CD 

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BEFORE THE DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In The Matter of; 

JOEY D. WARDLE 

) 

) FAA Case No 

) CP09CE0003 

) 

RECEIVED 

APR _ t 2010 

HEARING DOCKET 

) Civil Penalty Action 

) DMS No. 200p0843 

Thursday, 

March 11, 2010 

131 E. 4th Street 

Courtroom 149 

Davenport, Iowa 

The above-entitled matter came on for 

hearing pursuant to notice at the hour of 9:00 

o'clock a.m. 

BEFORE: 

Richard C. Goodwin 

Administrative Law Judge 

HECEIVEO 

HEARING DOCKET 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
APPEARANCES: 

On Behalf of the Agency: 

MARK G. CAMACHO, ESQ 

Senior Enforcement Attorney 

FAA Regional Counsel 

901 Locust, Room 506 

Kansas City, Missouri 64106 

(816) 329-3765 

On Behalf of the Respondent 

JOEY D. WARDLE, Pro se. 

1301 South 15th Street 

Burlington, Iowa 52 601 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
INDE X 

WITNESS: DIRECT CROSS REDIRECT RECROSS 

Donald Wood 11 

Exhibit No. 

None 

Page 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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PROCEEDING S 

(9:0 2 a.m. ) 

JUDGE GOODWIN: Counsel, will you 

identify yourself for the record? 

MR. CAMACHO: Mark Camacho, Senior 

Enforcement Attorney, Federal Aviation 

Administration Central Region, Kansas City, 

Missouri 

JUDGE GOODWIN: And sir, do you 

want to identify yourself for the record, 

please? 

MR. WARDLE: Yes, Joey Wardle. 

JUDGE GOODWIN: It's pronounced 

Wardle? 

MR. WARDLE: Yes. 

JUDGE GOODWIN: Okay. Please be 

seated. Okay, this is the, just for the 

record, this is the case of the Federal 

Aviation Administration against Joey Wardle, 

W-a-r-d-1-e. 

The FAA Docket Number I S 

CP09CE0003, and th e Docket Management System 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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N\mber is at 2009-0843. Mr. Camacho, do you 

have an opening? 

MR. CAMACHO; We have 

preliminary matter that I'd like to address 

with you. Judge, before we start. If you will 

look at our complaint on page two at the 

bottom, right above the prayer in paragraph 

two, it would be section III, you'll see the 

citation to the statute 46301. 

46301 has two subsections that 

enter play, one for $11,000 which is A5, and 

one for $1,100 for individuals, which is Al. 

This particular complaint cites to $11,000 for 

regulatory violation. That is an error. It 

is to be read as, and I'd like to do a pen and 

ink change and amend it if I can -- the court 

to read $1,100. 

$1,100 is the appropriate sum and 

whether this was done typographically or it 

was done by some follow-up error, or an error 

on the part of me to double check, that is the 

correct amount that should be cited. And in 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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fact, if I had done a better job, I should 

have cited as 46301 Al subsection. 

JUDGE GOODWIN: Okay Mr. Wardle, 

the FAA has asked to amend the complaint, the 

substance of which, it's a statutory citation. 

The way the complaint is written, the 

statutory maximum would be $11,000. They're 

seeking to amend that to $1,100. 

Now, you obviously have a right to 

object. We could adjourn here and we could 

come back if you're prejudiced, or you may 

have some objection as to the amount of the 

fine, which I would think you would not since 

the error seems to be to your benefit. 

So do you have any objection to my 

allowing the amendment to the complaint 

reducing the fine from a potential of $11,000 

to the amount of $1,100? 

MR. WARDLE: I do have a question. 

Your Honor. 

JUDGE GOODWIN: Ye s 

MR. WARDLE: So fo r th e las t 15 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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months I have been stressed out to the fact 

that it was $11,000 and not $1,100 because of 

somebody that made a mistake? 

JUDGE GOODWIN: Well, I can't 

address that issue. It's clearly an error in 

the pleading. The complaint stands for 

itself. The purpose of a complaint is to put 

on notice of the charges against you, and as 

a part of that the potential fine, or the 

allegations against you. 

The substance of the allegations 

have not changed. The only thing that the FAA 

seeks to change is the amount of fine that 

they would request. 

MR. WARDLE: And if I don't accept 

that then it goes back to the $11,000? 

JUDGE GOODWIN: Well no, you have 

a right to say that you object. I make the 

decision as to whether it would be allowed or 

n o t 

Honor, 

MR. WARDLE: Okay, I objec t Your 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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JUDGE GOODWIN: Okay, I'm going to 

allow the amendment since it errors to the 

benefit of the respondent. Mr. Camacho, any 

other preliminary matters? 

MR. CAMACHO: Only that I, so the 

record is clear, my understanding that it is 

our purpose today here is to address sanction 

and sanction only based on the ruling that 

you've already made in this case. So my 

intent is to provide testimony and/or 

evidentiary support for that proposition. 

JUDGE GOODWIN: Okay. 

MR. CAMACHO: I would sequester 

any, I ask to invoke the rule of sequestration 

if there is any witnesses Mr. Wardle has and 

is going to put on other than himself. 

obviously. 

JUDGE GOODWIN; Now Mr. Wardle, 

are you going to have any other witnesses 

besides yourself? 

MR. WARDLE: No, Your Honor, 

JUDGE GOODWIN; All right. The 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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sequestration of witnesses, Mr. Wardle, would 

normally apply if there were multiple 

witnesses. The purpose is that, you know, you 

obviously don't want people sitting behind you 

who are going to listen to testimony and then 

use that to possibly change their own 

testimony. 

So the purpose is to make sure 

that each witness is isolated. You obviously 

have the right to be in the hearing because 

it's your hearing. The FAA has a right to 

have a principal witness sit at the table with 

them because Mr. Camacho will not be 

testifying. 

So, but as an example if you had 

brought several other people with you, if you 

had several other individuals they would all 

be asked to step outside and wait in the 

lobby. 

So, since apparently the only 

witnesses are the witness that you have at the 

table, Mr. Camacho, and Mr. Wardle says he has 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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no other, I will grant the motion for 

sequestration with the understanding that 

there's nobody to sequester. 

MR. CAMACHO; Understood, Your 

Honor. 

that one 

JUDGE GOODWIN: So I can't lose on 

MR. CAMACHO: I'm going to waive 

opening and just call my first witness if I 

may, 

JUDGE GOODWIN: First witness will 

approach and take the stand. 

MR. CAMACHO: I call Aviation 

Safety Inspector Donald Wood, please. 

JUDGE GOODWIN: Now Mr. Wardle, 

this is a formal hearing so the FAA will put 

on their witness. You'll have a right to ask 

questions of the witness about the witness' 

testimony. After the FAA has completed their 

case, you'll have a right to put on a case if 

you want to which can include your own 

testimony if you want to give it. 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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Now I understand this is a civil 

penalty case so all we're here about today is 

the FAA is asking for the imposition of a 

civil penalty. I may -- to a determination as 

to whether it's appropriate and if so, how 

much. All right? 

Sir, will you raise your right 

hand? 

DONALD WOOD, 

called as a witness herein, having been first 

duly sworn, was examined and testified as 

follows: 

seated. 

JUDGE GOODWIN: Okay, please be 

DIRECT EXAMINATION 

JUDGE GOODWIN: Now, would you 

state your name for the record and spell your 

first and last name? 

THE WITNESS: Name is Donald Rae 

Wood. First name D-o-n-a-l-d, last name W-oo-d. 

JUDGE GOODWIN: Okay befor e he 

(202) 234-4433 

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starts, Mr. Wardle I have a rule in these 

cases that I ask the witnesses, and this would 

also apply to you, to obviously state their 

full name and spell their first and last name. 

After that I would prefer that none of the 

witnesses, including yourself, provide 

personal information, dates of birth, social 

security numbers. If it's an integral part of 

the testimony, I will seal the record. 

The reason I do that is everything 

that we do gets posted in regulations.gov in 

Document Management System. Which means if 

you got on it, if we put it in the document 

your date of birth and your home phone number 

and home address and social security number, 

that's going to be on the internet. And in 

today's environment I don't think that's 

appropriate. 

It applies certainly to all the 

FAA and government witnesses. It also applies 

to you and any witnesses that you might have. 

And Mr. Camacho, I'm going to ask 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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you as we go through, if there are any 

documents that appear to have any personal 

information of any of the witnesses, including 

Mr. Wardle, we'll redact those before we put 

those into evidence, and in case you forgot, 

I always bring a permanent black magic marker 

so that we can redact. 

MR. CAMACHO: Thank you. 

JUDGE GOODWIN: Okay, witness with 

you. 

BY MR. CAMACHO; 

Thank you. Would you please. 

you've already stated your name for the 

record, where are you employed sir? 

A The Des Moines Flight Standards 

District Office. 

Q In what capacity? 

A I am an Aviation Safety Inspector. 

Q And are you an air worthiness or 

an operations safety inspector? 

A Operations safety inspector. 

JUDGE GOODWIN: I'm going to ask 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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you to keep your voice up. I've got a 

legitimate hearing disability. 

THE WITNESS: Yes, sir. I'll do 

it. 

JUDGE GOODWIN: And I can put my 

wife on to testify to that but I don't think 

you'd want to hear it. 

BY MR. CAMACHO: 

Q Inspector Wood, how long have you 

been employed with the FAA? 

A Two years, five months. 

Q And in your capacity as a safety 

inspector, what are your duties and 

responsibilities, briefly? Tell the Judge so 

he has a sense on the operations side how that 

differs from their witness. 

A Take care of pilot certification 

issues, accident investigation, complaint 

investigation. Ensure regulatory guidance is 

available to the flying community and also 

disseminate the information to the flying 

community and help educate them on regulatory 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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guidance. 

Q Do you hold any certificates 

issued to you by the Administration? 

A I do. 

Q What are those, please? 

A Airline transport pilot 

certificate and also a flight instructor 

certificate. 

Q How many hours and in what 

aircraft have you been in rated in? 

A I've got in excess of 14,000 hours 

and I'm type rated, which is pilot and captain 

qualified in DC-9, Boeing 757, Boeing 767, and 

the Boeing 777. 

Q As you were coming up as it were 

in the ranks from private pilot to commercial 

pilot as an ATP holder, did you learn to 

operate aircraft in general aviation type 

aircraft or did you go to school and start 

right in on large aircraft? 

A General aviation aircraft was my 

start. 

(202) 234-4433 

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Q Okay. What type would those be? 

A War birds. Piper J3 Cubs and 

Cessna aircraft and Piper aircraft, single 

engine and multi engine. 

Q Prior to coming on with the FAA 

two years and four months ago, five months 

ago' 

Five months ago 

Q Five months ago, did you have any 

experience in the aviation industry. 

A Yes sir, 27 years. 

Q And in what capacities did you 

serve? Was it military, civilian or a mixture 

of both? 

A 

you had? 

Civilian, 

And what type of experiences have 

A As a student pilot, worked my way 

up to a private pilot and then commercial 

pilot, and ultimately an airline transport 

pilot. I've been a fight instructor. I've 

been, served as a first officer for many 

(202) 234-4433 

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airlines and a captain, and worked my way up 

to an instructor pilot and check airman, and 

chief pilot of two large 121 carriers. 

Q When we talk about 121, so the 

record is clear, is that reference to a 

Federal Aviation regulation part? 

It is It would be a Title 14 

Code of Federal Regulations part 121. 

Q And that addresses what type of 

operations in contrast to others? 

A Primarily large aircraft 

commercial operations. 

Q What we would commonly refer to as 

passenger air carrier operations? 

A That's correct. 

Q Delta, United, Southwest, is that 

correct? 

A Similar names, yes sir. 

Q Are you familiar with ultra light 

vehicles? 

I am. 

Okay. Have you had occasion t o 

(202) 234-4433 

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ever operate them yourself? 

A I have indeed. 

Q Have you had occasion to ever own 

one yourself? 

A No, sir. 

Q You investigated the case that we 

are here about against Mr. Wardle, my 

apologies. Mr. Wardle. Is that correct? 

A That is correct. 

Q In the course of your 

investigation you also spoke to the 

complaining police officer, is that right? 

A That is correct. 

Q And his name is, correct me if I'm 

wrong. Officer Ringo Covert? 

A That is correct. 

Q Okay. You're familiar with the 

complaint and the allegations that are set out 

in the complaint, is that correct? 

A I am familiar, yes sir. 

Q And you've read them before coming 

into court today? 

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A I did. 

Q To refresh your memory? I 

explained to you that we're only here to talk 

about sanctions but I want to ask you a few 

questions so that the record is clear and the 

Judge has your input as to the considerations 

for sanction. 

Let me address first these 

concerns In the course of your 

investigation, what if anything did you learn 

about Mr. Wardle and holding a private pilot 

certificate which is one of the first 

allegations set out in the complaint in 

subparagraph II? 

A It would help me understand --

Q What did you, can you confirm what 

you discovered about Mr. Wardle's status as a 

pilot? 

Mr. Wardle is the holder of a 

private pilot certificate. 

Q And as such, what is it that he 

would have had to undergo in terms of 

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understanding operations of aircraft, 

airspace, airports, low flights, that sort of 

thing? 

To earn the privileges of a 

private pilot, Mr. Wardle would have been 

introduced to regulatory guidance and 

understand Federal Aviation regulations. 

Q With regard to being familiar with 

air space surrounding airports, the proper use 

of air space, the need for clearances, 

communications, when he could or could not fly 

in certain type of air spaces, would he have 

had to learn about that as a person who now 

currently holds a pilot's certificate? 

A That is correct. He would have. 

Q Would he have been tested on that? 

A He would have, yes sir. 

Q What is the relevance of that for 

the administration as it pertains to the 

allegations of his operation of an ultralight 

in class E air space? 

MR. WARDLE: Objection, Your 

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Honor. This is for the amount of the sanction 

not of the actual incident, correct? 

JUDGE GOODWIN: Well, it's 

background. I'll overrule your objection. 

BY MR. CAMACHO; 

Do you want me to restate it or do 

A Restate the --

Q What is the significance of the 

training that Mr. Wardle received in his 

holding of a private pilot's certificate as it 

pertains to the operations that were charged 

here in terms of aggravation in these 

circumstances? Can you explain it to the 

Judge, the concern? 

A The concern is Mr. Wardle, as the 

holder of a private pilot's certificate should 

have understood regulatory guidance and air 

space and the operation of the aircraft within 

that air space. 

Q And how does this impact air 

safety when it comes to the operation of an 

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ultralight in class E airspace? 

A Not only his own safety but safety 

in others in the flying community. Other 

aircraft were also endangered by his 

operation. 

Q When you looked at, when you 

investigated this case you discovered that 

this aircraft, this ultralight was flown in 

from the north. Is that correct? 

A That is correct. 

Q And flew south through and into 

and through class E airspace, correct? 

A That is correct. 

Q The allegations that have already 

been admitted in this case involve an 

allegation of flying over a Walmart, correct? 

A That is correct. 

Q Can you tell the Judge where the 

Walmart is located relative to the flight path 

of one of the runways of the airport that's in 

this community? 

A Nearly directly on the departure 

(202) 234-4433 

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path of one of the runways. 

Q That would be departure and 

arrival if that was an active runway, is that 

correct? 

A That is correct. 

Q Depending on which direction the 

flow was of the air? 

A That's correct. 

Q As part of your investigation, did 

you determine how long Mr. Wardle's operation 

took place? 

A Yes, we did. 

Q How long was that? 

A 30 minutes. 

Q Would you consider that a 

protracted period of time to be flying over a 

congested area? 

A I would, yes sir. 

Q Okay. Did you determine during 

your investigation whether or not there had 

been any aircraft departing or arriving in the 

airport in the airspace in which Mr. Wardle 

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was operating? 

A Yes, we did determine, 

Q Would you tell the Judge, please, 

what you found out? 

A Prior to Mr. Wardle's operation, 

there had been the necessity of an air med 

flight departure from the airport due to a 

traffic accident in the area. 

Q Explain to the Judge please the 

concern about the allegation of operating 

after sunset and what the impacts and 

implications are for air safety. 

A Operations after sunset in an 

ultralight aircraft are prohibited due to the 

inability to see and be seen. Without 

navigation lights and proper lighting to help 

illuminate the target, it makes it difficult 

if not impossible to locate aircraft in the 

air. 

Q Who would be, what entity would be 

the entity that would be most vulnerable and 

susceptible to endangerment in this kind of 

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operation after sunset? 

A Not only the operator of the 

aircraft in question, but other aircraft that 

would operation within the vicinity of. 

Q While operating in class E 

airspace as Mr. Wardle did, do you know based 

on your investigation whether or not he was 

communicating with anybody? 

A We were able to determine there 

was no communication. 

Q Would that leave other pilots 

susceptible then to not knowing where he was 

at or the fact that the ultralight was in the 

area? 

Absolutely, 

Q Okay. Are aircraft departing and 

landing in active runways, like the runway 

you've suggested, I mean that you testified to 

is in the flight path of which was over the 

wall mark, are they allowed to fly low for 

departure and takeoff? 

A If the necessity becomes a 

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requirement for the operation, yes they are. 

Q Would you, based on your opinion 

based on your many years of experience and 

with regard to your investigation in the facts 

of this case, consider the fact that Mr. 

Wardle holds a private pilot's certificate, 

would you hold him to a higher standard in 

terms of his understanding of the requirements 

for the ultralight operation? 

A Yes, I would. 

Q Why? Explain to the Judge why you 

would do that, why you had that opinion. 

A There are operators of ultralight 

aircraft that hold no certificate. The 

aircraft by design, if it meets the definition 

criteria of an ultralight vehicle actually 

requires no certificate to operate it. 

However, to operate aircraft that 

do meet the requirements and definition of 

different types of airplanes requires pilot's 

certificate to operate them. And Mr. Wardle's 

certificate would have introduced him to the 

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1 rules and regulations required to operate a 

2 larger aircraft, one that did not meet the 

3 definition of an ultralight. 

4 However this operation, although 

5 it did not require his certificate, still his 

6 knowledge of the rules and regulations and 

7 where to go to look and understanding the 

8 availability of the rules and regulations for 

9 the operation should have been adhered to. 

10 Q What is the concern for the 

11 Administration about a flight of this type at 

12 the altitude in which this occurred over a 

13 congested area as alleged and admitted to in 

14 the complaint, that is 500 and something feet 

15 above these various locations that's set out 

16 in the complaint? 

17 A By design, the regulations require 

18 altitudes of safe operation to not only 

19 provide safety for the operator of that 

20 specific ship but to provide safety for the 

21 communities around and the people that may be 

22 on the ground. And operating below those safe 

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altitude requirements does jeopardize the 

safety of individuals on the ground. 

Q Is this compounded by the fact 

that these operations occurred at night? 

A It is. Yes, indeed. 

Q So separate and apart from the 

concerns of pilots operating in that space 

with no communications on the part of Mr. 

Wardle through a radio, no lighting for 

visibility and identification on the part of 

the pilot is concerns also for the people on 

the ground in the areas over which he over 

flew? 

Q Lastly, would you please tell the 

Judge in your investigation if you had 

occasion to speak with, I'm going to say 

deputy, my understanding is he's a police 

officer, but my understanding is that he's a 

deputy, and that's Ringo Covert who was the 

complainant and the police officer that 

investigated this incident preliminarily. Did 

you have occasion to speak with him? 

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A I did, yes. 

Q Did you have occasion to review 

this police report? 

A Yes, I did. 

Q Based on that, what did you learn 

about the events that happened immediately 

upon the contact made by Office Covert and the 

comments that were made by Mr. Wardle? 

A Essentially I learned that this 

operation had occurred. It was witnessed by 

Officer Covert, and it's apparently a repeat 

of an operation by Mr. Wardle. 

MR. WARDLE: Objection, Your 

Honor. That's hearsay. 

JUDGE GOODWIN: I didn't hear 

what --

MR. WARDLE: 

Honor. That's hearsay. 

JUDGE GOODWIN: 

Objection, Your 

It is hearsay. 

This is an administrative hearing and the 

rules of evidence are relaxed. I might not 

allow it in a case in chief but since we're 

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here on penalty I will allow it. I will admit 

the statement into evidence but your objection 

will go to the weight that I give it when 

making a decision. You don't want to go far -

BY MR. CAMACHO 

I understand. Your Honor What 

did you learn from officer, you investigated 

the case and you learned facts and you learned 

information from Officer Covert, correct? 

A That is correct. 

Q And from his written report that 

was submitted to the police department? 

A Yes, sir. 

What was the exchange of 

communication between the officer and Mr. 

Wardle after this incident once he was on the 

ground and Officer Covert approached him? 

A Well in Officer Covert's statement 

he said that he had, after witnessing Mr. 

Wardle land, he had approached him, identified 

himself. And in the statement that Officer 

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Covert provided he said that I recognized him 

because we had spoken on several previous 

occasions about him flying at low altitudes. 

Q What else did Mr. Covert tell 

Officer Covert? 

A Closing statement --

JUDGE GOODWIN: I think you need 

to rephrase that. You used the same name in 

the --

BY MR. CAMACHO 

Q What else did Mr. Wardle tell 

Officer Covert with regard to the officer's 

authority or what he could do or what he 

couldn't do? 

A The closing statement by Mr. 

Wardle as written in Officer Covert's 

statement was, well there is nothing that the 

police can do and there's nothing that the FAA 

will do. So I will be back again tomorrow 

night. 

Q Very good. When we talk about 

that statement as far as the importance of 

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that statement for the Administration, as an 

investigator and as a pilot and in your role 

as an aviation safety inspector, what do we 

talk about? What is the concern here with 

regard to compliance? 

A A complete disregard for 

compliance of authority and regulation, and 

the intent and the conscientious decision to 

do as Mr. Wardle pleases, when he pleases and 

where he pleases. 

Very good. I have no further 

questions. Your witness. 

JUDGE GOODWIN: Mr. Wardle, do you 

have any questions of the witness about his 

testimony? 

MR. WARDLE: Yes, Your Honor, 

JUDGE GOODWIN: Okay. If you'll 

approach then? 

BY MR. WARDLE: 

Q Mr. Wood, I wanted to congratulate 

you on your hours logged. I think that's 

pretty impressive and I envy that time. 

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During your course of 14,000 hours 

logged, have you ever flown a powered 

paraglider? 

A No, sir. I have not. 

Q It's my understanding that you're 

a safety officer also, that you educate people 

on the proper operation of aircraft in 

general? 

A That is correct. 

Q With no experience of flying a 

paraglider, how could you possibly instruct 

somebody how to fly one safely? 

A Based on my experience as a pilot 

and an operator of aircraft, you develop an 

understanding of and a regard for safe 

operations 

And what is safe operations? I'm 

sorry, that's a general question. Let me ask 

this. At any point in a landing sequence 

would that be considered low altitude? 

A Can you state that one again? 

Q At any sequence --

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JUDGE GOODWIN: I think you need 

to make it a little more clear. 

MR. WARDLE: Okay. 

JUDGE GOODWIN: You're asking 

whether something would be unsafe but you're 

not saying what that something is. 

BY MR. WARDLE: 

Q During the landing of any 

aircraft, is there any point at which the 

aircraft is at a "low altitude". 

aircraft? 

Are you talking about any 

Any aircraft 

JUDGE GOODWIN: — can understand 

it. 

BY MR. WARDLE: 

Q What did you say, excuse me? 

A With the intent of landing. 

Q Thank you. 

A I'm not certain I understand. 

Q No, you answered it how I needed 

you to. Thank you. In your conversation with 

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Officer Ringo Covert, did he happen to mention 

that I had won a court case against him four 

years ago? 

A That information was provided 

through the Chief of Police during the 

investigation. 

Q Do you believe that this could be 

possibly a personal vendetta? 

A I'm not certain I'm prepared to 

discuss that. I investigated this particular 

case. 

Q Okay. Do you think an ultralight 

pilot, a pilot who flies a powered paraglider 

if were reckless could obtain 1600 hours plus 

over a course of six years? 

MR. CAMACHO: 

Speculation, Your Honor. 

Objection, 

answer it. 

JUDGE GOODWIN: Okay if he can 

THE WITNESS: Can you restate the 

question for me please? 

BY MR. WARDLE; 

(202) 234-4433 

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Q Sure. As a pilot of a powered 

paraglider, could a reckless pilot obtain 1600 

hours on a power para, could a reckless pilot 

obtain 1600 hours in a powered paraglider? 

MR. CAMACHO; Your Honor, we'll 

stipulate that a reckless pilot could obtain 

that kind of hours. 

JUDGE GOODWIN: Okay. Mr. Wardle, 

the FAA is stipulating that someone who was 

reckless could get 1600 hours, so. 

BY MR. WARDLE: 

Q You say that the path of which I 

took was from north to south, is that correct? 

A That's correct. 

Q Do you know the wind speed of that 

night and what direction it was coming from? 

A Well I don't off the top of my 

head, no It may be provided in the 

investigation. 

Q Okay, would a significant head 

wind for any aircraft delay time to a landing 

zone? 

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1 A Yes, it could. 

2 Q Are you aware that there is at 

3 least a two acre grass field next to Walmart 

4 to the west and a cut down cornfield to the 

5 south of Walmart? 

6 A During the time of the 

7 investigation I believe that was probably 

8 correct. 

9 Q Are you aware that there is many 

10 open fields and open areas out by that area? 

11 A I believe that's also included in 

12 the information in the investigation. 

13 Q At the low altitude that I was 

14 quoted at flying, do you believe that if 

15 another aircraft was in that low altitude that 

16 would possess more of a problem than I would? 

17 A Try that one again. 

18 Q You said that I had flown low over 

19 Walmart, correct? 

2 0 A That is correct. 

21 Q Do you think that at the altitude 

22 that I was flying, if another aircraft was in 

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that same air space, do you believe that there 

would be a significant problem with it over 

me? 

A With it over you? 

Q What I'm trying to say is if there 

was another aircraft in that area and it was 

that low, there would be a serious problem. 

A Absolutely. 

Q Meaning that another aircraft 

shouldn't be that low, as I am not in the way 

of. 

What I do know is Officer Covert 

witnessed you flying over a Walmart and at low 

altitude in air space that you should not have 

been in. 

Q Getting prior permission from 

airport officials about flying in that area, 

is that acceptable? 

A That would be one acceptable way 

to obtain permission, yes. 

Q So, if I had two airport officials 

on a several-year span give an okay, would 

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that be acceptable? 

A It has to be operation specific. 

You would have to specify. That's the intent 

of radio communication, to identify yourself 

and provide position reports and communicate 

with other aircraft in the area at the time. 

Q So what you're saying was when I 

was told wrong then initially, then that's my 

responsibility to know that they were not 

saying, giving me the correct permission? 

A I'm not sure I understand your 

question. 

Q I had permission from two airport 

officials over the span of the six years that 

I have flown. 

A For that operation that night? 

Q No, not specifically. 

A That's what I'm saying. You need 

to do it per operation. It is operation 

specific. 

Q Okay. 

A You can't go out and get a blanket 

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statement that says any time you want to do 

that you can do it. 

Q Well, lesson learned I guess. 

Education is not cheap. Your Honor. I have a 

couple more questions, Mr. Wood. 

A Might I ask you a question along 

those lines? I don't know if it's 

appropriate. Your Honor. 

JUDGE GOODWIN: No, he's asking 

the questions. 

BY MR. WARDLE: 

Q What kind of damage would a 

powered paraglider do if it just fell out of 

the sky over a Walmart? 

A As an accident investigator, I 

don't want to get too carried away. But it 

could do significant damage. 

Q Are you saying that the laws of 

physics would just disappear in time for one 

moment and air would disappear out of the 

canopy of the glider? 

A I'm saying as an accident 

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investigator, and I've investigated many 

accidents with the agency, I'm saying when 

things go wrong it's not a pretty sight. 

Q Mr. Wood, I've had three engine 

seizures over the course of 1,600 hours and 

not one single time of that have I just fallen 

from the sky. 

JUDGE GOODWIN: Mr. Wardle, that's 

testimony. If that's the basis of a question 

I will allow it. Otherwise you should reserve 

for when you have an opportunity to testify. 

MR. WARDLE: Okay. No further 

questions. Your Honor. 

JUDGE GOODWIN: Any redirect? 

MR. CAMACHO: No, Your Honor. 

JUDGE GOODWIN: Sir, you may step 

down and you can remain in the courtroom, but 

I instruct you that you're still under oath 

until the conclusion of the case. 

THE WITNESS: Yes, sir. 

JUDGE GOODWIN: Mr. Camacho? 

MR. CAMACHO: We'r e done . Your 

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Honor. We rest on the sanction aspect of 

this. 

JUDGE GOODWIN: All right Now 

Mr. Wardle, is there any testimony or evidence 

that you would like to present? 

MR. WARDLE: Yes, Your Honor. Do 

I need to approach the? 

JUDGE GOODWIN: Well if you want 

to testify I'm going to ask you to come in and 

raise your right hand. 

JOEY WARDLE, 

called as a witness herein, having been 

first duly sworn, was examined and testified 

as follows 

JUDGE GOODWIN: Please be seated. 

State your name for the record and spell 

your first and last name. 

MR. WARDLE: Joey Wardle, J-o-ey, W-a-r-d-1-e. 

JUDGE GOODWIN: Now normally you 

would be subjected to questions to which you 

would respond. Given that you're a pro se 

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• 2023667536 UnelOSTE12-128 01:08:38 p.m. 03-01-2010 5/14 

SERVED OCTOBER 28» 200 9 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

JOEY D. WARDLE 

FAA DOCKET NO. CP09CE0003 

(Civil Penalty Action) 

DMS No. FAA-2009-0843 

NOTICE OF HEARING DATES 

Venue is hereby changed to Davenport,-lA.. 

r 

NOTICE IS HEREBY GIVEN that testimony and evidence will be heard and considered 

March 11 and 12, 2010, inclusive, in the U.S. District Court. Southern District of Iowa, 

131 East 4th Street. Suite 150. Davenport. lA 52801 ^ Hearings will commence at 9:00 

a.m. and conclude at 4:30 p.m. each day. The parties should vacate the courthouse on or 

before 5:00 p.m. each day. 

Settled cases will not be removed from the docket imtil the Presiding Judge receives the 

proper pleading(s). Pleadings maybe forwarded by fax, express mail, courier or postal 

service. 

SO ORDERED. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachments - Service List 

' The parties should check with the Clerk's office the day of the hearing for the exact courtroom which will 

be used. 
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respondent, I will give you a little bit of 

latitude. But I will also give Mr. Camacho 

similar latitude in his cross examination. 

So if there's anything that you would like 

to tell the court about this incident, 

please feel free to do so. 

MR. WARDLE: Yes, Your Honor. I 

would like to start off with the quote that 

Mr. Wood said, that I had the conversation 

with Officer Ringo. I remember what I said 

15 months ago and I would like to tell you 

exactly what it was that I said. 

I had told Mr. Ringo that he had 

gotten me removed from several other landing 

spots that were even further out into the 

country because of the court case that I won 

against him. 

I also told him that there wasn't 

anything that he could do, and if he wanted 

to do something he would have to notify the 

FAA, which in turn he did. It wasn't that 

the FAA couldn't do anything. I was tired 

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of being harassed by him. 

For instance, the many 

conversations that he said he had with me, 

one of them was six officers surrounded me 

when I landed out at the college in the back 

field and harassed me about flying over the 

ammunitions plant, which I didn't fly over 

and which in fact, is not a no fly zone and 

hasn't been for 20 years. 

It's this kind of harassment that 

has led up to today. I am a responsible 

pilot. I do fly and respect the rules and 

regulations. I had I not I wouldn't have 

accrued over 1,600 hours. 

I am sure that this story you 

have heard from him has been padded slightly 

due to a personal vendetta. This landing 

after dark was a mistake. But it wasn't 

intentional. There was a headwind that 

forced me to, you know, I don't know where 

else to land in the dark but a familiar 

place. And landing in a familiar place is 

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also essentially unsafe. It's as safe as 

you want to make flying and do I feel like I 

was a danger over Walmart? Absolutely not. 

If I ran out of gas over Walmart 

I could have landed in an empty parking 

spot. It's not difficult when you have 

1,600 hours of flight experience. 

I think the original civil 

penalty of $22,000.00 for someone who's been 

laid off for six months and has had to 

stress out about that fact for over a year 

is absurd. I don't know how the FAA sleeps 

at night making somebody worry about 

something like that. 

Maybe if I had a vast amount of 

resources to waste I could have had two 

lawyers in here with me. But I don't. I 

think it's a gross waste of time and the 

government's resources. 

That's all I have. Your Honor. 

JUDGE GOODWIN: Why don't you 

tell me a little bit about the flight. You 

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1 suggest that you ran into a head wind and 

2 that delayed you getting back. Where did 

3 you start from? 

4 MR. WARDLE: I started from the 

5 same spot where I landed behind Horse and 

6 Hound. It's a country store and I have 

7 permission to take off from their big grass 

8 field. I flew out over the college, out to 

9 the country to my parents house where I 

10 usually fly around. 

11 I don't know anybody out in the 

12 country to take off out there, otherwise 

13 that's where I would be. But I live in 

14 time. And I've been doing that for the past 

15 six years, Your Honor. 

16 There's usually wind in the later 

17 evening and usually it dies down. But for 

18 some reason that day, a front must have been 

19 moving in or all kinds of reasons, there was 

2 0 a head wind and I needed to go back to the 

21 landing spot. That's where my car was. 

22 So I remained at what I would 

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point during the approach back to the 

landing spot, there would be a place to land 

if something were to go wrong. 

And my battle of wits if you'd 

call it with Officer Ringo is very personal, 

him and I. It has nothing to do with 

disregarding rules or regulations. It's him 

personally. And in fact, one of the 

comments that he made to me when I landed 

was I'm going to get this spot taken away 

from you too. And then I said, well I 

already have permission from Steve and 

Jennifer, and that's the point where he 

started writing my name down and 

information. 

ADMINISTRATIVE JUDGE SMITH: Do 

you have a high school education? 

MR. WARDLE: Yes, Your Honor. 

JUDGE GOODWIN: Do you have a 

college education? 

MR. WARDLE: Some. Some college. 

(202) 234-4433 

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JUDGE GOODWIN: And what did you 

do before you got laid off. 

MR. WARDLE: I worked in a 

drafting department in Burlington. I was 

hired for maintenance, my maintenance 

ability as well as operating the water jet. 

JUDGE GOODWIN: Operating what? 

MR. WARDLE: A water jet. 

JUDGE GOODWIN: Mr. Camacho, do 

you have any questions? 

BY MR. CAMACHO: 

Q Mr. Wardle, immediately after I 

sent you a notice of proposed civil penalty 

in this case, you hired a lawyer and had a 

lawyer by the name of Nick Romer represent 

you. Isn't that a fact? 

A Yes. 

Q And he and I spoke on the phone 

and you requested an informal conference to 

be held, and we held an informal conference 

and he was representing you, and he is from 

Tennessee as I understand it. Is that 

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Yes 

And we reached a settlement 

agreement in this case for $3,000.00. 

A No, we did not. 

Q According to my notes and your 

attorney's communication we did, but that's 

not the point. The point is you did have a 

representative of legal counsel. We did 

address these issues. We addressed the 

particulars and we reached a settlement when 

that happened. 

A No, we did not. 

Q Well, that's not what your 

attorney told you. Irrespective of whatever 

hardships you've had with Officer Covert, 

this case is not about Officer Covert. It's 

about your actions in an ultralight and your 

low flight over a congested area. And those 

facts are now deemed admitted and are a 

matter of record. 

And what you're telling the Judge 

(202) 234-4433 

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is that you over flew this area at 500 and 

something feet for 30 minutes because you 

had a head wind, is that it? 

A No, I did not say I flew over 

that area for 30 minutes. 

Q Well, the allegations were then 

the officer's testimony would have been had 

he been here today, and he was prepared to 

come today to testify, that he observed you 

overflying this area for 30 minutes at this 

altitude and in fact --

Q 

Where is the officer? 

He used a specific machine to 

gage your altitude. Are you denying the 

fact that you overflew this area for that 

period of time? 

A I just said I did not fly over 

that area for 30 minutes. It was a straight 

line flight from Horse and Hound directly in 

line with Walmart. I'm not denying flying 

over Walmart. 

Q You're not denying a low flight. 

(202) 234-4433 

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A What's your definition of low 

flight, Mr. Camacho? 

Q Are you denying flying at 500-

something feet over Walmart? 

A Am I denying flying at 500? 

Q Yes. 

A No. 

Q You went back to the place where 

your car was, correct? 

A Yes. 

Q And where was that located at? 

A Behind Horse and Hound. 

Q So you're saying you took off 

next to Walmart and flew around and then 

landed there? 

A Oh, I guess it depends on. Horse 

and Hound is next to Walmart if you're 

comparing to, you know, Iowa next to 

Illinois. 

Q You flew the aircraft at low 

flight over the Walmart area and in class E 

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airspace at night. And you hold a pilot's 

certificate, correct? 

A Yes. 

Q I have no further questions. 

JUDGE GOODWIN: Okay, Mr. Wardle, 

You can step down. Mr. Camacho, did you 

want to argue? 

MR. CAMACHO: Yes. I'm going to 

give this to you, Judge and ask you to take 

judicial notice of it. When you see it 

you'11 know, 

JUDGE GOODWIN: Show, can you 

show Mr. Wardle? 

MR. CAMACHO: He has a copy. 

JUDGE GOODWIN: Okay. 

MR. CAMACHO: It's not really an 

exhibit but just to refresh your memory. 

JUDGE GOODWIN: Are you implying 

that I now have short-term memory loss 

because of my age, Mr. Camacho? 

MR. CAMACHO: No, I think I'm 

older than you are. Judge. And I can tell 

(202) 234-4433 

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you that I don't think that's the case or I 

wouldn't be doing this job either. 

The point is that I just wanted 

to refresh your memory and remind you that 

five years and four months ago you had 

occasion to hear a case in California 

involving Mr. David Siddall. And in that 

case Mr. Siddall operated off of Kite Hill 

an ultralight along with one of his buddies 

and they overflew two particular highways. 

One was called, it was in Laguna --

California, one of the highways was referred 

to as Alicia Parkway and the other Aliso 

Creek Road. Mr. Siddall admitted to flying 

over Alicia Parkway but denied the Aliso 

Creek Road, 

And in that particular case you 

had the testimony of a police officer who 

arrived at the scene, observed it, the 

flights, for about five to ten minutes. And 

the sanction that was being sought, there 

were only two regulatory violations that 

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were being sought at the time and that was 

the low flight over a congested area and 

the, well I would say, the in tandem 

creating hazard to other persons or 

property. So it's 103.15 and 103.9. 

Those were the only two 

regulations and $2,200 was being sought as a 

sanction in that instance. You reduced the 

sanction by $950.00 because in your findings 

you determined that although Mr. Siddall 

debated the issue of whether or not he 

actually crossed over Aliso Creek, denying 

that he had, as a matter of credibility 

determination you credited Deputy Dank's 

testimony, 

And you indicated as is noted in 

paragraph, in the second paragraph on page 

three, II in your decision, and this went up 

on appeal to the decision maker at the time 

back in October of 2 008, you credited that 

testimony and you explained the reduction 

indicating that not withstanding Mr. 

(202) 234-4433 

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Siddall's denial that the facts were going 

to fall on the side of Deputy Dank's 

testimony and that the reduction was given 

because the action, it happened very quickly 

and was incidental to, it was momentary and 

incidental to crossing Aliso Creek Road. 

Mr. Siddall took this up on 

appeal and debated whether Deputy Dank's 

could have seen this because of the reported 

period of time of arrival, he couldn't 

possibly have seen it. He stated on appeal 

he didn't have enough time to see this 

crossing over a congested area, etcetera. 

etcetera, 

And then ultimately a 

determination was made that the 

representation of Mr. Siddall were unfounded 

that in fact the officer had testified that 

he'd seen this aircraft operate for five to 

ten minutes 

The facts of this case are not in 

dispute. They've been admitted as a matter 

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56 

1 of law. And the reality is that this 

2 aircraft has twice the problems, I'm sorry, 

3 this vehicle has twice the number of 

4 regulatory violations which under the 

5 amendment of the complaint today in the 

6 appropriate subsection of the cited statute 

7 would expose Mr. Wardle to a $4,400.00 civil 

8 penalty. 

9 The Agency has opted to pursue 

10 the $3,000.00 civil penalty in light of 

11 prior discussions with counsel and the 

12 understanding reached that it was a 

13 settlement that ultimately fell out. And 

14 that's Mr. Wardle's right. 

15 But regardless, the point was at 

16 the moment of the informal conferences and 

17 following discussions, an understanding was 

18 reached between counsel. As to what was 

19 communicated between his counsel and Mr. 

20 Wardle, I'm not privy to. But as a matter 

21 of equity and fair play I pursued this 

22 particular civil penalty in light of those 

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1 discussions. 

2 So we have four particularly 

3 tough situations for Mr. Wardle. Number 

4 one, you've got an air operation albeit 

5 through a vehicle over a congested area of a 

6 small community, not just a Walmart, but as 

7 the allegations are set out, there's a 

8 number of different stores in the area. 

9 Number two, and although not 

10 alleged I would say to you as an offer of 

11 proof, and I know this is argument so it's 

12 not really evidence, but as an offer of 

13 proof had the deputy come here and 

14 testified, he would have testified that he 

15 used an instrument that is akin to a radar 

16 gun, and the estimated altitude was actually 

17 shot with this instrument. And he would 

18 have attest to that in great detail and 

19 explained how it functioned, etcetera. So 

2 0 it wasn't an eyeball estimate. 

21 Number two, it occurred at night. 

22 Number three, the reason that 

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1 this is significant is because occurring at 

2 night it also occurred at the end of one of 

3 the runways at the airport. The approach 

4 and departure of that runway, Walmart is 

5 right in line with the flight path. 

6 Number four, it is in prohibited 

7 airspace. He simply cannot operate an 

8 ultralight in that airspace, period. 

9 There are four regulatory 

10 violations here. We have endangerment of 

11 people on the ground. We have endangerment 

12 of people in the air. What Mr. Wardle 

13 doesn't seem to get not withstanding his 

14 testimony about having 1600 hours is that 

15 acquiring 1600 hours has absolutely no value 

16 if he doesn't get the importance of air 

17 safety. 

18 And what he doesn't get. Judge, 

19 what he doesn't get is that he put himself 

20 and others at risk because other pilots 

21 would not be able to see him, identify him, 

22 locate him or know that he was there. 

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He was not communicating with 

anyone. He didn't have any kind of strobe 

lights on his vehicle, and he was low enough 

in a flight path at the end of a runway such 

that anybody using that runway, even if it 

was not active but had to use it for 

emergency purposes, would not know that he 

was there. 

The other point is that if Mr. 

Wardle wants to debate or dispute the 

altitude, then the higher he puts himself, 

the greater the risk of endangerment to 

pilots in that class E airspace. 

The lower he puts himself, the 

lower, then the danger there is to people. 

There is potential for catastrophic events 

that happen not withstanding the fact that 

every day in the United States, Your Honor, 

people land gear up in aircraft just by way 

of example. 

You and I would think well what's 

the big deal about landing gear up? You 

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1 skid along the fuselage and run down the 

2 runway with a lot of sparks going and the 

3 prop is getting bent. And Your Honor, I in 

4 my office have had the occasion to see the 

5 corpse of a pilot that was stuck inside an 

6 aircraft that landed gear up where there was 

7 a combustion that occurred on the runway and 

8 he was not able to get out. 

9 And the worst part of that was 

10 that ignition happened at a time when the 

11 surrounding grass area at the end of the 

12 runway ignited as well. And some of the 

13 structures out in the outer perimeters 

14 caught on fire as well. 

15 Every day the potential happens 

16 when you're careless. But this instance is 

17 not careless. In this instance, it's 

18 reckless. You have a certificated pilot who 

19 sat here in court today and under oath told 

20 you he's got 1600 hours and he wants to 

21 boast about that and at the same time not 

22 take responsibility and be held accountable 

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for the fact that he made a volitional 

decision to operate an ultralight vehicle 

under the circumstances alleged, charged and 

found to have been admitted already, at 

night, at the end of a runway in a flight 

path, 

Three thousand dollars is a gift 

We apologize for the error in the wrong 

citation. But he had counsel. Your Honor. 

And even counsel never brought it to this 

counsel's attention during the informal 

conference discussions that if he had done 

his due diligence and thought that it was an 

error, clearly Mr. Wardle's counsel also was 

mistaken when reviewing that. 

That's not the issue. We reached 

an understanding about the $3,000.00 and I 

provided that offer to his counsel. And 

clearly he had a duty and responsibility to 

pass along to Mr. Wardle. So very early on 

in the game Mr. Wardle knew where we were at 

on the dollars. 

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1 I do not believe that the factors 

2 that helped you to distinguish in the 

3 Siddall case the need for a reduction 

4 applies in the present case. I've already 

5 given Mr. Wardle the benefit of the doubt as 

6 a first-time offender with regard to 

7 ultralight vehicle violations instead of 

8 pursuing this for $4,400.00 and standing 

9 here and asking you for the maximijm, we're 

10 down to now $3,000.00 and I guess you could 

11 say, Your Honor, that taking into account 

12 your willingness to look at this case most 

13 favorable to Mr. Siddall, we've done the 

14 same sort of thing. 

15 I think $3,000.00 is an 

16 appropriate sanction under the 

17 circumstances, particularly in light of the 

18 fact that we have four regulatory violations 

19 and not two. 

20 And lastly I'd like to point out 

21 that even though it's disputed and Mr. 

22 Wardle would have you believe that the 

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deputy who went on record and worked up an 

official police report and put himself if 

you will in a position where he would have 

to testify under oath in a court of law if 

needed about the facts of the event in 

question on the day in question or the night 

in question, not withstanding that and that 

that's his sworn duty and responsibility as 

a police officers, this is not about Officer 

Covert. This is about Mr. Wardle's 

decision, his choice in life. His election 

to do something that he shouldn't have done. 

And which, as a private pilot 

he's going to be held to a higher standard 

in terms of his understanding of the 

applicable regulations and the potential 

endangerment. 

So he cannot hide behind a 

defense of ignorance, not withstanding the 

fact that ignorance of the law is not an 

excuse, is not a mistake of fact situation. 

Quite to the contrary. Quite to the 

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contrary. Three thousand dollars as a 

punishment is appropriate and that's what 

we're asking you to sustain in this case. 

Thank you 

JUDGE GOODWIN: Mr. Wardle, do 

you have an argument on the issue of 

penalty? 

MR. WARDLE: Yes, Your Honor, 

When I had an attorney, Nick Romer, we did 

have an informal conference on the phone 

with Mr. Wood, Mark Camacho and myself and 

my lawyer. At the time of the conversation, 

it was $22,000.00. 

JUDGE GOODWIN: Okay, let me just 

cut that argument short right here. There 

is a long series of court cases in multiple 

jurisdictions that the court relies on, and 

I will not consider for either side any 

discussions, on any settlement discussions. 

They're not germane to what I do. I won't 

consider the testimony or the evidence. 

I don't care whether there was or 

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1 whether there wasn't and what numbers were 

2 there. So let's move on to a different 

3 subject. 

4 MR. WARDLE: Okay. At no time 

5 was my flight that night in any path of any 

6 one of the two runways. And I would know 

7 because I have flown all four approaches. 

8 So when then say that I was in 

9 direct line with an approach is a 

10 misstatement. I did not choose to go flying 

11 at night. Your Honor. I was simply delayed 

12 by a head wind, and I refused to land in the 

13 dark somewhere where I couldn't see 

14 anything. That's all I have to say. Your 

15 Honor. 

16 JUDGE GOODWIN: Okay Mr. Wardle, 

17 my habit is to do written opinions. That 

18 will give me the chance to review the 

19 testimony the testimony the two of you have 

2 0 given here today. Just to be sure, do we 

21 have your correct mailing address in the 

22 file? 

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JUDGE GOODWIN: All right. If 

there's nothing further, we're going to go 

off the record. After we go off the record, 

I'm going to get your, I don't want to do it 

on the record because I don't want it to end 

up on the internet. Is there anything else, 

Mr. Camacho? 

Thank you. 

MR. CAMACHO: No, Your Honor, 

JUDGE GOODWIN: Okay, we'll go 

off the record. 

(Whereupon, the above matter was 

concluded at 10:01 a.m.) 

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akin 57:15 

albeit 57-4 

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Aliso 53:13,15 

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amount 5:22 6:12 

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APPEARANCES 

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applies 12:19,20 

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approach 10:12 

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appropriate 5:18 

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area 23:17 24:8 

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argue 52:7 

argument 57:11 

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arrival23:3 55:10 

arrived 53:19 

arriving 23:21 

asked 6:4 9:18 

asking 11:3 34:4 

40:9 62:9 64:3 

aspect 42:1 

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Inc, 
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Inc. 
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Neal R. Gross & Co., 

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Inc. 
76 

CERTIFICATE 

This is to certify that the foregoing transcript 

in the matter of: Joey D. Wardle 

Before Hon. Richard C. Goodwin 

Date March 11, 2010 

Place Davenport, Iowa 

represents the full and complete proceedings of the 

aforementioned matter, as reported and reduced to 

typewriting. 

^Jui ^ /A/i^Jri!0 

Stuar t Karouba s 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com