21 Years in Jail for Slapping a Flight Attendant?
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LongBeachPoly
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PostPosted: Fri Mar 22, 2019 8:07 am    Post subject: 21 Years in Jail for Slapping a Flight Attendant?

21 Years in Jail for Slapping a Flight Attendant?

An Australian woman convicted by a jury on felony charges related to assaulting a cabin crew member could now face a maximum of 21 years in prison when she is sentenced in June. The guilty verdict is the result of a January incident in which an apparently drunk Adau Akui Atem Mornyang had to be restrained by federal air marshals following a violent meltdown on a transpacific flight.

U.S. Attorney’s Office Central District of California announced on Tuesday that an Australian national who assaulted a flight attendant during a United Airlines flight from Melbourne Tullamarine Airport (MEL) to Los Angeles International Airport (LAX) in January has been found guilty of federal charges. Adau Akui Atem Mornyang was convicted by a jury on one felony charge of interference with a flight crew and one misdemeanor charge of assault. She now faces a statutory maximum sentence of 21 years in federal prison.

The 24-year-old Victoria woman finds herself facing decades behind bars following a January 21st incident in which the visibly intoxicated passenger violently objected to a flight attendant refusing to serve her any more alcoholic beverages. Prosecutors say the disruptive flyer’s behavior continued to escalate until federal air marshals and crew members were forced to restrain the out-of-control air traveler.

“According to the evidence presented at trial, several hours into the flight, passengers approached a flight attendant to complain about Mornyang’s disruptive behavior, which included flailing her arms and yelling obscenities and racial slurs,” a Department of Justice spokesperson explained. “When the flight attendant approached to assess the situation, Mornyang began to shout at the flight attendant and then slapped him across his face. The flight attendant attempted to restrain Mornyang until federal air marshals could assist. The federal air marshals were forced to stay with Mornyang in the rear galley of the plane for the remainder of the flight.”

According to multiple media reports, Mornyang had consumed as many as six mini-bottles of wine during the 14-hour-long flight. In addition to slapping a flight attendant, she also reportedly removed her socks and threw them at fellow passengers then later kicked an air marshal in the chest. One of the air marshals involved testified that Mornyang was “the worst disruptive passenger” he had ever encountered in his decade-long career with the Federal Air Marshal Service (FAMS).

https://www.usatoday.com/story/travel/flights/2019/03/22/united-airlines-passenger-guilty-assault-faces-21-years-prison/3243847002/

https://www.foxnews.com/travel/united-airlines-passenger-facing-up-to-21-years-for-drunkenly-assaulting-flight-attendant

https://www.flyertalk.com/articles/21-years-in-jail-for-slapping-a-flight-attendant.html?utm_medium=Email&utm_campaign=


Last edited by LongBeachPoly on Fri Mar 22, 2019 8:17 am; edited 2 times in total
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ringfinger
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PostPosted: Fri Mar 22, 2019 8:12 am    Post subject:

No link? Not sure if that's cool to just copy/paste without attribution dude.
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PostPosted: Fri Mar 22, 2019 8:41 am    Post subject:

21 years is a bit extreme. I think prison time is warranted but it seems like they may be using an extreme sentence to set an example for zero tolerance.
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PostPosted: Fri Mar 22, 2019 8:56 am    Post subject:

loslakersss wrote:
21 years is a bit extreme. I think prison time is warranted but it seems like they may be using an extreme sentence to set an example for zero tolerance.


That's the maximum sentencing. Probably get near the minimum whatever that is.
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PostPosted: Fri Mar 22, 2019 9:09 am    Post subject:

Silly and waste of our money. Just ban her from the US and ship her back to Australia, who cares
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PostPosted: Fri Mar 22, 2019 9:09 am    Post subject:

Thanks for the link. That's just the maximum sentence as LakersRGolden put out there and is reserved only for the most egregious shades of gray and/or repeate offenders.

Agree with LakersRGolden. If she otherwise has a clean rap sheet, she'll get a slap wrist compared to the max.
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PostPosted: Fri Mar 22, 2019 10:14 am    Post subject:

You can argue the penalty but I’m glad to see it’s a felony to assault flight crews, bus drivers too I think. Maybe can extend to teachers and nurses
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PostPosted: Fri Mar 22, 2019 10:17 am    Post subject:

ringfinger wrote:

Agree with LakersRGolden. If she otherwise has a clean rap sheet, she'll get a slap wrist compared to the max.


Deserves at least a slap in the face for being an out of control drunk.
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PostPosted: Fri Mar 22, 2019 10:21 am    Post subject:

Anything of this sort involving crew members of airline flights is considered very, very serious by law enforcement. They don't F around here with air travel.
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PostPosted: Fri Mar 22, 2019 10:26 am    Post subject:

ChickenStu wrote:
Anything of this sort involving crew members of airline flights is considered very, very serious by law enforcement. They don't F around here with air travel.


Nor should they . . . But the max for this would be overkill for sure.
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PostPosted: Fri Mar 22, 2019 10:32 am    Post subject:

DaMuleRules wrote:
ChickenStu wrote:
Anything of this sort involving crew members of airline flights is considered very, very serious by law enforcement. They don't F around here with air travel.


Nor should they . . . But the max for this would be overkill for sure.


Definitely would be, yeah.
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PostPosted: Fri Mar 22, 2019 10:53 am    Post subject:

Well the charges are:

1) one felony charge of interference with a flight crew and
2) one misdemeanor charge of assault.

What scenarios would actually warrant 21 years of prison under these 2 charges?
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PostPosted: Fri Mar 22, 2019 11:15 am    Post subject:

LongBeachPoly wrote:
Well the charges are:

1) one felony charge of interference with a flight crew and
2) one misdemeanor charge of assault.

What scenarios would actually warrant 21 years of prison under these 2 charges?


I'd say if there was intent by the individual of heading towards the cockpit and the crew's response is what led to the 2 charges. I'm sure there'd be additional charges in that scenario though.
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PostPosted: Fri Mar 22, 2019 11:32 am    Post subject:

LongBeachPoly wrote:
Well the charges are:

1) one felony charge of interference with a flight crew and
2) one misdemeanor charge of assault.

What scenarios would actually warrant 21 years of prison under these 2 charges?


I’d guess the leeway is built In as a function of the degree of the interference in that first charge.m since the other is a misdemeanor.

Her actions seems to be on the less egregious side, whereas, interfering with a flight crew to say, deviate the flight path would be on the greater side.
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PostPosted: Fri Mar 22, 2019 12:37 pm    Post subject:

ringfinger wrote:
Her actions seems to be on the less egregious side


One of the air marshals involved testified that Mornyang was “the worst disruptive passenger” he had ever encountered in his decade-long career with the Federal Air Marshal Service (FAMS).

ringfinger wrote:
whereas, interfering with a flight crew to say, deviate the flight path would be on the greater side.


What would be an example though? What kind of interference with a flight crew that would deviate the flight path (that isn't a hijacking)?
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PostPosted: Fri Mar 22, 2019 12:46 pm    Post subject:

LongBeachPoly wrote:
Well the charges are:

1) one felony charge of interference with a flight crew and
2) one misdemeanor charge of assault.

What scenarios would actually warrant 21 years of prison under these 2 charges?


Sentencing is based on uniform Federal Sentencing Guidelines. Considering she's not a US citizen & received a travel visa, it's unlikely she'll have a pre existing US criminal record. Therefore she'll have an offender classification of 1 and the Sentencing commission guidelines call for 24 to 30 months in prison, so she'll likely be behind bars for about 15 months.
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PostPosted: Fri Mar 22, 2019 1:30 pm    Post subject:

Aussiesuede wrote:
LongBeachPoly wrote:
Well the charges are:

1) one felony charge of interference with a flight crew and
2) one misdemeanor charge of assault.

What scenarios would actually warrant 21 years of prison under these 2 charges?


Sentencing is based on uniform Federal Sentencing Guidelines. Considering she's not a US citizen & received a travel visa, it's unlikely she'll have a pre existing US criminal record. Therefore she'll have an offender classification of 1 and the Sentencing commission guidelines call for 24 to 30 months in prison, so she'll likely be behind bars for about 15 months.


In your scenario of 24-30 months for a criminal history of 0-1 (offense level 17), the maximum sentence is only 51-63 months (or 4.25 - 5.25 yrs)

Wouldn't you have to find it on the chart where someone actually gets 21 yrs in prison?

On the chart, a person with a criminal history of 13 or more and and offense level of 32 or more would get 210 months to 262 months (17.5 yrs to 21.8 yrs)

So, an offense level of 32 but criminal history of 0 or 1 would receive: 121 to 151 months (or 10-12.5 yrs).

https://www.ussc.gov/guidelines/2018-guidelines-manual/2018-chapter-5
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PostPosted: Fri Mar 22, 2019 1:52 pm    Post subject:

LongBeachPoly wrote:
ringfinger wrote:
Her actions seems to be on the less egregious side


One of the air marshals involved testified that Mornyang was “the worst disruptive passenger” he had ever encountered in his decade-long career with the Federal Air Marshal Service (FAMS).

ringfinger wrote:
whereas, interfering with a flight crew to say, deviate the flight path would be on the greater side.


What would be an example though? What kind of interference with a flight crew that would deviate the flight path (that isn't a hijacking)?


Well, we'd need some context. Was the second most disruptive a terrorist? Or a snarky grandpa? I mean, for an Air Marshal, that can run the gamut, no?

I can only go on the information that I have. And based on the information that I have, it seems she was basically drunk and disorderly and didn't really do, or try to do, anything significantly more than what occurs on a regular basis at a bar.

So for that reason, and assuming there is no prior history of this kind of other violent behaviors, I would expect them to go closer to the soft side of the punishment than the max.
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PostPosted: Fri Mar 22, 2019 2:06 pm    Post subject:

ringfinger wrote:
LongBeachPoly wrote:
ringfinger wrote:
Her actions seems to be on the less egregious side


One of the air marshals involved testified that Mornyang was “the worst disruptive passenger” he had ever encountered in his decade-long career with the Federal Air Marshal Service (FAMS).

ringfinger wrote:
whereas, interfering with a flight crew to say, deviate the flight path would be on the greater side.


What would be an example though? What kind of interference with a flight crew that would deviate the flight path (that isn't a hijacking)?


Well, we'd need some context. Was the second most disruptive a terrorist? Or a snarky grandpa? I mean, for an Air Marshal, that can run the gamut, no?

I can only go on the information that I have. And based on the information that I have, it seems she was basically drunk and disorderly and didn't really do, or try to do, anything significantly more than what occurs on a regular basis at a bar.

So for that reason, and assuming there is no prior history of this kind of other violent behaviors, I would expect them to go closer to the soft side of the punishment than the max.


Cool,

And I asked you, what examples can you come up with that would be on the more egregious side? You're speaking in generalities but I'm asking for a more specific example.

You mentioned "interfering with a flight crew to say, deviate the flight path would be on the greater side."

Can you give me an example where a passenger would do something egregious where it would force them to deviate from their flight path (and only be charged with interfering with a flight crew and misdemeanor assault).

Basically, paint me a picture of a person that would "deserve" 21 years under these 2 charges (and only these 2 charges) (no terroristic activities since those carry their own charges).
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PostPosted: Fri Mar 22, 2019 3:08 pm    Post subject:

LongBeachPoly wrote:
Aussiesuede wrote:
LongBeachPoly wrote:
Well the charges are:

1) one felony charge of interference with a flight crew and
2) one misdemeanor charge of assault.

What scenarios would actually warrant 21 years of prison under these 2 charges?


Sentencing is based on uniform Federal Sentencing Guidelines. Considering she's not a US citizen & received a travel visa, it's unlikely she'll have a pre existing US criminal record. Therefore she'll have an offender classification of 1 and the Sentencing commission guidelines call for 24 to 30 months in prison, so she'll likely be behind bars for about 15 months.


In your scenario of 24-30 months for a criminal history of 0-1 (offense level 17), the maximum sentence is only 51-63 months (or 4.25 - 5.25 yrs)

Wouldn't you have to find it on the chart where someone actually gets 21 yrs in prison?

On the chart, a person with a criminal history of 13 or more and and offense level of 32 or more would get 210 months to 262 months (17.5 yrs to 21.8 yrs)

So, an offense level of 32 but criminal history of 0 or 1 would receive: 121 to 151 months (or 10-12.5 yrs).

https://www.ussc.gov/guidelines/2018-guidelines-manual/2018-chapter-5


The judge has the discretion to sentence at the Highest level (The broad charge of felony interfering with a flight crew) or the lower underlying comparable charge (assault and disorderly conduct). The lower charge comes in at a zone 17, which equals 24-30 months.

When we look at the conduct of the court to date, everything points to a sentence at the lowest end of the spectrum.

1) The Judge released the subject from custody at the soonest possible time, 2 days after arrest - and didn't make her wait for her arraignment plea.

2) The Judge allowed her to be released on an unsecured $10,000 bond (Basically an Own Recognisance bond at the Federal level.

3) 2 Days after her court appearance, the Judge granted her request to have her Passport returned so she could go on vacation to New York.

4) The Judge has not mandated her presence in court for the proceedings.

Everything points to a sentencing at the lowest end of the range available. Considering that Joseph Hudek, the man who tried to open an airplane door, got the typical 24 month sentence for his Interference with a flight crew and 3 assaults, I'd say 15 months (Correction, my math was off - 20 Months) behind bars is likely spot on for a 24 year old, non criminal, drunk slapper. And if the Judge let's her transfer and serve her sentence in her home country (likely) then she'll serve no time behind bars because Australia only send criminals to prison. Non criminals get community sentence penalties (community service).
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PostPosted: Fri Mar 22, 2019 4:01 pm    Post subject:

LongBeachPoly wrote:
ringfinger wrote:
LongBeachPoly wrote:
ringfinger wrote:
Her actions seems to be on the less egregious side


One of the air marshals involved testified that Mornyang was “the worst disruptive passenger” he had ever encountered in his decade-long career with the Federal Air Marshal Service (FAMS).

ringfinger wrote:
whereas, interfering with a flight crew to say, deviate the flight path would be on the greater side.


What would be an example though? What kind of interference with a flight crew that would deviate the flight path (that isn't a hijacking)?


Well, we'd need some context. Was the second most disruptive a terrorist? Or a snarky grandpa? I mean, for an Air Marshal, that can run the gamut, no?

I can only go on the information that I have. And based on the information that I have, it seems she was basically drunk and disorderly and didn't really do, or try to do, anything significantly more than what occurs on a regular basis at a bar.

So for that reason, and assuming there is no prior history of this kind of other violent behaviors, I would expect them to go closer to the soft side of the punishment than the max.


Cool,

And I asked you, what examples can you come up with that would be on the more egregious side? You're speaking in generalities but I'm asking for a more specific example.

You mentioned "interfering with a flight crew to say, deviate the flight path would be on the greater side."

Can you give me an example where a passenger would do something egregious where it would force them to deviate from their flight path (and only be charged with interfering with a flight crew and misdemeanor assault).

Basically, paint me a picture of a person that would "deserve" 21 years under these 2 charges (and only these 2 charges) (no terroristic activities since those carry their own charges).


Dude. You don’t have to dig this deep to find the dirt. Jus lt use some common sense guessing and/or wait for more information to come out.

My gut says it’ll be on the soffter side based on the links you gave me. That’s all I got on this one.
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PostPosted: Fri Mar 22, 2019 4:41 pm    Post subject:

ringfinger wrote:
LongBeachPoly wrote:
ringfinger wrote:
LongBeachPoly wrote:
ringfinger wrote:
Her actions seems to be on the less egregious side


One of the air marshals involved testified that Mornyang was “the worst disruptive passenger” he had ever encountered in his decade-long career with the Federal Air Marshal Service (FAMS).

ringfinger wrote:
whereas, interfering with a flight crew to say, deviate the flight path would be on the greater side.


What would be an example though? What kind of interference with a flight crew that would deviate the flight path (that isn't a hijacking)?


Well, we'd need some context. Was the second most disruptive a terrorist? Or a snarky grandpa? I mean, for an Air Marshal, that can run the gamut, no?

I can only go on the information that I have. And based on the information that I have, it seems she was basically drunk and disorderly and didn't really do, or try to do, anything significantly more than what occurs on a regular basis at a bar.

So for that reason, and assuming there is no prior history of this kind of other violent behaviors, I would expect them to go closer to the soft side of the punishment than the max.


Cool,

And I asked you, what examples can you come up with that would be on the more egregious side? You're speaking in generalities but I'm asking for a more specific example.

You mentioned "interfering with a flight crew to say, deviate the flight path would be on the greater side."

Can you give me an example where a passenger would do something egregious where it would force them to deviate from their flight path (and only be charged with interfering with a flight crew and misdemeanor assault).

Basically, paint me a picture of a person that would "deserve" 21 years under these 2 charges (and only these 2 charges) (no terroristic activities since those carry their own charges).


Dude. You don’t have to dig this deep to find the dirt. Jus lt use some common sense guessing and/or wait for more information to come out.

My gut says it’ll be on the soffter side based on the links you gave me. That’s all I got on this one.


I notice every conversation with you go like this: you make a statement, I ask for an example. You start dancing and calling me dude.

I have a simple rule. Any relevant statement can be backed up with an example.

You gave an opinion that what this person did was on the less egregious side and doesn’t warrant the max sentence. Cool.

I’m asking you what actions would be on the more egregious side and warrant the max sentence. I’m asking your opinion. What kind of actions under these two charges would you deem egregious enough to warrant the max sentence.

If you feel you can’t answer, then you can’t answer. But if you can’t think of anything egregious enough, then what baseline would you compare it to to say these actions are less egregious?

I mean, you already came up with some general answer - altering the flight path or something. I’m asking you for a specific example of what can a person to do alter the flight path? I’m just asking what was in your head. I mean when you said “alter a flight path” you must have had a scenario in your head. Can you share that scenario with us?
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PostPosted: Fri Mar 22, 2019 5:28 pm    Post subject:

LongBeachPoly wrote:

I’m asking you what actions would be on the more egregious side and warrant the max sentence. I’m asking your opinion. What kind of actions under these two charges would you deem egregious enough to warrant the max sentence.



An example of a more egregious act would be that of Joseph Hudek. He received the same charge for attempting to open an emergency door mid flight and hitting three separate crew members. His sentence was 24 months on more egregious circumstances than this case.

Other more egregious circumstances falling under this same charge would be:

1) Faking a coughing attack and saying you've contracted Ebola and then chasing crew members trying to cough on them causing the pilot to change course and make an emergency landing at the nearest airfield.

2) Sitting in an unassigned seat then telling the flight crew that there are plastic explosives in the luggage hold, then refusing to identify yourself, causing the pilot to make an emergency landing to suss out the situation.

3) Tackling a member of the flight crew who was trying to render emergency assistance to another passenger allowing that passenger then to become gravely ill forcing an emergency landing to render emergency care.

Really truly an endless list of scenarios more egregious than a drunk young adult acting like a arsehat.
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PostPosted: Fri Mar 22, 2019 8:45 pm    Post subject:

Aussiesuede wrote:
LongBeachPoly wrote:

I’m asking you what actions would be on the more egregious side and warrant the max sentence. I’m asking your opinion. What kind of actions under these two charges would you deem egregious enough to warrant the max sentence.



An example of a more egregious act would be that of Joseph Hudek. He received the same charge for attempting to open an emergency door mid flight and hitting three separate crew members. His sentence was 24 months on more egregious circumstances than this case.

Other more egregious circumstances falling under this same charge would be:

1) Faking a coughing attack and saying you've contracted Ebola and then chasing crew members trying to cough on them causing the pilot to change course and make an emergency landing at the nearest airfield.

2) Sitting in an unassigned seat then telling the flight crew that there are plastic explosives in the luggage hold, then refusing to identify yourself, causing the pilot to make an emergency landing to suss out the situation.

3) Tackling a member of the flight crew who was trying to render emergency assistance to another passenger allowing that passenger then to become gravely ill forcing an emergency landing to render emergency care.

Really truly an endless list of scenarios more egregious than a drunk young adult acting like a arsehat.


Thank you for this list.

Joseph Hudek - that’s got to be a different charge than interference witha flight crew

1) I think the charge would be something more than interference w/ the flight crew.

2) bomb threat has to be a more serious charge than interference witha flight crew

3) that’s got to be a more serious charge than interference with the flight crew

My question is - what situation/scenario would warrant 21 yrs in prison for these 2 charges.
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PostPosted: Fri Mar 22, 2019 8:52 pm    Post subject:

Aussiesuede wrote:
LongBeachPoly wrote:

I’m asking you what actions would be on the more egregious side and warrant the max sentence. I’m asking your opinion. What kind of actions under these two charges would you deem egregious enough to warrant the max sentence.



An example of a more egregious act would be that of Joseph Hudek. He received the same charge for attempting to open an emergency door mid flight and hitting three separate crew members. His sentence was 24 months on more egregious circumstances than this case.

Other more egregious circumstances falling under this same charge would be:

1) Faking a coughing attack and saying you've contracted Ebola and then chasing crew members trying to cough on them causing the pilot to change course and make an emergency landing at the nearest airfield.

2) Sitting in an unassigned seat then telling the flight crew that there are plastic explosives in the luggage hold, then refusing to identify yourself, causing the pilot to make an emergency landing to suss out the situation.

3) Tackling a member of the flight crew who was trying to render emergency assistance to another passenger allowing that passenger then to become gravely ill forcing an emergency landing to render emergency care.

Really truly an endless list of scenarios more egregious than a drunk young adult acting like a arsehat.[/b]


Bingo. Not to diminish the severity of compromising the safety of an air crew, but that's the essence of what happened. There's nothing accomplished by ruining a foolish young person's life over an incident like this.
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