U.S. Department 

of Transportation 

Federal Aviation 

Administration 

In Reply Refer To: ACE-7 

20 l3CE090058 

Office of Regional Counsel 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

RECEIVED ~lAY 1 2 2014 

Area Code: 816-329-376t-JEARING DOCKET 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Certifed Mail Receipt Nos. 70111150000003377822 & 70111150000003377839 

May 5, 2014 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room Suite 2W1000 

Re: In the Matter of Ryan Cornwall 

Case No. 2013CE090058 

Enclosed herewith please find a copy of a request for a hearing and the original and one copy of the 

Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in St. Louis, Missouri, and expects that the hearing 

will last one day. 

Please address all communications for the FAA to Mark G. Camacho, Federal Aviation Administration, 

Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 64106-2641. 

Sincerely, 

A. Lester Haizlip 

Regional Counsel 

ltark ik~~' G. Camacho 

( Senior Enforcement Attorney 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION REcEIvED ------------------------. 

In the Matter of: Served: May 5, 2014 ~1AY 1 2 2014 

FAA Docket No. 

FAA Case No. 2013CE090058HEARING DOCKET 

---"'R"'-y.::an::....::Cc:o.::m::_wc:.a=l"-l _________ _J Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. February 11, 2014, Respondent Ryan Cornwall was advised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $17,000. 

On May I, 2014, Respondent submitted a written request for a hearing. 

II. 

1. On or about September 11, 2013, you were a ticketed passenger on United 

Express Airlines Flight 3615, being operated under the provisions of 14 C.F.R. Chapter I, 

Part 121, enroute from Denver, Colorado, to Omaha, Nebraska. 

2. Incident to boarding Flight 3615, you went down the jet bridge, stood on the bridge 

connector smoking an e-cigarette, and tried to get the attention of the two flight attendants 

(FA# I and F A#2) located inside the aircraft cabin. 

3. You were met by FA#1 prior to boarding the aircraft and told that you could not 

smoke the e-cigarette aboard the aircraft. 

4. In response you stated "Yes I can, homeland security said I can, it's not smoke, it's 

vapor", or words to that effect, and continued to argue with FA# 1. 

5. Eventually you were boarded, the door closed, and F A#2 prepared to start a safety 

demonstration while standing at the row in front of you. 
6. At that time you had your phone out and FA#2 told you to please turn the phone off 

because the aircraft was pushing back, or words to that effect. 

7. You failed to comply with F A#2' s instruction. 

8. Rather than comply with the instruction you insisted that you wanted to send a text 

message. 

9. Again F A#2 told you that you needed to turn off the phone. 

10. Once more you failed to comply with FA#2's instruction. 

2 

11. Rather than comply with FA#2's instruction, you used your phone, and when done, 

you took your open flip-phone, put it up to the face ofF A#2, and shut it closed stating "THERE, 

IT'S OFF"! 

12. While F A#2 was conducting a safety demonstration you mocked F A#2 by making 

motions with your hands mimicking her demonstration with the seat belt so as to make fun of the 

FA in the presence of other passengers while the FA was performing her required duties. 

13. Based on your loud, disruptive, and disrespectful behavior noted above, a determination 

was made by the cabin crew to not serve you any alcoholic beverages as it appeared that you 

may be intoxicated. 

14. While F A#2 was subsequently conducting beverage service you asked her to serve you 

three beers. 

15. You told F A#2 that the passenger sitting nextto you would pay for the three beers. 

16. In response to your request, FA#2 squatted down in the aisle at eye level with you and 

whispered to you in a professional manner, "I'm sorry but it appears you have been drinking and by law I 

can't serve you any alcohol on this flight, but I am happy to get you anything else you want to 

drink" or words to that effect. 
17. In response you got angry, started talking in loud voice and said: ""WHY? HOW SO? 

HOW SO? WHY DO YOU SAY THIS?", or words to that effect. 

18. FA#2 again explained to you the reason for not serving you alcoholic beverages. 

19. You took off your sunglasses, leaned into the face ofFA#2, and said: "I'm so sorry 

you're fat and ugly and you hate your life but have a great life." You then leaned back in your 

seat and stared at F A#2. 

3 

20. F A#2 got up, left the service cart in place, went to the galley, returned, and served the 

rest of the passengers seated in your row their drinks. 

21. As F A#2 started pushing the service cart forward, you yelled: "What, you're not 

going to serve me?" or words to that effect. 

22. You then rose up, reached around F A#2 and started to put your hand in front ofF A#2 

to either hurt her, or try to take something to throw or steal something from the service cart. 

23. F A#2 put her hand up to block you and you grabbed a soda can and tried to take it 

from the service cart. 

24. F A#2 said: "Stop it", she took the top of the soda can. 

25. You then grabbed FA#2's arm and held on to it while she tried to pull away her arm. 

26. FA#2 said: "Do not touch me. We will not be interacti11.gthe rest of the flight. If you 

need something, ask the other FA", or words to that effect. 

27. You responded by saying: "OK big Bertha, OK big Bertha", or words to that effect. 

28. Thereafter, when F A#2 would pass by your row, you tried to get her attention, and 

continued to make fut people jokes directed at F A#2. 

29. Once Flight 3615 landed and the aircraft started to taxi to the gate, it stopped and parked 

before actually arriving at the gate. 
4 

30. Incident to 1he aircraft stopping, you got up out of your seat while 1he fasten seat belt sign was 

still on, started stumbling around wi1h an unlit cigarette in your mouth, and opened an overhead bin 

door. 

31. Incident to you getting up from your seat, as noted above, you had to be told by the cabin 

crew to sit down and fasten your seat belt, at which point you finally sat down. 

32. After you sat down you started pointingto1he overhead bin in a persistent manner trying to 

get F A#2' s attention. 

33. Based on the above, you assaulted a crewmember, interfered with a crewmember in 

the performance of her duties, and intimidated and threatened a crewmember. 

34. Based on the above, your loud yelling and disruptive behavior created a hostile and 

intimidating environment for other passengers aboard the aircraft sitting near and around you. 

35. As a result of your unruly and disruptive behavior, as well as your intimidating and 

threatening demeanor, you were met by local police authorities after the aircraft pulled up to the 

gate and you began to exit the aircraft. 

36. Incident to your departure from the aircraft you went up to F A#2, got in her face and 

said, "You can't fix ugly", or words to that effect. 

37. At that point you resist being arrested for disorderly conduct, and you were finally 

taken away by local police officers. 

III. 

1. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 
5 

a. On several occasions §121.580, which states that no person may assault, threaten, 

intimidate, or interfere with a crewmember' s duties aboard an aircraft being operated under Part 

121;and 

b. On one (1) occasion § 121.317(£), which states in relevant part that each passenger 

required to occupy a seat shall fasten his or her safety belt about him or her and keep it fastened 

while the "Fasten Seat Belt" sign is lighted. 

2. Pursuant to Title 49 U.S. C. 46301(a)(5)(A), Respondent is subject to a civil penalty 

not to exceed $11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $12,324 is 

appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of $12,324. 

Dated this 5th day of May, 2014. 

Respectfully submitted, 
Answer 

Section 13.209(a) of the Rules ofPractice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a written answer to the complaint, or may file a written motion pursuant to 

Section 13 .208( d) or Section 13.218(£)(1-4) instead of filing an answer, not later than 30 days 

after service of the complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be 

deemed an admission of the truth of each allegation contained in the complaint. 

6 
Ryan Cornwall, FAA Case No. 2013CE090058 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date placed in the United States mail, certified, return 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Mr. Ryan Cornwall 

4924 Papaya Drive 

Fair Oaks, CA 95628 

In addition, I hereby certify that I have this date placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl000 

Dated this 5th day of May, 2014. 

• I~ ·· ~t~'-- ~Wk Alisa Gause 

Paralegal Specialist 

7 
RECEIVED 

.... Jr ... 61 wi wriih'vt!\ J/e5 

! -

MAY 1 2 2014 

{~fV ~lNG DOCKET 

I 

r'1.2Nr:~ ( ~ GU( cl/ rlj ttC'£. ~ I :1 b I 5> c E eJft@ e:;j f( .. 

1J1y Y1 fvWI.e / ') K)ttv V\-' C or!J/IN~ t.f. I 

I 

I 

I I 

II 

I 

I 

I 

I 

l 

I ,, . 

-------

SrJL[r'llvf-0..0V/f(J i c lr 

x.~M!Zew~ 

tfl&- /tJ~ '6f}7