Former pilot pleads to criminal charges after endangering flight over Oregon skies

A former off-duty Alaska Airlines pilot who nearly shut down an aircraft’s engines over Oregon airspace in 2023 pleaded guilty to criminal charges in state and federal court in Portland on Friday.

As part of an agreement reached with the U.S. Department of Justice, Emerson agreed to waive a grand jury indictment and plead guilty to a single count of interference with flight crew members and attendants, a felony. The charge carries the possibility of 20 years in prison and a $250,000 fine.

According to prosecutors, on Oct. 22, 2023, Emerson was catching a ride home from Everett, Washington, to San Francisco, while seated in the cockpit jumpseat of an Embraer 175 jet operated by Horizon Airlines.

Somewhere between Astoria and Portland — more than 30,000 feet in the air — Emerson removed the headphones from ears and according to court records, declared: “I’m not OK,” before proceeding to nearly cut off the plane’s fuel supply midflight.

Witnesses have said he was acting erratically and was seemingly confused about his reality.

In court Friday morning, Assistant U.S. Attorney Parakram Singh said the federal government would likely ask the judge to impose a sentence of one-year in prison as well as pay restitution during a sentencing hearing set for Nov. 17.

“I’m not bound by either side’s sentencing recommendation,” U.S. District Court Judge Amy Baggio told Emerson.

During the hearing, Singh summarized the facts of the case, stating that Emerson activated the fire suppression system, adding that later investigators determined “both fire suppressant bottles did deploy.”

After the aircraft made its emergency landing in Portland, Singh said, Emerson told officers he was in crisis and “had not slept in 48 hours, and that everything wasn’t real.” He told police about losing a close friend and that he didn’t feel OK.

“He said he pulled both fire suppression handles because he said ‘I thought I was dreaming and I just wanted to wake up,’” Singh stated.

Later, Baggio asked: “How do you plea to count one, interference with flight crew members and attendants?”

“Guilty,” Emerson said.

“I feel Mr. Emerson’s guilty plea is freely made,” Baggio replied. “I will accept the defendants guilty plea.”

Charges in state court

Emerson pleaded no contest in state court Friday afternoon to one felony count of endangering an aircraft and 83 misdemeanors — one for each individual onboard the aircraft — of recklessly endangering another person.

“I regret the harm I caused to every single person on board that airplane, crew members and guests,” Emerson said during the hearing in state court. “I regret the harm I caused to society, which is part of what this process is about.”

Under the plea agreement with the Multnomah County District Attorney’s Office, Emerson will spend five years on probation. He’ll also have to complete 664 hours of community service, at a minimum of 12 hours per month. Emerson was also ordered to pay some $60,000 in restitution.

As part of the deal, Emerson won’t be allowed within 25 feet of an airplane without written approval from his parole officer, and cannot use or possess a controlled substance without a prescription.

Victims also spoke during Friday’s sentencing hearing, with some expressing their dismay about the deal.

“The consequences proposed today seem insufficient relative to Mr. Emerson’s choices and actions regardless of his explanations or circumstances,” said Alison Snyder, who was a passenger alongside her husband, Steven.

After the hearing, Multnomah County District Attorney Nathan Vasquez explained why his office joined the federal government in also prosecuting the case.

“I felt it was important, that this was certainly something that my office and this community was invested in, and we wanted to make sure we saw it all the way through,” he said.

Mental health for pilots

The case has raised questions about barriers pilots face if they need to access mental health care.

Related: Pilot accused of trying to shut down plane engines was afraid to report depression, colleagues say

Emerson was returning from a gathering marking the anniversary of the death of his closest friend. He later told police he had untreated depression and that some 48 hours before the flight, he consumed hallucinogenic mushrooms.

Getting mental health treatment has been a challenging and even career-ending for pilots. The Federal Aviation Administration has historically relied on pilots to self-report mental health concerns. Doing so has threatened pilots’ ability to fly.

Emerson’s wife, Sarah Stretch, told OPB in 2023 that she’d urged her husband to seek care, but he told her being out of work would hurt the family’s finances and would be too arduous.

In a statement to OPB on Thursday, the FAA said that over the past several years, they’ve approved more medications for pilot use, and “encourage pilots to seek help early if they have a mental-health condition since most, if treated, do not disqualify a pilot from flying.”

Capt. Dennis Tajer, a pilot at American Airlines and union spokesperson for the Allied Pilots Association, agrees federal regulators have made changes that make it easier for pilots to access mental health resources.

“The FAA was kind of stuck in the 1970s — they’ve lunged themselves into maybe the ’90s, and I’m being generous,” he said.

Tajer explained despite policy changes at the FAA that allow for certain common medication used to treat diagnoses such as anxiety and depression, airline pilots still face barriers significant enough where they may not seek the care they need early on, and instead wait until a mental health condition is more acute.

“The process to get back into the flight deck using approved medication can take years,” he said. “The FAA is understaffed. Highly motivated, but understaffed, and drowning in its own bureaucratic process.”