By Bee Staff
A federal judge has been sentenced a man to a year and a day in prison for pointing a laser at a California Highway Patrol helicopter, interfering with the pilots' abilities to operate the aircraft, according to the U.S. Attorney's Office in Sacramento.
U.S. Attorney Benjamin B. Wagner said today that sentenced Robert Duane Nighswander, 44, of Orland, also must serve three years of supervised released after his prison sentence is over.
According to the plea agreement here's how events transpired:
On Oct. 21, 2009, The CHP was conducting a felony traffic stop near Nighswander's home in Orland. Two CHP officers, both licensed pilots, were providing aerial support in a helicopter approximately 700 feet above the ground.
Nighswander pointed a green laser device with a range of up to seven miles at the pilots to see if they would react.
Nighswander pointed the laser at the helicopter at least four times, affecting the pilots' vision and ability to control the craft.
But the pilots kept the helicopter in the air, and identified the source of the laser.
Both pilots reported being unable to see during portions of their flight, and one reported a lingering headache severe enough to render him unable to pilot an aircraft for several hours after the incident.
Officers on the ground then confronted Nighswander who admitted pointing his laser at the helicopter and directed officers to where he had hidden the laser in his garage.
During the sentencing, Nighswander apologized to the California Highway Patrol and its officers for endangering the flight.
He agreed with Judge John A. Mendez's observation that he could have killed someone.
In determining that a sentence of one year and one day was appropriate, Judge Mendez noted Nighswander's near lifetime drug addiction and Nighswander's significant steps in battling and overcoming that addiction following his arrest, as well as his prompt and continuing acknowledgment that his actions were dangerous "and stupid."
Nighswander is expected to begin serving his sentence in December.
This case was the product of a joint investigation by the CHP, the Federal Air Marshals and the FBI Joint Terrorism Task Force. Assistant U.S. Attorney Matthew D. Segal prosecuted the case.
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