To: Honorable Judge Douglas M. Rawald 

RE: In the matter of 

Kenneth Ray Rumberger 

Case# EIR2015WP270015 

. ::~ 1 9 2016 

August 12, 2016 

f<ET 

Your honor first let me apologize for this Iate filing to you Honorable Judge Douglas M. Rawa!d, 

and the courts. 

Regarding June 29, 2016 at lpmEST, you asked me; Kenneth Ray Rumberger, whylwas not 

responding to letters sent to me from yourself Honorable Judge Douglas M. Rawald. 

I stated I received a letterfrom United States Department of Transportation Office of Hearings 

on March 21, 2016 Order Reassigning Proceeding which I have made a copy of and marked 

Exhibit l which clearly states"any dates set fur hearing orprehearing conference are suspended 

until further notice. All other orders remain in full force and effect absent further order," signed 

by Ronnie A Yoder Chief Administrative Law Judge. 

Once again, Honorable Judge Douglas M. Rawald, as to yourrequest; A1torneyLisa Toscano 

and I in accordance with this Honorable Courts Order served June 29,2016, the parties 

responded as follows. The parties confurred at an informal confurenceviatelephone on July ti, 

2016 at 4pmPST and meaningfully discussed litigation issues and proposed scheduling. A copy 

ofthejointreportregarding litigation and scheduling issues is attached and marked ExhibitS 

still unsigned for and I received the Joint Report on July 27, 2016. 

Your Honor, as Attorney Lisa Toscano and myself discussed over ourinfurmal conference on 

July 6, 2016 at 4pm PST, I received the Enforcement Investigative Report on July 27, 2016. 

Your Honor, you are aware that I am acting as my own attorney: I went over the Enforcement 

Investigative Report that Attorney Lisa Toscano provided me with as to our agreement on the 

conference call July 6, 2016 which I have enclosed as Exhibit C. 

Page 1 of3 
August 12, 2016 

Your honor, refurto Section B Statement of Case page 2 lOP# 3 is listed in the report butis not 

included in the Enforcement Investigative Report. Also, Honorable Judge Douglas M. Rawald, 

lOP #-4 is listed in the report but is not included in the Enforcement Investigative Report These 

two items (lOP # 3 and IOP # 4) are not included in FAA Agent Harris' record review. These are 

items that they also based their decision on. 

You are awarethatl have requested-that ali evidence be provided to me in the past and that has 

not happened. 

Your honor, I have no idea to knowwhether or not AttomeyLisa Toscano intends to present 

these reports to the courts and myself 

Your honor; as to December 16, 2014 FAA Oakland FSDO Aviation Safety InspectorDavid 

Jensen's certified letter, it clearly states on the letter: We would appreciate receiving any 

evidence or statements you might care to ma1re regarding this matter within 10 days of receipt of 

this letter. I am enclosing a copy of the envelope and contents. It is clear to me that David 

Jensen's report fails to allow the allotted time to respond. 

Your honor; !received this certified letter and contents which is clearly dated January "9, 20 1"5. 

The letter enclosed has a tracking number that does not correspond with the certified letter I 

received on January 9, 2015. 

I am requesting a motion to dismiss all civil penalties against me atthistimec Assessments of 

most civil penalties require a finding of clear and convincing evidence before a civil defendant 

can be held liable. August 12, 2016 

The Richmond Police Departments arrest report dated November 17, 2014 is biased: The 

synopsis from Officer Mark Shanks states "the suspect aimed a laser pointer at a CHP 

helicopter:" He has me convicted before I have gone to court: 

Also, the EIRReport dated January 13, 2015 is blackened out on numerous pages. I can't seethe 

regulations that are believed to have been violated, the type of action or sanctions that have been 

Page 2 of3 
August 12, 2016 

recommended by the Investigating field office. How can !respond to alleged violated regulations 

when I can't view the documents? 

In addition, there are multiple discrepancies with document IOP#8. When asked "how many 

crewmembers on the flight had laser light shined directly in their eyes", the option of two is 

marked. That being said, the document notes that "each person exposed should complete their 

own copy of' the FAA Laser Beam Exposure Questionnaire, yet there's only one report. On 

page two ofiOP#8; the pilot states that the laser illumination does not interfere with his 

performance. The pilot contradicts himself in the following question by stating that the aircraft 

had a minor change in flight path. The pilot then contradicts himself again on page 3 ofiOP#8: 

The pilot states that there was a glare and temporary flash blindness and experienced adverse 

effectsofwatering eyes and eye discomfort or pain. How-can the pilot state that there was no 

interference yet mentioned multiple interferences? 

Last; the statement of the passenger in the car atthe time of the alleged incident has been 

disregarded as no one has spoken to Mauricio Alvarado directly or indirectly as to the events that 

happened on November, 15; 2014~ Wliy has a witness ill tlie matter ortlfis case not been 

contacted? 

Attached you will find the afOrementionedEIR Report and tlie passenger oftbe vebicle, 

Mauricio Alvarado's statement. 

Sincerely, 

Kenneth Ray Rumberger 

Page 3 of3 
1ent 

Jlion 

SERVED: March 21, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MA TIER OF 

KENNETH RAY RUMBERGER 

Docket No. FAA-2015- 0639 

(Civil Penalty Action) 

ORDER REASSIGNING PROCEEDING 

1-l ' ' 

Administrative Law Judge Richard C. Goodwin has transferred to the Food and Drug 

Administration. Accordingly, this proceeding is hereby reassigned from Judge Goodwin to , 

Administrative Law Judge Douglas M. Rawald. Any dates set for hearing or prehearing 

conference are suspended until further notice. All other orders remain in full force and effect 

absent further order. 

SO ORDERED. 

Ro ie A. Yoder 

Chief Acl'Uinistrative La 

t Secretary 

tanon 

jS, M20 

y Avenue SE 

20590-0001 

Kenneth Ray Runlberger, Re~pondent 

24.51 Church Lane, SPC 38 

San Pablo, CA 94806-5945 

[) 

KFT 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASillNGTON, DC 

***************************** 

In the Matter of: * 

KENNETH RAY RUMBERGER * Docket No. FAA-2015-0639 

* Case No. 2015WP270015 

* ALJ -RAWALD 

* 

***************************** 

TO: Honorable Douglas M. Rawald and Respondent 

JOINT REPORT REGARDING LITIGATION AND SCHEDULING ISSUES 

In accordance with this Honorable Court's Order, served June 30, 2016, the parties 

respond as follows: 

1. a. The parties met and conferred at an informal conference on July 6, 2016, at 4:00p.m. 

and meaningfully discussed litigation issues and proposed scheduling. 

b. 

i. The parties request to change the hearing venue of Los Angeles, California to 

Oakland, California. 

ii. The parties propose October 1, 2016, as the end date for completion of 

discovery. 

iii. The parties propose August 22, 2016, at 3:00 p.m. Central Time as the 

proposed date and time for another telephonic prehearing conference with Administrative 

Law Judge Rawald. 

iv. The parties propose October 31, 2016, as the due date for the filing of any 

prehearing motions. 

v. The parties propose either November 28, 29, or 30,2016, as the hearing date. 

Patricia A. McNall Kenneth Ray Rumberger 

Acting Assistant Chief Counsel 

For Enforcement 

By: 

Lisa Toscano, Attorney 

Enforcement Division, Western Team 

email: Lis a.M. Toscano@faa.gov 

Telephone: (31 0) 725-7100 (main) 

(310) 725-7110 (direct) 

(310) 725-6816 (fax) 

By: ------~--~~------­ Kenneth Ray Rumberger 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

OVERNIGHT MAIL 

JUL .26 Z016 

Office of the Chief Counsel 

Kenneth Ray Rumberger 

2451 Church Lane, SPC 38 

San Pablo, CA 94806-5945 

Enforcement Division 

Western Team, AWP-7.13 

PO Box 92007 

LA., CA 90009-2007 

RE: In the Matter of Kenneth Ray Rumberger, Case No. EIR 2015WP270015 

Dear Mr. Rumberger: 

Enclosed is the joint report, which lists the dates we have agreed upon for the scheduling of this 

case. Please sign and send it back to me by facsimile. My facsimile number is: (310) 725-6816. 

Also, in response to your request made during July 6, 2016, informal conference, please see the 

enclosed releasable portions of the Federal Aviation Administration's enforcement investigative 

report (EIR). The enclosed EIR includes all releasable documents upon which the FAA relied in 

preparing and initiating the above-referenced enforcement action. 

Portions of the EIR that have not been released are withheld as privileged, because they contain 

the investigator's analysis, recomendations, and opinions. They are privileged because they 

are deliberative, pre-decisional materials, rendered by agency staff members in the course of 

reaching a final determination or position on a particular matter under agency consideration. 

See, e.g., Jordan v. Department of Justice, 591 F.2d 753, 774 (D.C. Cir. 1978) (en bane). In 

addition, at the request of the Richmond Police Department, its arrest report, at lOP #3 and #4, is 

not being released. Enclosed is FAA Agent Harris' Record Review, summarizing the. 

information from the Richmond Police Department arrest report. 

Sincerely, 

Lisa M. Toscano, Attorney 

Enforcement Division, Western Team 

email: Lisa.M.Toscano@faa.gov 

Telephone: (310) 725-7100 (main) 

(310) 725-7110 (direct) 

(310) 725-6816 (fax) 
?US: FO 2150-· 

1----------------------------------· 

ENFORCE!:'-1ENT INVESTIGATIVE REPORT Report Number Related Number 

i (Read Order 2150.3 for instructions) 201511P2700l5 

1-----------------------------------------------------------------------------i 

AU,EGED VIOLP..TO?: IDENTIFIC:il.TION 

:-----------------------------------------------------------------------------! 

i -· Name RUHBERGER, KSNNETH 

DB.P. Name 

Des;i.gnato:r 2. Address (Include zip code) 

2451 CHURCH LtUTS 

SPC 38 

SAN PABLO CA 94806-5945 ! 

1-----------------------------------------------------------------------------l 

I TELEPHONE NUMBER (510) 234-1750 I 3. DATE 0?' BIETH 1966/03/25 j 4. SEX H i 

1-----------------------------------------------------------------------------l 

I 5. FP.-A Cert:. #- I 6. FP..Jl.. Certificate Type j INDIVIDUAL l 

I j NONE I 

1-----------------------------------------------------------------------------l 

l 7. P.·,fiation Employer 

1-----------------------------------------------------------------------------l 

AIRCRAFT, ENGINE, PROPELLER, COHPONEKT OR li.PPLIANCE INVOLVED j 

1-----------------------------------------------------------------------------l 

I 8. i'l:AKE SNIAS ! 9. MODEL 11.535083 l 10. IDENT. NDMBER 341HP I 

I I ACFT SN 3407 I 

1-----------------------------------------------------------------------------l 

11. Ovmer Name C.:\L!FORNIA HIGHWAY PATROL 

12. Address (Include zip code) 

OFFICE OF AIR OPEHATIONS 

601 N 7TH S'I' 

SACRANENTO CA 95811-0208 

1---------------------------------C-------------------------------------------I 

ALLEGED VIOLATION I 

1-----------------------------------------------------------------------------l 

I 13. Date Occurred 1 14. Time I 15. Date Known to FAA I 16. Region of DisCO'! 1 

i 2014/11/15 I 00:08 I 2014/11/15 I WP J 

1-----------------------------------------------------------------------------l 

l 7. Location SAN PABLO CA Sec Cat 

2493 LANCASTER DRIVE SAN PABLO, CA 

:n.irport ID 

1-----------------------------------------------------------------------------l 

1 18 ·.-Believed Violated 

i ----------------------------------------------------------------------------- ! 

J' !' "7/ 10' ,;: . u Y '"\/ A ( tr:J 

r 

l 3 2015 

Tt:: :l·11i:::~.': Su;mcr;:8ra: ct~ .. GA 

f',\:VP<i.J~j 
:-----------------------------------

i E~FOEC:St-~ENT INVESTIGP.'l'IVE REPORT 

! (Read Order 2150.3 for instructions) 

Report Humber 

2015i<JP270015 

RIS: FO 2150-· 

Related ·t<lur-.J:>e:: 

i-----------------------------------------------------------------------------1 

18. RegL!lat-ions Believed Violated (Co:>tinuedl 1 

. I 

Remarks: 

I 

1-----------------------------------------------------------------------------l 

P-EL.l\TED DATA I 1-----------------------------------------------------------------------------j 

J 19. Type I 20. Sub Type I 21. Category I 22. Source I 23. Accident Assoc. 1 

08 I 05 I 18 I 06 00 I 1-----------------------------------------------------------------------------l 24. Security Program 

' ----------------------- -~-- --------------------------------------------------- i 

INVESTIGATING FIELD OFFICE RECOMMENDATION 

j-----------------------------------------------------------------------------1 26. 
1-----------------------------------

r E!:·lfORCEMENT INVESTIGA!IVE RE?ORT 

1 (Read Order 2150.3 for instructions) 

Repor:t Number 

2015\'1P270015 

RIS: FO 2150-" 

Eelated Nurt~.ber 

: ----------------------------------------------------------------------------- i 

REGIONAL DIVISION REVIEW 

1-----------------------------------------------------------------------------l 

Remart:s: 

1-----------------------------------------------------------------------------l 

: -==;);~r-'t~~~?~--~::-~-==~-:~~~~~-~~ [_ ______________________ : 

I Ty~£irame(~tJ.1:/signature BRUCE £ ALLEN I 

I of Approving Official MANAGER, TECHNICAL BF..ANCH - GA, .P.WP230 

I ------------------------------------------------------------------------c ---- I 

FAt>. Form 2150-.SA (4-80) FOR OFFICIP..L USE ONLY 

Supersedes FAA Fo~ms 1650-5, 5200-5, 8030-1 and 8030-2 
CFR, Title 14 Regulations Violated: 

Kenneth Ray Rumberger 

SECTIONB 

Statement of Case 

PAGE I OF 6 

20 15WP27000 15 
The purpose of this Enforcement Investigation Report (EIR) is to prove that Mr. Kenneth Ray Rumberger 

operated a Laser pen light and interfered with California Highway Patrol (Cl-IP) helicopter flight crew 

members by pointing the Laser pen light from the ground at the helicopter while in flight on November 

15,2014. 

The CHP helicopter flight crew was Mr. Peter Gavitte, who was the pilot in command (PIC); and a Mr. 

Whitney Lowe who was the Flight Officer (FO). After being flashed by the laser, the flight crew was able 

to contact ground Richmond Police Department (RPD) officers and directed them to a automobile driven 

by Mr. Rumberger at 2493 Lancaster Drive, Richmond, Ca. Mr. Rumberger was arrested by Richmond 

Police Department officers Mark Shanks. 

On December 12, 2014 Federal Aviation Administration's (FAA) Oakland Flight Standards District 

Office (FSDO, WP-27) manager David Binder received a E-mail from Westem Pacitic Region Office's 

(AWP-230) Technical Branch Manager, Bruce E. Allen via an e-mail from regional specialist David 

!balTa to investigate and process Laser Incident# LOOI96 (lOP# 1). 

A memorandum to AWP-230 was attached to the e-mail correspondence dated Nov 25, 2014. This memo 

is from FAA Law Enforcement Assistance Program (LEAP) AHW-300 and explains the Laser Incident 

individual arrested, (Javier Prado) by the VPD. This memo prepared by FAA security specialist Scott 

Harris and lists the RPD arrest report case #20 14-00017058 involved with this Laser Incident (lOP# 2). 

The memorandum included a Richmond Police Department memo and arrest- report, (3 pages) case 

number 2014-00017058 of Mr. Rumberger with Felony violation/offense charged 24 7.5 PC -Discharge 

of a Laser at occupied aircraft (lOP# 3). 

The memorandum also includes a RPD crime report narrative by Officer Mark Shanks narrative (5 pages) 

that has a very descriptive narrative explaining the arrest of Mr. Rumberger which includes the laser. 

property receit for laser confiscated (lOP # 4). 

The memorandum also includes the CHP helicopter (FO), Whitney Lowe report/narrative ( l page) (lOP# 

5). 

The subject Laser Incident involved a Eurocopter Astar helicopter, model AS-350-83, serial number 

3407, FAA registration number N34l HP (lOP# 6). 

On December 16,2014 FAA Oakland FSDO Aviation Safety Inspector David Jensen sent a certified 

Letter of Investigation (LO!) including Privacy Act Notice to Kenneth Rumberger (lOP# 7). 

Received FAA Laser Beam Exposure Questionnaire from PIC Peter Gavitte (lOP #8). 

Kenneth Ray Rumberger 2015WP2700015 

PAGE20F6 
Kenneth Ray Rumberger 2015WP27000!5 

PAGE 3 OF 6 
Violator's Attitude: 

t' II, , 

SECTIONB 

Factors Affecting Sanction 

I l "I I .J t J 

:.. ' I I • I I I n was Reported Voluntarily: 

Kenneth Ray Rumberger 

PAGE40F6 

20 15WP27000 15 
I . • .:. I I 

·Kenneth Ray Rumberger 20 15WP27000 15 

PAGE50F6 
SECTIONC 

Items of Proof 

lOP #l: E-mail to David Binder WP-27 from David Ibarra A WP-230 and E-mail correspondent. 

lOP #2: Memo to A WP-230 from (LEAP) AHW -300. 

lOP #3: RPD Mark Shanks arrest repmt of Kenneth Ray Rumberger. 

lOP #4: RPD Mark Shanks crime report/narrative of Kenneth Ray Rumberger. 

lOP #5: FO Whitney Lowe narrative. 

lOP #6: CHP Helicopter Eurocopter FAA registration number N341 HP print out. 

lOP #7: LOI dated December 16,2014 to Kenneth Ray Rumberger. 

lOP #8: FAA Laser Beam Exposure Questionnaire from PIC Peter Gavitte. 

Kenneth Ray Rumberger 

PAGEI>OF6 

20 15WP27000 15 
Jensen, David T (FAA) 

From: Jarrard, Timothy L (FAA) 

Sent: 

To: 

Tuesday, December 16, 2014 1:03 PM 

Jensen, David T (FAA) 

Subject: 

Attachments: 

FW: OAK FSDO Laser Incident L00196 

SecureZIP Attachments.zip 

Importance: High 

CHP laser Incident IWP272015022, Richmond, CA. 

·; hunb. 

Tim Jarrard 

Oakland FSDO FLM OPS 

510 748-0122, Ext. 268 

Fax 510 748-9559 

This communication, together with any attachments or links contained herein, is for the sole use of the intended 

recipient(s) and may contain information that is confidential or legally protected. If you are not the intended recipient, you 

are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is strickly 

prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail 

message and delete the original and all copies of the communication, along with any attachments hereto or links herein, 

from your system. 

From: Binder, David M (FAA) 

Sent: Tuesday, December 16, 2014 8:32 AM 

To: Jarrard, Timothy L (FAA) 

Subject: FW: OAK FSDO Laser Incident L00196 

Importance: High 

Regards 

David M. Binder 

District Office Manager, Oakland FSDO, WP-27 

Desk: (510) 748 0122, extension 224 

Mobile: (310) 780 0075 

From: Ibarra, David (FAA) 

Sent: Friday, December 12, 2014 12:19 PM 

To: Binder, David M (FAA) 

Cc: White, Michael A (FAA); Allen, Bruce E (FAA); Cason, Gwendolyn R (FAA) 

Subject: OAK FSDO Laser Incident L00196 

Importance: High 

Hello David: 

1 
Please find attached the Regional Memorandum, dated December 12, 2014, for Laser Incident 

# L00196, and the associated police report, requesting your office to investigate and process 

this laser incident. 

For your convenience, I have attached the following guidance to process this laser incident: 

• FAA Policy for Laser Incident Investigations, ASH-1 Memorandum dated April 25, 2012. 

• Notice N 8900.185-Laser Incident Enforcement Investigations 

• AGC-300 Powerpoint Presentation-Laser Interference Investigations 

• AC 70-2A 

Please use the following documents for your investigation: 

• FAA Laser Beam Exposure Questionnaire (attached) 

• AFS Laser Item of Proof (lOP) Checklist (attached) 

• Report a Laser Incident (follow link) 

Please Note: 

Regional Office also requests the following: 

Feel free to contact me if there are any question and/or issues. 

Vat~id 'Uud 1~ 

Regional Specialist 

FAA Flight Standards Division 

General Aviation Branch, AWP-230 

Phone: 310-725-7244 (Mon & Tues) 

2 
Federal Aviation 

Administration 

Memorandum 

Date: 

From: 1c e oot, ager, Investigations & Law Enforcement Assistance 

Pro ram (LEAP) Division, AHW-300 

Prepared by: Scott Harris, Special Agent, Law Enforcement Assistance Program (LEAP) 

Division, AHW-320 

Subject: Laser Incident Report- ITS #LOO 196 

On November 15,2014, the Internal Security and Investigations Office- Sacramento, CA was 

advised of a November 15, 2014 laser strike against California Highway Patrol (CHP) aircraft H32. On November 21, 2014, the Federal Bureau of Investigations (FBI), San Francisco provided 

the attached Richmond Police Department Arrest Repmt, Case #2014-0001 7058 which identifies 

the following individual as involved in/responsible for the laser incident: 

Name: 

DOB: 

Address: 

Kenneth Ray RUMBERGER 

3/25/1966 

2451 Church Lane 

San Pablo, CA 94806 

(510) 234-1750 

FBI-San Francisco Special Agent Andrew Patrick ( 415-760-8042) is the point of contact regarding 

RUMBERGER's criminal investigation. 

The attached police report must not be incorporated into any additional reports, and must 

be maintained and used exclusively by the FAA. I( any requests are made for copies of this 

report, they must be directed to ASH and the originator of the police repot·t. The report is 

not for public dissemination, and must be able to be recalled at any time. 

Should you have any additional questions, please contact FAA SA Scott Harris (916) 956-8830. 

AUachments 

Richmond Police Department, Arrest Report, Case #2014-00017058 

CHP Narrative/Supplemental, # 14-17058 

Laser Beam Exposure Questionnaire, Officer Peter Gavitte 

This document is du; property of Federal Aviation Administration, and its contents are intended for omcie.i use only. Access to 1his report is to be 

limited to those persons whose officirl duties require it. Any unautbori~cd disclosure of its contents is a violation of agency Order I roo. 75. 

FOR OFFICIAL USE ONLY 

(Publtc availability to be determined under U.S.C. SS2) 
ministration Page l of2 

Registry Air Operator Air Agency Help What's New 

My FAA 

 

Equal to: 341 HP 

Serial# 

3407 

ModeS Code 

'50740702 

Cert# 

-1N 

Multi-System Access Tool 

Registry Detail 

'" Status Code: N-Number Assigned and Registered *' 

lnd Group 

52 N-Number Assigned and Registered 

Status 

Cert Issue Date AirMWorth Date Pending N·Num Chg 

02/10/2003 10/30/2001 

Reg Code 

8680954 

Reg~Code 

Reg~Model 

AC~Type #of Engines #of Seats AC Weight AC Speed AC--Category AMAT TC--Bullt 

8680954 AS 350 B3 Rotorcraft 01 6 Up to 12,499 o Land 0 

New N# Se; 

Acces/t 

043907 s 

Engine Manu! 

TURBOMECA 

Eng, Type 

Turbo-Shaft 

Horsepower Fuel Consumed Oealer/IR Certification Category 

515 0 NoYes STANDARD NORMAL 

ered Owner Information 

HWAY PATROL OFFICE OF AIR OPERATIONS 601 N 7TH ST SACRAMENTO CA 958110; 

__ , ____ ... , ..... _ 

-- -

------"~"···---~-~---·--- _,,_. ___ --"----~ 

---

-

------

AID, EIS, NPTRS, and SDR Quick Reports by N# 

-

~·--------

-------

\iiewF>revi01.ls N# History-, !. - --- --- -- -- -·· 

FOR OFFICIAL USE ONLY 

Information available within this website covered by the Privacy Act 

na. gov /MSATB/nnum ber.aspx ?txtReg NN=341 HP 1/9/2015 
U.S. Department 

of Transportation 

Federal Avialion 

Adminislralion 

December 16,2014 

Oakland Flight Standards District Office 

CERTIFIED MAIL- RETUR.J'\f RECEIPT REQUESTED 

Mr. Kenneth Ray Rumberger 

2451 Church Lane 

San Pablo. CA 94806-5985 

Subject: Case No. 2015WP270015 

Dear Mr. Rumberger: 

1420 Harbor Bay Parkway, Ste 280 

Alameda, CA 94502-7083 

Telephone: (510) 748-0122 

Facsimile: (510) 748-9559 

Personnel of this office are investigating a laser incident involving a California Highway Patrol 

helicopter on November 15,2014, at or around 12:00 p.m. in the vicinity of2493 Lancaster, 

Richmond, California. 

Reports indicate that a laser struck a California Highway Patrol helicopter, and that you were 

identified as the individual!mested for shining a laser beam at the helicopter. Laser-related 

incidents pose a sufficient risk to flight safety and acts of this type are contrary to Federal 

Aviation Regulations. 

This letter is to inform you that this matter is under investigation by the Federal Aviation 

Administration (FAA). We would appreciate receiving any evidence or statements you might 

care to make regarding this matter within 1 0 days of receipt of this letter. Any discussion or 

wTitten statements fi.trnished by you will be given consideration in our investigation. If we do not 

hear from yon within the specified time, our report will be processed without the benefit of your 

statement. 

Sincerely, 

Original signed by 

David T. Jensen 

Aviation Safety Inspector 

Enclosure 

Privacy Act Notice 

A WP27:DJcnst:n:kct::X25l: 12/! 7/1-1:0\Corrcspondcnce Drop\[)cc 2014\A \V\Rumbergcr LOJ.doc\Fik 8030wJ b( I b}: 20!5WP2700J 5, 
Federal Aviation 

Administration 

Complete questionnaire and e-mail to: laserreports@faa.gov 

OR send via fax to FAA Washington Operations Center Complex (WOCC) • (202) 267-5289 ATTN: DEN 

CONTACT INFORMATION 

Name of pllot/crewmember reporting 

Peter Gavilte 

E-mail address and phone numb~>r (e.g., home, cell, work) 

I pgavitte@chp.ca.gov (707) 257-0103 war!< 

What seat in the cockpit were you occupying atthe time of the laser beam exposure? 

("'Left (i' Right ("' Jumpseat (' Flight Engineer ("'Other/Not applicable 

How many crewmemb&rs on the flight had laser light shined directly In their eyes? 

("' None (the laser light beam did not directly enter anyone's eyes} 

("'One (i' Two ("'Three ('Four or more 

Note: If any other crowmember had direct exposure to the Ieser light in their eyes, each person exposed should 

complete their own copy of this FAA Laser Beam Exposure Questionnaire 

FLIGHT INFORMATION 

Flight number, call sign and aircraft registration number (e.g., SWA572, Southwest, N287WN] 

"H-32'' N341 HP 

Aircraft Make and Model (e.g., Boeing 737, Cessna 172, Airbus N320, 13AE Jelstream 32, Oornler 328) 

I AEC AS-350 helicopter 

Category of aircraft 

('Airplane (i' Rotorcraft (' Lighler !han air ('Other (speoify) 

Type of operation 

("Commercial Aviation ("' General Aviation (' Miltlal)l (i' Law Enforcement 

("'Medical .------------------------------, ('News RepQrting (" Olher (specify) L----------------------' 

Date of laser Incident 

!November 15, 2014 

Please enter date of laser incident ln Month Day, Year format {e.g., July 7:1, 2012). OR mouse dick in 

the data field to display ,a drop down arrow to view calendilr and make your selection, The calendar 

selection is optimized for PC's and may not be available on a Mac. 

Time of laser incident (enter Universal Time Coordinated (UTC/Zulu) format rounded to the nearest five minutes] 

§:]: ~ UTC/Zulu 
Time of day during laser incident 

Nighttime, on or after midnight local lime 

Location of aircraft during laser incident (Fixed Radial Distance (FRD) from navaid or airport, OR add la111ang coordinates) 

Helicopter was just south of the interseclion of Hilltop Dr. and 1-80 freeway in the City of Richmond, CA 

Estimated geographic location of the laser source (e.g., the laser source relative to KDFW approach end of runway 35L 

was approximately 220 degree radial and 2 miles. You can also provide estimated latllong coordinates) 

the laser source was from within a vehicle stopped at the intersection of Hilltop Dr. and 1-80 

Approximate altltuue of the aircraft above ground level (AGL) 

jso1 - 1000 Feet AGL 

Primary, direction of flight at the time oflhe laser incident 

('N 

('S 

(ONW 

('SW 

('NE 

< se 

('E 

('W (" None/Hover 

What phase(s) of flight were you In during the laser Incident? (check all that apply} 

O Taxi 

D Descent 

0 Hover 

0 Takeoff 

0 Final approach 

0 Other (specify) 

0 Climb to altitude 

0 Landing 

GZI Cruise attitude 

0 Low-altitude (<500ft. AGL) level flight 

EFFECT ON FLIGHT 

Interference: Did the laser illumination Incident Interfere with your performance of pilot or crewmember duties 

uurfng the flight? 

('Yes (0 No 

If you selected "Yes" above, how did the laser illumination Interfere with your pilot or crewmember duties? 

Flight Path: Old the laser illumfnalion cause the pilot/crew member to change the aircraft flight path? 

(' No change in flight path r. Minor or non-adverse change (' Major or adverse change 

Disruption of Mission: Answer tl1is question ONLY if you were conducling law enforcement. medical or military flight 

operations during the time of the laser illumination incident. Did the laser illumination Incident disrupt your mission? 

('Yes (0 No 

If you selected "Yes" above, how did the laser illumination interfere with your mission? · 

The flight was on operational patrol and was returning towards Napa, the home base. The flight diverted from returning 

" 
LASER INFORMATION 

Color of the laser light? (if multi-colored, check all that apply) 

a Red a Blue ~~ Green D Yellow 0 Orange @] While D Purple 

~--~~~--------~~----~=---~~--------· D Other (specify) 

Tracking; Did the laser beam appear to deliberately track the aircraft? 

(ii' Yes ('No ('Unsure/other (specify) r----------------------------------, 

Cockpit Illumination: Did the laser beam enter through the windscreen and Illuminate any part of the cockpit? 

(ii' Yes ('No (' Other (specify) 

Eye exposure; Oh;! the the laser beam light shine dlrec~y Into one or both of your eyes? 

(' Old not shine directly in my eye(s) (' Shined a lillie in my eye(s) (ii' Shined brightly in my eye(s) 

EFFECT ON YOUR EYE(S): Answer questions below ONLY rf the laser beam shined a little or brightly in your eye(s) 

Did you experience any adverse VISION EFFECTS* from the exposure? (check all that may apply) 

D Did not experience adverse vision effects 

0 Glare (could not see past t~e tight while it was inyoureye(s)} 

0 Temporary flash blindness and/or after Images (similar to a camera flash) 

D One or more blind spots (spots in visual field lasting longer than 5-10 minutes) 

D Blurry vision 

D Significant loss of night vision 

D Other (specify) ~~--------------------------------------. 

~--------------------------------------~ 

>!.Examples of common visiOn efle<ts 

Glare: A temporary disruption in vision caused by the presence of a bright light (such as an oncoming cor's headlights) within 

an Individual~ field of vision. Glare /astson6' as long as the bright /lghrls actually present within the indr'viduals field of vision. 

Flash blindness: A temporary visual interference effect that persists after the source of the illumination has ceased, similar to 

a bright camera flash. 

After image: An Image that remains In the visual field after an exposure to a bright light. 

Blind spot: A temporary or permanent loss of vision of part oft he visual field. Unlike on after image, a blind spot does not 

fade, or fades very slowly (taking many minutes, hours or days to fade out), 

Did you experience any adverse PHYSlCAL EFFECTS from the exposure? (check all that may apply) 

D Did not experience aoverse physical effects 

D Watering eye(s) 

0 Eye(s) discomfort or pain 

D Headache 

D Feeling of shock 

D Disorientation orrd.::i:;zz:::ln.::ess:.::.:.. ____________________________ 

1 D Other (specify) J scratchiness in left eye 

Did you rub your eye(s) after the exposure? 

(' No significant rubbing (ii' Rubbed them a little (' Rubbed them vigorously 
EVE EXAM RESULTS: Answer questions below ONLY if you had an eye cexam after the laser incident 

Enter tM medical facilfty name: 

What type of doctor did the primary or most comprehensive examination of your eye(s)? 

(' Retinal Specialist 

\ Ophthalmologist (medical doctor specializing In eye health) 

\ Optometrist (tests for visual acuity and eye diseases; prescribes and fits glasseslcontacts) 

('Optician (ffts glasses/contacts) 

('Emergency room doctor, nurse or technician 

(' Other (specify) 

~------------------------------------------~ 

Describe the results of the medical evaluation: 

LASER INCIDENT REPORTING 

Did you report the incident to Air Traffic Control (ATC)? 

(0 Did nat report to ATC 

r Reported via aircraft radio.communication 

("" Reported via phone call 

\ Reported via walk-in to FAA ATC facirrty 

(" Other{specify) 

~------------------------------------~ 

Did you report the laser incident to an FAA Flight Standards (AFS) field office? (e.g., FSDO, CMO, CHDO) 

(' Did not report to AFS 

("" Reported via aircraft radio communication 

(' Reported via phone call 

(" Reported via wal~·in to FAA AFS field office 

(0 Other (specify) report forwarded to FAA Special Agent Scott Harris 

If you reported to an FAA AFS field office, enter the name and office !ocatlon 

; . '· .. 
ADDITIONAL INFORMATION 

Did you have any prior knowledge or training on the hazards and effects of lasers aimed at a pilotlcrewmember? 

lNone 

(" Basic information about the hazards and effects Of lasers 

(i Detailed, specific information such as how to recognize and recover from faser lUuminations 

l Simulator training or sim11ar exposure to laser-like Uluminations in an aviation training environment 

('Other (specify} 

Plea$!' ,f!ll'l free to add al\y.'aC!lfitlon~llnformatlon or comment$ about your flight, the laiarlr)pl~nt, r~p&fl.!ng, ·· ; 

andlor subsequantoutriorrte: . ·. · ., · • · · · . · .· · ·. •. ·'·'· \'/ · ... ,• . •. ·· .. •. 

Did you report the unauthorized laser illumination incident to the Domestic Incidents Network (DEN)? 

(No ('Yes 

What local law enforcement agency did you contact? (Include their phone number) 

Was an arrest made? 

(' No arrest, or arrest unlikely 

('Maybe, still woll<ing the case 

('Yes, arrest was made 

(' Arrest status is unknown 

(' Other (specify) r-------------------------------------~ 

L-------------------------------------~ 

SUBMIT COMPLETED FAA LASER BEAM EXPOSURE QUESTIONNAIRE 

Thank you for taking time to complete this questionnaire. Please "save" the completed questionnaire 

and submit to the FAA using one of the two methods described below: 

1. Attach the saved PDF to an e-mail and send to: laserreports@faa.gov 

2. Send via fax to FAA Washington Operations Center Complex (WOCC) • (202) 267-5289 ATTN: DEN 
Record: 

SUBJECT: 

DOB: 

RECORD REVIEW 

Richmond Police Department, Report No. 2014-00017058 

Kenneth Ray RUMBERGER 

3/25/1966 

On November 15,2014, the Federal Aviation Administration (FAA) Law Enforcement Assistance 

Program (LEAP) Branch- Sacramento was notified of a November 15, 2014laser strike against 

California Highway Patrol (CHP)- Golden Gate Division aircraft- CHP H-32. FAA LEAPSacramento obtained the arrest report from the Richmond Police Department (RPD) and 

summarized the information below from that arrest report. 

On November 15, 2014, CHP H-32 was on patrol flying along Interstate 80 (I-80) eastbound at 

1200 feet over the City of Richmond. H-32 aircrew noticed a bright green flash from the left side 

of the aircraft and the aircrew recognized the flash of light to be a green laser which struck the 

aircraft again and appeared to be tracking the aircraft. CHP H-32 located the area from where the 

laser appeared to be coming from which was at the intersection of westbound Hilltop Drive and the 

on-ramp to I-80 eastbound. The laser was coming from the side window of a light colored sedan 

which was the only vehicle at the intersection stopped at the red light. CHP H-32 followed the 

vehicle and coordinated a Richmond PD officer ground unit to the location of the vehicle. The 

Richmond PD officer ground unit was directed to a stopped vehicle where an enforcement stop was 

made on a Silver Kia (6STF173) in front of2483 Lancaster Drive. Richmond PD Officer Mark 

Shanks contacted the driver of the vehicle Kenneth RUMBERGER (suspect) and Richmond PD 

Officer Patterson contacted the passenger, Mauricio ALVARADO. 

Richmond PD Officer Shanks explained to RUMBERGER that he was being stopped because there 

was reason to believe he was pointing a green laser pointer at a CHP helicopter. RUMBERGER 

showed Richmond PD Officer Shanks an Orion Skyline laser pointer he had in the center console 

of the vehicle. Officer Shanks activated the laser pointer and saw a green laser beam coming from 

the laser pointer and Richmond PD Officer Davis asked RUMBERGER to exit the vehicle and 

handcuffed him. Officer Shanks spoke with ALVARADO about the incident and ALVARADO 

said he was never in possession of the laser pointer and said that RUMBERGER was the only 

person pointing the laser pointer at street signs and objects while driving. Officer Shanks asked 

ALVARADO if RUMBERGER pointed the laser at the CHP helicopter and he said he never saw 

him point the laser at the CHP helicopter. Officer Shanks asked ALVARADO if RUMBERGER 

said anything about pointing the laser at the CHP helicopter and he said RUMBERGER did not 

mention pointing the laser beam at the CHP helicopter. 

This report is the property of the Federal Aviation Administration, and its contents are intended for official use only. 

Access to this report is to be limited to those persons whose official duties require it. Any unauthorized disclosure of its 

contents is a violation of agency Order 1600.20. 

FOR OFFICIAL USE ONLY 

(Public availability to be determined under U.S.C. 552} 
RUMBERGER was transported to the Richmond Police Department and booked for 24 7.5 PC and 

read his rights from a department Miranda card. RUMBERGER stated that he knew his rights and 

wanted to tell Officer Shanks what happened. RUMBERGER said he and ALVARADO were 

driving on Hilltop Drive and he had a laser pointer and was pointing the laser at various street 

signs. He said the laser beam would illuminate the reflective paint on the signs and it was 

interesting to look at. Officer Shanks asked RUMBERGER if he pointed the laser beam at the 

CHP helicopter and RUMBERGER said he pointed the laser beam at some signs and it may have 

reflected off the sign and pointed toward the CHP helicopter. RUMBERGER said he could see 

why the CHP Officer would think that but he did not intentionally point the laser beam at the CHP 

helicopter. Officer Shanks stated that pointing a laser beam at an aircraft was a felony and 

RUMBERGER said he did not intentionally point the laser beam at the helicopter so he was not in 

violation of the crime. Office Shanks ended his questioning. 

This information was reviewed and gathered from Richmond Police Department- Report No: 

2014-00017058. The following individuals were identified as SUSPECT and VICTIMS for this 

laser incident: 

SUSPECT: 

Kenneth Ray RUMBERGER 

3/25/1966 

2451 Church Lane 

San Pablo, CA 94806 

510-234-1750 

VICTIMS: 

Peter Gavitte 

CHP Golden Gate Division 

WhitneLowe 

CHP Golden Gate Division 

This report is the property of the Federal Aviation Administration, and its contents are intended for official use only. 

AccesS to this report is to be limited to those persons whose official duties require it. .A,ny unauthorized disclosure of its 

contents is a violation of agency Order 1600.20. 

FOR OFFICIAL USE ONLY 

(Public availability to be determined under U.S.C. 552) 
U;S. Department 

of Tronsportaffon 

Federal AViation 

Admlnlstrafion 

December 16, 2014 

Oakland Flight Standalds District Office 

£ERTIFIED MAIL-RETURN RECEIPT REQuESTED 

Mr. Kenneth. Ray Rumberger 

2451 Church Lane 

San Pablo, CA 94806-5985 

Su~~:CaseNo.2015WP270lH5 _ ·- __ 

Dear Mr. Rumberger: 

1420 Harbor Bay Parkway, Ste 280 

Alameda .. CA !14502-7083 

Telephone: (510) 748-0122 

Facsimile: {510) 7-48-9559-

Perspnnel of this office .are investigating a laser incident involving a California Highway Patrol 

helicopter on November 15, 2014, at or around 12:00 p.m. in the vicinityof2493 Lancaster, 

Richmond, California. 

~eports indicate that a laser struck a California Highway Patrol helicopter, and that you were 

identified as the individual arrested for shining a laser beam at the helicopter. Laser-related 

incidents pose a sufficient risk to flight safety and acts of this type are contrary to Federal 

Aviation Regulations. 

This letter is to iriform you that this matter is under investigation by the Federal Aviation 

Administration (FAA). We would appreciate receiving any evidence or statements you might 

care to make regarding this matter within 10 days of receipt of this letter, Aoy discussion or 

written ~ts furnished by you will be given consideration in our investigation. If we do not 

hear from you within the specified _time, our report will be processed without the benefit of your 

statement 

David T. Jensen 

Aviation Safety Inspector 

71114 0510 1'1001 5880 OOOb 

)tch z)~ 

?:n::, C-OnE 
3 

Privacy Act Notice 

This notice is proved in accordance with Section ( e)(3) of the Privacy Act, 5 U.S. C. Section 

522a( e )(3), and concerns the information requested in the letter or form with ~bich this notice 

is enclosed. 

A Authoritv: This information is solicited pursuant to 49U.S.C. §40113(a) and the 

regulations issued under that statutory provision codified in the 14 CFR part 13. 

Submission of information is voluntary.· 

B. Principal purposes: 

1. The request for information is intended to provide you with an opportunity to 

participate in the investigation. 

2. The requested information will be used to help determine whether or not there has 

~--~~-~-ueen a violaiion-ofthe·Federai Aviation Regulations;andifso, what, if any, --··-

enforcement action should be taken. 

C. Routine uses: Records from this system of records may be disclosed in accordance with 

the following routine uses that appear in Department of Transportation (D01)/F AA 

847, Aviation Records on Individuals (current edition): 

1. To provide basic Ainnan Certificate and qualification information to the public upon 

request. 

2. To disclose information to the National Transportation Safety Board {NTSB) in 

connection with its investigation responsibilities. 

3. To provide information about airmen to Federal, State, and local law enforcement 

agencies when engaged in the investigation and apprehension of drug law violators. 

4. To provide information about enforcement actions arising out of violations of the 

Federal Aviation Regulations to goverronent agencies, the aviation industry, and the 

public upon request. 

5. To disclose information to another Federal agency, or to a court or an administrative 

tribunal, when the government or one of its agencies is a party to a judicial proceeding 

before the court or involved in administrative proceedings before the tribunal. 

D. Effect of failure to respond: The FAA cannot impose any penalties upon you if you fail 

to respond t() this letter of investigation. If you fail to supply the requested information, 

however, the FAA will make determinations about possible enforcement action' for this 

----------rma,.;·""tt"'e'"r Withoutthe benefit ofyoi.it comments oii this matteC - --- - -·--------· · --
viation Admi11istration 

SDO, WP-2~ 

or Bay Parkway, Ste 280 

CA 94502-7083 11111111 

7014 0510 0001 5880 0006 

Mr. Kenneth Ray Rumberger 

2451 Church Ln, Spc 38 

San Pablo, CA 94806-5945 

. 94EiOEtSt;i"4S39 ;i 

? 

iiii'JIIl .. JI•IIIIIJIJllllllln•JIIIIJII •nl1ll • 'I'•I•I••JI'II'Jii 

.;t _,~:!, .J. J ..... ,.,. 

_,_•¢< 

!JF; 11 •;.::, ::·!,.[ 
u.s. Departmenf''" 

of Tronspartaffan 

Federal AViatioh 

Ac:lminislralion 

December 16, 2014 

Oakland Flight standards District Office 

CERTIFIED MAIL- RETURN REQ:IPT REQUESTED 

Mr. Kenneth Ray Rumberger 

2451 Church Lane 

San Pablo, CA 94806-5985 

Subject: Case No. 2015WP2700I5 

' 

Dear Mr':' Rumberger: 

1420 Harbor Bay Parkway, Ste 280 

Alameda, CA 94502-7083 

Telephone: (510) 748-Q122 

Facsimile: (510) 748-9559 

AUG 'I 9 2016 

Persomiel of this office are investigating a laser incident involving a California Highway Patrol 

helicopt!ll'on November 15, 2014, at or around 12:00 p.m. in the vicinity of 2493 Lancaster, 

Richmond, California. 

Reports indicate that a laser struck a California Highway Patrol helicopter, and that you were 

identified as the individual arrested for shining a laser beam at the helicopter. Laser-related 

incidents pose a sufficient risk to flight safety and acts of this type are contrary to Federal 

Aviation Regulations. 

This letter is to inform you that this matter is under investigation by the Federal Aviation 

Administration (FAA). We would appreciate receiving any evidence or statements you might 

care to make regarding this matter within 10 days of receipt of this letter. Any discussion or 

written statements furnished by you will be given consideration in our investigation. lfwe do not 

hear from you within the specified time, our report will be processed without the benefit of your ~~l!C= 

statement. 

Sincerely, 

Original signed by 

David T. Jensen 

·Aviation Safety Inspector 

Enclosure 

Privacy Act Notice p~ 'f"' 

' ·\ 
fAA CAS£ NO. 201SWPZ70015 

I, Mauricio Alvarado, declare as follows: 

Tliis is a declaration by Mauricio Alvarado, I have personal knowledge of each fact stated 

m this declaration. 

I am a Ciilifomia resident and was a passenger in Defendant Kenneth Ray Rumberger's 

vehicle on the night of the alleged incident. 

If 3sked I could competently testify to the following. 

On November 15, 2014 at approximately I 1:30pm, defendant Kenneth Ray Rmnberger 

picked me up in his vehicle at Toys R Us on Fitzgerald Drive in Pinole, Ca. 

Once in his car, defendant Kenneth Ray Rumberger and I proceeded to travel in his car 

toward Appian Way. 

After arriving at Manor Road and making a right tum is when I observed Mr. Rumberger 

shining the laser at the street signs, only up until we reached the stoplight. 

At no point did I observe Kenneth Ray Rumberger point the laser beam at the sky on the 

night of the alleged incident. 

At no point did I observe the defendant point the laser beam at the EurocopteFmodel As350-B3 aircraft on the night of the alleged incident. 

On November 15, 2014 I did not observe any airplanes or helicopters in the air either 

above us or in the vicinity while defendant Kenneth Ray Rumberger illuminated the street signs 

using the laser pointer. 

On November 15, 2014 only after the defendant was pulled over by Richmond Police 

Department, was the helicopter present in the sky. 

If called as a witness I will testi:fy that Kenneth Ray Rumberger did not aim the laser 

pointer at the sky on November 15,2014. 

If called as a witness I will testify that defendant Kenneth Ray Rumberger did not aim at, 

or illuminate the cockpit ofEurocopter model As-350-B3 aircraft on November 15, 2fH4. 

I declare under the penalty of perjury under the laws of the State ofCalifurnia that the 

foregoing is true and correct. 
Docket No. F AA-2015-0639 

(Civil Penalty Action) 

SERVICE LIST -BY U.S. MAIL 

ORIGINAL & ONE COPY 

[) 

Federal Aviation A inistration 

800 Independence venue, S.W. 

Washington, DC 20 91 

Attention: Hearing ocket Clerk, AGC-430 

Wilbur Wright Buil ing-Suite 2W1 00012 

H 

19 zms 

DOCKET 

i 

Kenneth Ray Rumlrger, Respondent 

2451 Church Lane, PC 38 

San Pablo, CA 948 6-5945 

Lierre Green, Comp ainant's Counsel 

Office of the Regio al Counsel, A WP-7.6 

Western-Pacific Re ion 

Federal Aviation A iuistration 

P. 0. Box 92007 

Los Angeles, CA 9 009-2007 

TEL: 310-725-71 7 

FAX: 310-725-68 6 . 

ONE COPY 

The Honorable Do~glas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department o Transportation 

1200 New Jersey A enue, S.E. (Ell-310) 

Washington, DC 2 590 

TEL: 202-366-51 1 Staff Assistant 

FAX: 202-366-75 6 

2 Service was by U.S. ail. For service in person or by expedited courier, use the following address: Federal 

Aviation Adrninistrati n, 600 Independence Avenue, S.W., Wilbur Wrigbt Building-Suite 2WIOOO, Washington, 

DC 20591; Attention: earing Docket Clerk, AGC-430.