FAA complaint against Stacy Antawn Barret

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  • 8/9/2019 FAA complaint against Stacy Antawn Barret

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    U.S. Department

    of

    Transportation

    Federal

    Aviation

    Administration

    Jtjhl

    3

    ,:'i,J

    Southern

    Region

    Office

    of

    the Regional

    Counsel

    P.O.

    Box

    20636

    Atlanta,

    Georgia

    30320

    (404)

    30s-s200

    (404)

    30s-s223

    FAX

    2009so110098

    Stacy

    Antawn

    Barrett

    I

    Stacy

    Antawn

    Barrett

    CERTIFIED

    -

    RETTJRN

    RECEIPT

    REOUESTED

    &

    REGI-ILAR

    MAIL

    Stacy

    Antawn

    Barret

    c/o Robert

    W.

    Dodd

    ORDER

    ASSESSING

    CIVIL

    PENALTY

    On

    January

    15,2010,

    you

    were

    advised

    through

    a Final

    Notice

    of

    Proposed

    Civil

    Penalty

    that

    the

    FAA

    proposed

    to

    assess

    a

    civil

    penalty

    in

    the amount

    of

    $15,000.

    After

    consideration

    of all

    of the

    available

    information

    in

    this

    matter.

    it has been

    determined

    that:

    1'.

    On or about

    June

    10,

    2009, you

    were

    a

    pNsenger

    aboard

    Pinnacle

    Airlines

    flight

    number

    2210 (hereinafter

    "Flight

    2210")

    from

    Jacksonville,

    Florida

    (JAX),

    to

    Memphis,

    Tennessee (MEM).

    2.

    During

    takeoff

    and

    shortly

    thereafter,

    the

    "Fasten

    Seat Belt"

    sign

    was

    illuminated.

    3.

    Despite

    the

    illuminated

    "Fasten

    Seat

    Belt"

    sign,

    you

    left

    your

    seat

    to

    use the

    lavatory.

    Stacy

    Antawn

    Barrett

    Stacy

    Antawn

    Barrett

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    4.

    5.

    During

    flight

    the

    "Fasten

    Seat

    Belt"

    sign was

    illuminated.

    Despite

    the

    illuminated

    "Fasten

    Seat Belt"

    sign,

    you

    stood

    from

    your

    seat to

    yell,

    "You

    are

    a racist,

    no

    thanks

    on the

    coffee "

    6'

    Additionally,

    during the

    flight

    you made

    verbal

    and./or

    physical comments,

    threats,

    and./or gestures,

    including,

    but not

    limited

    to

    the

    following:

    a.

    "She

    is

    a racist "

    -

    directed

    at the

    flight

    attendant.

    b.

    "She

    is from

    the

    Arian

    nation,

    bitch "

    -

    directed

    at

    the flight

    attendant.

    c.

    "There

    are

    people

    I

    know that

    would

    have stabbed

    you

    with

    a Rambo knife

    by

    now."

    -

    directed

    at

    the

    flight

    attendant.

    d.

    "What

    the

    fxck are

    you

    lookin'

    at

    you

    white

    b*tch?"

    -

    directed at

    a female

    passenger.

    e. "All you

    white

    mother

    fxcking

    racists,

    I'll

    have someone

    waiting

    for

    you

    when

    you

    get

    off in

    Memphis "

    -

    directed

    at

    passengers.

    f. "Shut-up "

    -

    directed

    at minor

    passengers.

    g.

    Hitting

    the

    seat

    back

    of a minor passenger.

    Your

    conduct

    caused

    a reasonable

    apprehension

    of imminent

    bodily

    harm in

    the

    minils of

    the

    passengers and/or

    crew

    members.

    You

    made

    contact of

    an

    insulting

    or

    provoking

    nature

    with

    another

    passenger

    You

    behavior

    caused

    the cabin

    and

    flight

    crew to

    become

    concerned

    for

    the safety

    of

    the

    aircraft,

    crew,

    and

    passengers

    such

    that

    the

    flight crew

    diverted to

    Birmingham,

    Alabama,

    in order

    to

    remove

    you

    from

    the aircraft.

    10. Your

    disruptive

    behavior

    interfered

    with

    the

    crewmembers' performance

    of their

    duties.

    I

    l.

    Consequently, your

    behavior

    on

    Flight

    2210

    was

    in violation of

    the

    following

    United

    States

    Code and

    Federal

    Aviation

    Rezulations:

    a. 49

    U.S.C.

    $

    a6318(a)

    -

    An individual

    who physically

    assaults

    or threatens

    to

    physically

    assault

    a

    member

    of

    the

    flight cre\ry

    or cabin crew

    of

    a

    civil

    aircraft

    or illy

    other

    individual

    on the

    aircraft,

    or takes

    any action

    that

    poses

    an

    imminent

    threat

    to

    the

    safefy

    of

    the

    aircrafr.

    or other individuals

    on the

    aircraft

    7.

    8.

    9.

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    c.

    is

    liable

    to

    the

    United

    States

    Government

    for

    a civil

    penalty

    of not

    more than

    $25,000.

    14

    c.F.R.

    $

    121

    .317( -

    Each

    passenger

    required

    by

    l2t.31r(b)

    ro occupy

    a

    seat

    or

    berth

    shall

    fasten

    his or

    her

    safety

    belt about

    him

    or

    her

    and

    keep

    it

    fastened

    while

    the "Fasten

    Seat

    Belt"

    sign

    is lighted.

    14

    c.F.R.

    $

    121.317(k)

    -

    Each passenger

    shall

    comply

    with

    instructions

    given

    him

    or

    her

    by

    a crewmember

    regarding

    compliance

    with

    paragraphs (,

    (g),

    (h),

    and

    (l)

    of

    this

    section.

    d.

    14.

    C.F.R.

    $

    121.580

    -

    No

    person

    may

    assault,

    threaten,

    intimidate,

    or interfere

    with

    a

    crewmember

    in

    the

    performance

    of

    the crewmember's

    duties

    aboard

    an

    aircraft

    being

    operated.

    NOW, THEREFORE,

    IT

    IS

    ORDERED,

    pursuant

    to

    49

    U.S.C.

    Sections a6301(a)-(d),

    that

    you

    be

    and

    hereby

    are

    assessed

    a

    civil

    penalty

    in

    the amount

    of

    $15,000.

    You are

    hereby

    ordered

    to

    pay,

    immediately,

    the

    assessed

    amount

    by mailing

    or delivering

    a

    cprtified

    check

    or money

    order

    in

    the amount

    of

    $15,000,

    payable

    to

    the

    "Federal

    Aviation

    Administration,"

    to:

    FA1^/ANLZ-350

    P.O.

    Box

    25170

    Oklahoma

    City,

    OK 73125

    The

    amount

    of

    civil

    penalty

    assessed

    in

    this

    Order constitutes

    a

    debt

    owed to the

    United

    States.

    You have

    now

    exhausted

    your

    right

    to

    seek

    review

    of

    the

    validity

    or

    amount

    of

    this

    debt.

    If

    this

    debt

    is

    not paid

    in full

    within 30

    days

    of

    your

    receipt

    of

    this

    letter, the

    debt is considered

    delinquent.

    For

    delinquent

    debts,

    federal

    regulation

    (49

    C.F.R.

    $39.23)

    requires

    us to

    charge

    interest,

    from

    the

    date

    of this

    Order,

    at a

    ftxed, annual

    rate

    of

    I%o, along

    with

    an

    administrative

    charge of

    $12.00

    per

    month,

    representing

    our

    costs

    of

    administrative

    collection.

    Furthermore,

    if

    the

    full

    amount

    assessed

    is

    not

    paid

    in

    full

    within

    120

    days of

    your

    receipt

    of

    this

    letter, we

    are

    required

    to

    assess

    an

    additional

    penalty

    at an

    annual

    rate

    of

    60/o,

    accruing

    from

    the

    date

    of

    delinquency.

    Delinquent

    debts

    may

    be

    reported

    to

    consumer

    reporting

    agencies

    or

    commercial

    credit

    bureaus,

    which

    could

    adversely

    affect

    your

    credit

    rating.

    Non

    payment

    of

    this debt

    may

    ultimately

    result

    in

    a referral

    to a

    collection

    agency,

    the

    Internal

    Revenue

    Service,

    or to the

    United

    States

    Department

    of

    Justice

    for

    enforced

    collection.

    EDDIE

    L. THOMAS

    REGIONAL

    COLTNSEL

    b.

    Bv:

    Oriono

    MLLIAM

    P. VS

    I

    signed

    by

    Attomey

    Office of the

    Regional

    Counsel

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    CERTIFICATE

    OF SERVICE

    I

    hereby

    certiff

    that

    the

    foregoing

    Order Assessing

    Civil Penalty has been mailed

    by Certified

    Mail

    &

    Regular

    Mail to:

    Stacy

    Antawn

    Barret

    \r-