PORTLAND, Ore. (AP) — A federal judge on Monday ruled there would be no prison time for a former Alaska Airlines pilot who had taken psychedelic mushrooms days before he tried to cut the engines of a passenger flight in 2023 while riding off-duty in the cockpit.
U.S. District Court Judge Amy Baggio in Portland, Oregon, sentenced Joseph Emerson to time served and three years' supervised release, ending a case that drew attention to the need for and .
Federal prosecutors wanted a year in prison, while his attorneys sought probation.
“Pilots are not perfect. They are human,†Baggio said. “They are people and all people need help sometimes.â€
Emerson hugged his attorneys and tearfully embraced his wife after he was sentenced.
Emerson was subdued by the flight crew after trying to cut the engines of a Horizon Air flight from Everett, Washington, to San Francisco on Oct. 22, 2023, while he was riding in an extra seat in the cockpit. The plane was diverted and landed in Portland with more than 80 people.
Emerson he was despondent over a friend’s recent death, had taken psychedelic mushrooms about two days earlier, and hadn’t slept in over 40 hours. He has said he believed he was dreaming and was trying to wake up by grabbing two red handles that would have activated the fire suppression system and cut fuel to the engines.
He spent 46 days in jail and was released pending trial in December 2023, with requirements that he undergo mental health services, stay off drugs and alcohol, and keep away from aircraft.
Attorney Ethan Levi described his client's actions as “a product of untreated alcohol use disorder.†Emerson had been drinking and accepted mushrooms “because of his lower inhibitions,†Levi said.
Emerson went to treatment after jail and has been sober since, he added.
Baggio said the case is a cautionary tale. Before she sentenced him, Emerson said he regretted the harm he caused.
“I’m not a victim. I am here as a direct result of my actions,†he told the court. “I can tell you that this very tragic event has forced me to grow as an individual.â€
Loved ones and pilots addressed the judge
Emerson’s wife, Sarah Stretch, was among those who spoke on his behalf at the hearing.
“I am so sorry for those that it’s impacted as much as it has. But I am extremely proud to be here with this man today, because the growth that he has had from this terrible experience has not only helped him, but benefited all that surround him,†she said through tears.
One of the pilots of the 2023 Horizon Air flight, Alan Koziol, said he didn't think Emerson was acting with malice and that he seemed “more like a trapped animal than a man in control of his faculties.†Koziol said that while pilots bear “immense responsibility,†he also wanted to see the aviation industry become more open to allowing pilots to seek mental health care.
Lyle Prouse, sentenced to 16 months in prison for flying an airliner under the influence of alcohol in 1990, told the judge via videoconference that Emerson was “solidly engaged" in recovering. Prouse said he got sober and was eventually reinstated by the airline and retired as a 747 captain. He was pardoned by then-President Bill Clinton.
“I know Joe like nobody else in this courtroom knows Joe on that level,†he said.
Geoffrey Barrow, assistant U.S. attorney in the district of Oregon, said Emerson's actions were serious and that the crew “saved the day by intervening."
“There were 84 people on that plane who could have lost their lives," he said.
Alison Snyder told the court via phone that it was a traumatic experience for her and her husband as passengers.
“Because of Joseph Emerson's actions that day, we will never feel as safe flying as we once did," she said.
Emerson was already sentenced in state case
Emerson, of Pleasant Hill, California, had pleaded guilty or no-contest to all charges in September as part of agreements with prosecutors.
He was charged in federal court with interfering with a flight crew. A state indictment in Oregon separately charged him with 83 counts of endangering another person and one count of endangering an aircraft.
A state court sentenced him to 50 days in jail, with credit for time served, plus five years of probation, 664 hours of community service — half of which he can serve at his own — and over $60,000 in restitution, nearly all of it to Alaska Air Group. His sentence included rules over drugs, alcohol and mental health treatment, as well as avoiding aircraft.
His attorneys argued before federal sentencing that the “robust†state prosecution “resulted in substantial punishment.â€
Emerson told a state court in September he was grateful the crew restrained him. He said being forced to confront his mental health and alcohol dependence was the greatest gift he ever received.
