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Judge rejects plea for endangering an aircraft with laser light

judge bench http://www.istockphoto.com/file_thumbview_approve.php?size=1&id=13316132

KINGMAN, Ariz. – A local judge has torpedoed a plea agreement offered in the case of a Bullhead City man charged with pointing a laser beam at an in-flight helicopter in the spring. The proposed deal unveiled during a July 1 hearing featured a no-prison guarantee for Daniel Deluna, 56.

Judge Billy Sipe criticized the leniency of the agreement that required him to place Deluna on probation and restricted any incarceration to no more than one year in the Adult Detention Facility. Sipe said the Mohave County Attorney’s Office “was crushed” by the defense in the plea negotiation.

“This is very, very dangerous conduct against an in-flight aircraft, and it seems to me that the state is not taking this as seriously as it should,” Sipe said. “This was a medical helicopter in flight approaching the airport.”

Defense attorney Ross Carponelli explained that Deluna had concerns about drones flown in Bullhead City and that he was not using the laser to aim at the medical helicopter at 9 p.m. on May 9.

“It flew into the projected path of the laser that was being pointed at something else,” Carponelli said. He said that the pilots were still able to operate the helicopter safely.

“This plea agreement is simply inappropriate in this Court,” Judge Sipe said, expressing that prison would be an appropriate disposition. “Maybe a different judge would have no problem with this plea agreement, but I do.”

Deluna exercised his right to withdraw from the plea. Judge Sipe recused himself and transferred the case for reassignment to another judge.

Deluna is charged with aiming a laser pointer at an occupied aircraft and possession of methamphetamine and drug paraphernalia.