11-09-05 -- Banach, David W. -- Guilty Plea -- News Release

Parsippany Man Admits Interfering with Aircraft by Shining Laser at Plane Approaching Teterboro

NEWARK - A Parsippany man pleaded guilty today to a federal charge of interfering with pilots of a passenger aircraft by shining a hand-held laser into the cockpit of a plane on approach to Teterboro Airport, U.S. Attorney Christopher J. Christie announced.

David W. Banach, 39, admitted before U.S. District Judge John C. Lifland that on Dec. 29, 2004, he purposefully and voluntarily shined a hand-held laser at an aircraft in the vicinity of his Parsippany home.

The charge to which Banach pleaded guilty - interference with pilots of a passenger aircraft - is a Patriot Act offense, and carries a maximum statutory penalty of 20 years in prison. However, under the advisory U.S. Sentencing Guidelines that Judge Lifland will consider, Banach faces a sentencing range of about 18 to 24 months. The judge, however, is not bound by the guidelines and can impose a sentence above or below that range.

"We are pleased that Mr. Banach has taken responsibility for his conduct," Christie said. "There's no minimizing or underestimating the tragic potential and danger to innocent lives posed by such behavior. We stand ready to prosecute anyone who puts lives at risk in such a way."

Banach was first charged by way of a criminal complaint following the Dec. 29, 2004 incident, in which a charter aircraft had its cockpit illuminated by a green laser beam on approach to Teterboro Airport in Bergen County. He was subsequently indicted, on March 23, with one count of interference with pilots of an aircraft and two counts of making false statements to law enforcement officers (the FBI).

Banach allegedly targeted the jet with six passengers while en route from Boca Raton, Fla, to Teterboro. The plane was on landing approach, traveling at about 3,000 feet at approximately 250 knots in a high-traffic area, when a green-colored laser beam illuminated the plane's windscreen and cockpit three times, according to Banach's Indictment.

The laser beam flashes illuminated the cockpit, disorienting both pilots and causing them a temporary loss of night vision. It was the government's position that this loss of vision briefly prevented the pilots from observing the aircraft's flight instruments and other aircraft in the vicinity.

The aircraft's lead pilot radioed the Federal Aviation Administration (FAA) regional air traffic controller and reported the incident. According to the Indictment, Banach subsequently admitted in a handwritten statement to shining the laser at the aircraft.

Christie credited Special Agents of the FBI, under the direction of Special Agent in Charge Leslie Wiser, Jr., and the Federal Aviation Administration, under the direction of with the investigation of Banach. Christie also thanked the Port Authority Police, under the direction of Superintendent Samuel Plumeri, Jr., and numerous local police departments, which responded in the days after the laser incident, particularly the Morris Plains Police Department and the Parsippany Police Department. Christie also credited the prosecutor's offices of Passaic, Morris and Bergen counties, for their assistance.

The case was prosecuted by Assistant U.S. Attorneys Christopher J. Gramiccioni and Ricardo Solano.

-end-

Defense Counsel: Thomas M. Madden, Esq. and Gina Mendola Longarzo, Esq., Florham Park