DAVID S. HOWELL PLEADS GUILTY IN U.S. FEDERAL COURT

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on April 19, 2007, before U.S. District Judge Richard F. Cebull, DAVID S. HOWELL, a 34-year-old resident of Eugene, Oregon, pled guilty to interference with flight crew members and attendants. Sentencing is set for July 18, 2007. He is currently released on special conditions.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On August 8, 2005, at 3:10 p.m., a United Airlines flight departed from Chicago, Illinois en route to Portland, Oregon. A Purser on the flight noted that the flight was completely full.

HOWELL had boarded the aircraft with a water bottle filled with vodka. He later admitted that he had also taken Valium (for which he had a prescription) for his insomnia.

Flight attendants first noticed the water bottle during boarding when HOWELL requested a cup of ice from them. After giving HOWELL a cup of ice, a flight attendant watched HOWELL retrieve the water bottle from an overhead bin. During the flight, a flight attendant performed the beverage service during which HOWELL again asked the flight attendant for a cup of ice, but this time with a lime or lemon. The flight attendant complied, and then asked HOWELL if the water bottle contained alcohol. HOWELL said no. The flight attendant informed HOWELL that passengers are not allowed to bring their own alcohol onto an airplane. HOWELL again denied that there was any alcohol in the water bottle.

A United Airlines employee who was pass-riding Flight 929 approached a flight attendant and informed her that HOWELL was acting "crazy" and using profanity. The flight attendant noticed that many children were sitting near HOWELL. The flight attendant told HOWELL that he must stop using profanity and calm down.

HOWELL advised the flight attendant that he required use of the lavatory. Once in the lavatory, HOWELL began banging on the walls and cursing. A female passenger notified the flight attendant that HOWELL had been drinking his own alcohol from a water bottle and had consumed 3/4 of it within the first 30 minutes of the flight. While HOWELL was still in the lavatory, the flight attendant went to HOWELL'S seat, located the water bottle, opened it, and smelled alcohol. She then emptied the bottle, rinsed it out, and returned it to HOWELL'S seat.

HOWELL exited the lavatory and a male flight attendant attempted to help HOWELL to his seat. The male flight attendant stood to the front of row 15, blocking HOWELL access to move about the cabin, and told him approximately ten times to sit down.

HOWELL threatened the male flight attendant while pointing a finger within an inch of the male flight attendant's nose, saying "I'll kill you." HOWELL then pushed the male flight attendant with both hands, striking him in the chest area. HOWELL went to poke the male flight attendant again, but the male flight attendant grabbed HOWELL'S wrist, shoved him into his seat, and buckled his seat belt. Because HOWELL was located in an exit row seat, the male flight attendant notified the other exit row passengers that their responsibility had increased due to HOWELL'S intoxicated condition, and that they may have to man the exit row door in the event of an emergency.

The flight attendants had been keeping the Captain apprised of these incidents and their belief that HOWELL was intoxicated. The Captain then made the decision to divert the plane for a landing in Billings. The Captain announced that the plane was diverting due to operational problems, so as not to further upset HOWELL. During the descent into Billings, the first flight attendant noticed HOWELL poking a male passenger seated across the aisle from him in the chest with a pencil until the aircraft landed.

Upon landing at approximately 5:22 p.m., the aircraft taxied to a remote pad where fire and police officers were waiting for them. Billings Police officers entered the plane. A flight attendant pointed to HOWELL and stated he was the one that was causing problems. The flight attendant then handed one of the police officers the empty water bottle and stated that HOWELL had been drinking from it. An officer opened the bottle and detected a strong odor of alcohol.

The officers informed HOWELL that he was going to be removed from the flight for causing such a disturbance as to cause the flight to divert to Billings. It was obvious to the officers that HOWELL was extremely intoxicated, and they instructed HOWELL to come with them. HOWELL then grabbed the side of the seat and straightened out his legs to lock them under the seat in front of him. An officer grabbed HOWELL by the arm and forced him out of the seat and into the aisle. The other officer grabbed HOWELL by the other arm and helped to escort HOWELL out of the aircraft. Once the ffficers reached the stairway ramp used to exit the plane, they handcuffed HOWELL. Half-way down the stairway ramp, HOWELL stopped walking and the officers had to carry him down the stairs.

HOWELL faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.

Assistant U.S. Attorney Carl E. Rostad prosecuted the case for the United States.

The investigation was conducted by the Federal Bureau of Investigation.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

United States Attorney's Office for the District of Montana

P.O. Box 1478

Billings, MT 59103

CONTACT
Kurt Alme
First Assistant U.S. Attorney
(406) 247-4669