m. The only problem, prosecutors say, is that they were due back in the flight deck six hours later. Almost three years after their ill-fated bar trip, the former pilots are set to stand trial on one count each of driving an aircraft while intoxicated, even though the plane never got off the ground. Jury selection began Wednesday in Miami-Dade County Criminal Court. Opening statements are expected Monday.
The pilots barely made it to the tarmac before the Transportation Security Administration, acting on a tip, halted Flight 556 to Phoenix and performed sobriety tests on the pilots. When told they were suspected of being drunk, Hughes, who celebrates his 44th birthday Friday, said, "It's merely mouthwash," according to an arrest affidavit.  | | Christopher Hughes during jury selection. |
The TSA administered an HGN test, or a horizontal gaze nystagmus test, which refers to the jerking of the eye when gazing to the side. The pilots failed the test and were arrested by Miami-Dade police at about 11:45 a.m. Their next stop was the police station, where, after consulting with a union official, they consented to a breathalyzer test at about 1 p.m. Cloyd blew a .091. Florida's legal limit is .08. Hughes was in not much better shape, showing a breath alcohol content of .084, according to police. Federal Aviation Administration regulations state pilots shall not ingest alcohol within 8 hours of a flight, nor can they fly with a breath alcohol content of .04 or more. The FAA revoked their licenses. Hughes opened a bar tab at Mr. Moe's at approximately 10:29 p.m. With one hamburger, 15 draft beers and a Ketel One martini, the tab was closed some six hours later. Their visit was caught on a bar security camera.  | | A security video showed the defendants at the bar. |
After the pilots arrived for their 10:38 a.m. flight, authorities at Miami International Airport were put on guard after an altercation with agents at the security checkpoint. Cloyd, now 46, was carrying a cup of coffee and challenged the security agents when they told him to discard it, according to an incident report. After Cloyd disregarded the request, the screener called the ground security coordinator. As more officials arrived, Cloyd discarded the coffee. Hughes managed to pass the security checkpoint without incident, though his appearance apparently betrayed him. "[The defendants] were observed to have visible signs of intoxication, i.e. odor of an alcoholic beverage emitting from breath, along with flushed face and bloodshot, watery eyes," an arrest affidavit says. As the men boarded their flight, the security agents contacted the TSA, which narrowly managed to halt the flight as it pushed away from the gate. The affidavit notes "as the aircraft was being pushed back from gate by tug, engines were started," a crucial point for the defense, who will dispute the charges by arguing that their clients never actually operated the aircraft. Lawyers for both sides were not available for comment as jury selection commenced in the case.  | | Hughes kept a bar tab running for nearly six hours at Mr. Moe's sports bar. |
After the incident, Cloyd's former employer learned of his history with alcohol abuse, which resulted in several brushes with the law. In 1986, he was arrested for DUI, though he was ultimately convicted of reckless driving. His next arrest for domestic violence against his then-wife in 1998 was also attributed to alcohol, though the charges were dropped after he attended an anger-management course. Hughes had a clean record. The defendants, who are both out on $7,500 bail, face up to five years in prison. |