NORFOLK
To federal
prosecutors, a Virginia Beach man's repeated decisions to shine a laser
pointer at passing Navy jets put countless lives at risk. The pilots
could have been temporarily blinded by Robert Bruce and crashed,
prosecutors said.
To his defense attorney,
Bruce's so-called "laser dazzling" in anger over jet noise was not even
as serious as road rage: When a driver goes off the handle behind the
wheel, he or she is armed with a car or other weapon.
"Mr. Bruce was not close
enough to the pilots to cause eye damage, and the pilots training,
instinct, and flight profile make Mr. Bruce's dazzling benign and merely
a nuisance," Assistant Public Defender Keith Kimball said in court
documents.
Hoping to keep his client
out of jail, Kimball plans to ask a federal judge today to place his
client on probation and order him to attend anger management classes,
according to the documents.
Special Assistant U.S.
Attorney Christopher A. George, on the other hand, says laser harassment
is a serious crime and should be treated as such. He plans to ask the
court to sentence Bruce to the low end of federal sentencing guidelines -
18 to 24 months in this case.
Kimball and prosecutors declined to comment prior to today's sentencing in U.S. District Court.
Bruce, who moved to
Chesapeake after his arrest, pleaded guilty July 31 to one count of
interfering with the operation of an aircraft.
According to court
documents, at least 10 Navy pilots reported seeing lasers emanating from
the area of Bruce's home in Princess Anne Plaza between Dec. 29 and
June 5.
In addition to using the
laser, Bruce, a Vietnam veteran, repeatedly called Oceana's Flight
Operations and Noise Concerns line to complain about the jets. In some
of the 21 calls he made, he mentioned violence.
"One day, someone's gonna
blow your ass up, start taking potshots at your (expletive) precious
jets," Bruce said in one message, court documents said.
The Naval Criminal
Investigative Service caught Bruce red-handed, according to the
documents. Arriving to serve a search warrant on his home June 5, they
saw him walk outside and train a laser at a passing jet, they said
Laser harassment is a
growing problem for military and civilian aviators. A laser beam can
light up the inside of a cockpit, making it hard for pilots to read the
plane's instruments and potentially injuring their eyes, pilots have
said.
Nationwide, there were
3,592 laser reports to the Federal Aviation Administration in 2011, up
from 2,836 in 2010 and 1,527 in 2009.
In court documents,
Kimball blamed his client's actions on the falling value of his former
home in Virginia Beach. He said Bruce believed the jet noise was hurting
his resale value and snapped. Usually while drinking, the 56-year-old
heavy-machinery mechanic would walk outside and shine at passing jets a
pen laser he normally used to play with his cats.
"His concerns to the NAS
Oceana Air Operations Community Noise Complaint Line went completely
unaddressed, as are everyone's calls to the Complaint Line," Kimball
said before comparing his client to someone who exhibits road rage.
While saying his client
is sorry for what he did, Kimball also argued Bruce should be punished
only for what happened, not what could have happened.
The ability for aircrew
to eject in a split second makes the F/A-18 Hornet among the most
survivable aircraft if a pilot faces an imminent crash, he said.
Prosecutors don't agree.
"Laser harassment of
pilots in flight can result in visual impairment, obscure the aircraft's
windscreen, and distract the pilot during critical flight phases such
as takeoff and landing," said George, who plans to have a Navy pilot
testify today. "Any one of these detrimental effects could cause a
catastrophic crash."
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