L.A. Opens Own Probe of Alleged Violation Before Cerritos Crash

The Los Angeles city attorney’s office launched an unprecedented criminal investigation Thursday into allegations that a private pilot had entered restricted airspace on Aug. 31, minutes before the Cerritos air disaster that killed 82 people.

Federal officials have stressed that they believe pilot Roland P. Furman’s alleged flight through the Los Angeles Terminal Control Area (TCA) did not contribute to the midair collision between an Aeromexico DC-9 and the single-engine Piper Archer in another section of the restricted airspace.

But city prosecutors assert that Furman’s action and any other incursions may represent “careless and reckless flying” under the state Public Utilities Code, punishable by six months in jail and a $1,000 fine.

The investigation, initiated at the request of Councilman Richard Alatorre, represents a new interpretation of the law. Previously, the code had been enforced only for blatant violations, such as flying too low or performing aerobatics without a permit, City Atty. James Hahn said.

Traditionally, pilots who enter restricted airspace are disciplined by the Federal Aviation Administration, which can issue warnings and suspend or revoke the pilots’ certificates. The FAA has said it intends to suspend Furman’s certificate for 180 days. Furman, who is appealing the FAA decision, could not be reached for comment about the city attorney’s investigation.

“We’re not trying to make a scapegoat out of this particular pilot,” Hahn said. “We hope to have a deterrent effect. We want the pilots to stay out of our TCA if they don’t belong there.”

Any airspace violations that could potentially affect Los Angeles come under the city’s jurisdiction, the prosecutor asserted.

“We’re hopeful that we can be a supplement to the FAA and really protect the public,” Hahn said.

It was not clear Thursday whether the FAA welcomes the city’s efforts. Elly Bekke, an agency spokeswoman, said FAA officials in Los Angeles and Washington are reviewing Hahn’s request for assistance in the probe, including a copy of transcripts of the FAA’s conversation with Furman.

An Alatorre aide who has researched the city’s role in air safety said the FAA is “ambivalent” about the effort.

“They recognize the need for additional muscle. But having a municipality involved with them--it’s unique,” Brad Sales said. “Whether every prosecutorial entity in the U.S. is suddenly going to start doing this--that could create problems.”

Control area violations are commonplace over Los Angeles and throughout the country, federal authorities say. At a hearing of the National Transportation Safety Board in Los Angeles Thursday, an FAA official testified that a survey of 23 major airports since the Cerritos air disaster found 175 intrusions of restricted airspace by private aircraft in a six-hour period.