u.s. DEPARTMENT OF TRANSPORTATION R E. c E I v ED 

OFFICE OF HEARINGS ·· = 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

TYLER PENNYWITT., 

Respondent. 

AUG -4 201~ 

H EAHING DOCK£11 

Docket No. F AA-2013-0716 

FAA Case No. 2012S0150128 

Judge Sullivan 

SUPPLEMENTAL SUBMISSION ON MOTION FOR SUMMARY JUDGMENT 

By Order dated June 27,2014 Order, the Judge instructed the FAA to file (1) information 

regarding the FAA's non-involvement in Respondent's criminal case, including a statement 

identifying Ms. Glenda White and the agency she worked for and represented during that 

criminal case; and (2) information regarding the identity of the third party who referred the 

Respondent's request for a hearing to the FAA, and when/how this referral took place. 

It is undisputed that on June 4, 2012, the Respondent illuminated the helicopter of a 

Jacksonville Sheriff's Office (JSO) helicopter. The JSO contacted the FAA, and Aviation Safety 

Inspector Joseph W. Gramzinski began an investigation into potential Federal Aviation 

Regulation (FAR) violations. As part of this investigation, Inspector Gramzinski sent 

Respondent a Letter of Investigation (LOI) on June 22, 2014, to which Respondent's attorney 

Eric Friday responded by letter dated July 6, 2012. See Response to Motion for Summary 

Judgment at Exhibit R-3. 

The JSO, presumably dissatisfied with the state law remedies available, asked Inspector 

Grarnzinski about the FAA pursuing criminal charges against Respondent. Inspector Gramzinski 
informed the JSO that the FAA does not bring criminal charges, but informed them that the 

Department of Transportation (DoT) Office of the Inspector General (OIG) did, and referred the 

JSO to DoT OIG Special Agent Glenda White. Inspector Gramzinski also called Special Agent 

White and informed her that he had referred the JSO to her. 

Special Agent White contacted the JSO and began a criminal investigation. On 

September 11, 2012, Special Agent White telephonically contacted Respondent. Exhibit J. 

Respondent asked Special Agent White who she worked for, and Special Agent White informed 

Respondent that she worked for the DoT OIG, and explained to Respondent that the FAA 

conducted administrative investigations but that she conducted criminal investigations. !d. 

Respondent referred Special Agent White to attorney Friday. !d. 

That same day, attorney Friday telephonically contacted Special Agent White. Exhibit K. 

Attorney Friday asked that Special Agent White explain who she was and who she worked for, 

and Special Agent White again explained that she was a criminal investigator for the DoT OIG, 

and again explained that while the FAA was conducting an investigation into regulatory 

violations, she was conducted an investigation into criminal violations. Id. Two days later, 

attorney Friday provided Special Agent White with a copy of the July 6, 2012 letter. Exhibit L. 

Subsequently, Special Agent White requested, and Inspector Gramzinski provided, a 

copy of the FAA's evidence from its investigative file. The purpose of this request was so that all 

available evidence (such as the statement provided to the FAA by the helicopter pilot) could be 

provided to Respondent's criminal defense, in order to preclude any opportunity for Respondent 

to later claim that the prosecution had failed to provide him with all potentially exculpatory 

information. This was Inspector Gramzinski's only interaction with Special Agent White after 

informing her that he had referred the JSO to her. 

2 
In February 2013, Special Agent White telephonically contacted the undersigned. This 

contact was prompted by a request by Respondent's criminal defense attorney for the civil 

penalty action to be settled as part of the criminal case. The undersigned confirmed Special 

Agent White's understanding that the U.S. Attorney's Office did not have the authority to settle, 

nor did the District Court have the authority to rule on, the FAA's civil action. The undersigned 

informed Special Agent White that Respondent was welcome to contact the undersigned about 

the civil case, but had not done so. This was the only contact between the undersigned and 

Special Agent White concerning Respondent prior to Respondent being convicted and sentenced. 

Special Agent White worked for and represented the DoT OIG in Respondent's criminal 

case, during an initial investigation and later working in conjunction with the United States 

Attorney's Office. At no time was Special Agent White a representative of the FAA. 

On April II, 2013, the FAA issued a Final Notice of Proposed Civil Penalty against 

Respondent. Having received no response, the FAA proceeded to issue the Order Assessing Civil 

Penalty on August 8, 2013. The undersigned subsequently received a telephone call from 

attorney Stone, who was representing Respondent in the criminal case. Attorney Stone 

complained about the Order, asserting that it constituted double jeopardy, and claiming that he 

had been misled by the Assistant United States Attorney (AUSA) handling the case into 

believing that pleading guilty would resolve the civil action. Attorney Stone asked the 

undersigned to withdraw the Order. Attorney Stone made no mention of requesting a hearing in 

the civil action. 

After speaking with Attorney Stone, the undersigned contacted the AUSA. After 

discussion with the AUSA, the undersigned contacted attorney Stone and informed him that the 

FAA would not withdraw its Order. Attorney Stone told the undersigned that he would seek to 

3 
have Respondent's criminal conviction thrown out. The undersigned asked the AUSA and/or 

Special Agent White to provide the undersigned with a copy of any such motion filed in the 

criminal case.

1 

On August 14, 2013, attorney Stone electronically filed in the criminal case a Motion to 

Vacate and Set Aside Judgment and Sentence. On August 26, 2013, Special Agent White sent 

the undersigned an e-mail, attaching a copy of the Motion to Vacate. One of the attachments to 

that Motion to Vacate (R-8) was a letter from attorney Stone to the FAA Civil Penalty Docket 

requesting a hearing on the Final Notice of Proposed Civil Penalty. This was the first time the 

undersigned had seen that letter. Accordingly, the third party who referred the request for hearing 

to the undersigned was Special Agent White, and that referral took place via e-mail on August 

26,2013. 

After revtewmg the Motion, including the letter attached as R-8, the undersigned 

contacted the FAA Civil Penalty Docket to determine whether it had received the request for a 

hearing. The docket indicated that it had received the request for a hearing, and on August 30, 

2013, the FAA filed its Complaint in this matter. 

r" 

Respectfully submitted this 2 f day of July , 2014. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

1 The undersigned does not specifically recall to which of the two, or both, he made the request. 

4 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Reply in Support of Motion for Summary Judgment 

and Response in Opposition to Motion to Dismiss has been sent this date by the following 

methods: 

original and one copy via certified mail: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

one copy via certified mail: 

Tyler Pennywitt 

4483 Hanover Park Drive 

Jacksonville, FL 32224 

Honorable Judge J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

fax: (202) 366-7536 

tJUL L2, 9 2014 

Dated 

5 
United States Department of Transportation -Office of Inspector General 

Case Number: 

112A005040 1 

Date of Activity: 

09/11/2012 

Subject of Acttvlty: 

PENNYWITT, TYLER J. 

Memorandum of Activity 

Reporting Office: 

JRI-4 Miami 

Date Report Drafted: 

09/12/2012 

Activity Conducted By (Namo(s)): 

Glenda White 

Typo of Activity: 

Record of Conversation 

Location of Activity: 

US DOT/OIG JRI-4 Building 111, Yorktown Avenue 

Jacksonville FL 32212 

Signature: 

GW 

On September 11,2012, Special Agent (SA) Glenda L White, United States Department of Transportation (US DOT), 

Office of Inspector General (OIG), Jacksonville, FL, telephonically contacted Tyler Pennywitt, Jacksonville, FL. SA White 

identified herself. SA White explained JSO referred an investigation to her office regarding an incident wherein Pennywitt 

shined a laser at a Jacksonville Sheriffs Office (JSO) helicopter. SA White advised she would .like to interview Pennywitt in 

regards to the laser incident Pennywitt asked SA White if she could provide additional information regarding who she 

worked for. SA White explained she worked for the US DOT/OIG, and advised this matter was referred to her office 

because the Federal Aviation Administration (FAA) was a modal agency within the US DOT. Pennywitt advised he already 

provided information to the FAA. SA White explained the FAA conducted administrative investigations and her office 

conducted criminal investigations. SA White explained, as part of her investigation, she needed to provide Pennywitt the 

opportunity explain what occurred. 

Pennywitt advised he previously retained counsel for the FAA matter and wanted to discuss this request with his attorney 

before he agreed to an interview. Pennywitt advised Eric Friday, Jacksonville, FL, was his attorney. SA White provided 

Pennywitt with her contact information and advised Friday could contact her if he wanted to schedule an interview for 

Pennywitt. Pennywitt advised he would have Friday contact SA White as soon as possible. 

Identification: 

Name: Tyler Pennywitt 

Address: 4483 Hanover Park Drive 

Jacksonville, FL 32224 

Phone: (904) 252-1356 

Reviewed By (Initials): M G Date: 09/12/2012 

This report is the property of the Office of Inspector General, and is For Official Use Only. tt contains sensitive law enforcement information, the use and 

dissemination of which Is subject to the Privacy Act, 5 U.S.C. § 552a. Thls Information may not be copied or disseminated without the wrttten permission of the OIG, 

which will be granted only In accordance with the Privacy Act and the Freedom of Information Act, 5 U.S.C. § 552. Any unauthorized or unofficial use or 

dissemination of this Information will be penalized. 

Page 1 of 1 Office of Inspector General - Investigations 

U.S. Department of Transportation 
Case Number: 

112A0050401 

Date of Activity: 

09/11/2012 

Subject of Activity: 

FRIDAY, ERIC 

United States Department of Transportation -Office of Inspector General 

Memorandum of Activity 

Reporting Office: 

JRI-4 Miami 

Date Report Drafted: 

09/12/2012 

Activity Conducted By (Namo(s)): 

Glenda White 

Type of Activity: 

Record of Conversation 

Location of Activity: 

US DOT/OIG JRI-4 Building 111, Yorktown Avenue 

Jacksonville FL 32212 

Signature: 

GW 

On September 11, 2012, Eric Friday, Attorney, Jacksonville, FL. telephonically contacted Special Agent (SA) Glenda L. 

White, United States Department of Transportation (US DOT), Office of Inspector General (OIG), Jacksonville, FL, and 

advised he represented Tyler Pennywitt, Jacksonville, FL. Friday advised Pennywitt contacted him because SA White 

wanted to interview Pennywitt regarding the laser incident. Friday asked SA White if she could explain who she was and 

who she worked for again to him. SA White explained she was a criminal investigator for US DOT/OIG, and JSO referred 

the matter regarding the laser incident to her office for further investigation. Friday advised he had already responded to a 

request for information by the Federal Aviation Administration (FAA). SA White explained the FAA was a modal agency 

under US DOT, and the FAA was conducting an administrative investigation related to possible regulatory violations. SA 

White advised her office conducted criminal investigations. Friday asked if the matter would be provided to an attorney out 

of Washington, DC, for prosecution because he had dealt with situations like that in the past. SA White advised her office 

would refer the matter to the local United States Attorney's Office (USAO) in Jacksonville, FL. 

Friday advised the state statute required the individual to knowingly shine a laser light at an aircraft and that was not what 

happened in this incident. Friday asked if SA White could provide him with the relevant statute she was using to save him 

some research. SA White advised the matter would fall under Title 18 United States Code (USC), Section 39a. 

Friday advised he was not inclined to allow Pennywitt to be interviewed, but he wanted to inform SA White what he planned 

to introduce as a defense. Friday advised it would be the same information he provided to the FAA, but he would like to 

verbally advise SA White as well. 

Friday advised Pennywitt's home was not near an airport or in the flight path of any airport. On the day of the incident, 

Pennywitt was in his back yard entertaining his three year old son with a laser/star pointer. Pennywitt was shinning the light 

on power lines, etc., and during the time Pennywitt was entertaining his son with the laser, the laser light accidentally hit the 

JSO helicopter. Friday said it was merely an accident. 

Friday wanted to point out he personally purchased the exact same laser pointer used by Pennywitt from Radio Shack, and 

there was nothing on the packaging to indicate or advise the laser should not be shown at aircraft or that the laser would 

interfere with aircraft operations. 

Friday adv'1sed Pennyw·ltt had no intention of shinning the light on the JSO helicopter. Friday advised Pennywitt was not a 

criminal, he was just a guy who made a mistake. 

SA White thanked Friday for returning her call and providing the above information. SA White advised she would complete 

her investigation and the matter would be forwarded to the USAO for further review and/or action. 

Identification: 

Name: Eric Friday 

This report is the property of the Office of Inspector General, and Is For Official Use Only. It contains sensitive law enforcement Information, the use and 

dissemination of which Is su.bject to the Prtvacy Act, 5 U.S.C. § 552a. This Information may not be copied or dlssemlnated without the written permission of the DIG, 

which will be granted only In accordance with the Privacy Act and the Fre&dom of Information Act, 5 U.S.C. § 552. Any unauthorized or unofficial use or 

dissemination of this information will be penalized. 

Page 1 of 2 Office of Inspector General ~ Investigations 

U.S. Department of Transportation 
Case Number: 

112A0050401 

Date of Activity: 

09/11/2012 

Subject of Activity: 

FRIDAY, ERIC 

Title: Attorney 

Agency: Fletcher & Phillips 

541 East Monroe Street, Suite 1 

Jacksonville, FL 32202-2838 

Phone: (904) 353-7733 

Reporting Office: 

JRI-4 Miami 

Date Report Drafted: 

09/12/2012 

Activity Conducted By (Name(s)): 

Glenda White 

Type of Activity: 

Record of Conversation 

Location of Activity: 

US DOT/OIG JRI-4 Building 111, Yorktown Avenue 

Jacksonville FL 32212 

Signature: 

GW 

Reviewed By (Initials): M G Date: 09112/2012 

This report is the property of the Office of Inspector General, and is For Official Use Only. ft contains sensitive law enforcement infonnation, the use and 

dissemination of which Is subJect to the Privacy Act, 5 U.S.C. § 552a. This lnfonnatlon may not be copied or disseminated without the wrtHen permission of the DIG, 

which will be granted only In accordance with the Privacy Act and the Freedom of Information Act, 5 U.S.C. § 552. Any unauthorized or unofficial use or 

dissemination of this Information will be penallzed. 

Page 2 of 2 Office of Inspector General - Investigations 

U.S. Department of Transportation 
United States Department of Transportation- Office of Inspector General 

Case Number: 

112A0050401 

Date of Activity: 

09/13/2012 

Subject of Activity: 

FRIDAY, ERIC 

Memorandum of Activity 

Reporting Office: 

JRI-4 Miami 

Date Report Drafted: 

09/13/2012 

Activity Conducted By (Name(s)): 

Glenda White 

Type of Activity: 

Document Receipt 

Location of Activity: 

US DOT/OIG JRI-4 Building 111, Yorktown Avenue 

Jacksonville FL 32212 

Signature: 

GW 

On September 13, 2012, Special Agent (SA) Glenda L. White, United States Department ofTransportation (US DOT), 

Office of Inspector General (OIG), Jacksonville, FL, received a voice mail from Tyler Pennywitt's attorney, Eric Friday, 

Fletcher & Phillips, Jacksonville, FL. In the voice mail, Friday requested SA White provide him her email address, so Friday 

could forward SA White a letter he previously submitted to the Federal Aviation Administration (FAA) regarding the laser 

incident on behalf of Pennywitt. 

On September 13, 2012, SA White returned Friday's call. SA White advised she received a voice mail from Friday 

requesting her email address. Friday advised he wanted to forward SA White the letter he sent to the FAA on Pennywitt's 

behalf regarding the FAA administrative investigation. Friday also advised, if the USAO decided to pursue this matter, 

Pennywitt would be willing to turn himself in to the court, and the USAO did not need to send United States Marshals out to 

arrest him. 

SA White provided Friday with her email address and advised she would provide the information to the USAO. A copy of 

the email Friday sent to SA White on September 13,2012, with the attached letter Friday wrote to the FAA dated July 6, 

2012, is attached (Attachment A). 

Identification: 

Name: Eric Friday 

Title: Attorney 

Agency: Fletcher & Phillips 

541 East Monroe Street, Suite 1 

Jacksonville, FL 32202-2838 

Phone: (904) 353-7733 

Reviewed By (Initials): M G Date: 09/18/2012 

This report is the property of the Office of Inspector General, and Is For Official Use Only. It contains sensitive law enforcement information, the use and 

dissemination of which is subject to the Privacy Act, 5 U.S.C. § 552a. This Information may not be copied or disseminated without the written permission of the OIG, 

which will be granted only In accordance with the Privacy Act and the Freedom of Information Act, 5 U.S.C. § 552. Any unauthorized or unofficial use or 

dissemination of this Information will be penalized. 

Page 1 of 1 Office of Inspector General - Investigations 

U.S. Department of Transportation 
White, Glenda L. 

From: 

Sent: 

To: 

Subject: 

Attachments: 

Ms. White, 

Eric J. Friday <efriday@ftetcherandphillips.com> 

Thursday, September 13,2012 12:36 PM 

White, Glenda L. 

Pennwitt, Tyler Laser device use case 

Resp to FAA letter. pdf 

Please find attached a copy of the response letter to the FAA in the above case, for your convenience. 

Also, I have discussed the situation with my client. Should the US Attorney decide to bring charges, Mr. Pennywitt is 

more than willing to turn himself in. 

Please feel free to contact me if you have any questions, or I can be of further assistance. 

ERIC J. FRIDAY 

FLETCHER & PHILLIPS 

541 E. MONROE ST. 

JACKSONVILLE FL 32202 

PH. 904.353.7733 

FX. 904.353.8255 

WWW .ERICFRIDA Y .COM 

EFRIDA Y@FLETCHERANDPHILLIPS.CDM 

This e-mail message is from a law firm and is intended solely for the use of the individual(s) or entity to whom it is addressed and may contain 

information that is privileged, confidential, and exempt from disdosure under applicable law. If you believe you received this e-mail in error, please 

notify the sender immediately, delete the e-mail from your computer and do. not copy or disclose it to anyone else. If you are not an existing client of 

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should maintain its' contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect 

confidentiality. 

MOA -Doc Receipt- Eric Friday 

Attachment A- Page 1 of 3 
Fletcher & Phillips 

Lyman T Fletcher Board Certified Marital and Family law 

American Academy of Matrimonial Lawyers 

Florida Family Law Inn of Court. Master 

Via Facsimile and US Mail 

Mr. Joseph W. Gramzinski 

Counselors and Attorneys at Law 

Er1c J Fr1day Member Florida Bar 

Member Alabama Bar 

Florida Family Law Inn of Court, Associate 

July 6, 2012 

U.S. Department of Transportation- FAA 

Orlando FSD0-15 

Citadel International, STE 500 

5950 Hazeltine National Drive 

Orlando, FL 32822-5023. 

Fax:407-812-7710 

RE: File No: 201280150128 

Dear Mr. Gramzinski: 

Michael R Phillips Member Florida Bar 

Emphasis in Family Law 

Florida Family Law Inn of Court, Barrister 

I have the privilege of representing Mr. Tyler Pennywitt regarding the incident you are 

investigating. 

The incident in question occurred while Mr. Pennywitt was in his backyard at 4483 

Hanover Park Dr. in Jacksonville Florida with his toddler son. As a check of Google 

Maps will show, this address is not immediately adjacent to any airfield. Direct 

overflights of Mr. Pennywitt's yard are not as routine an occurrence as they might be in 

other neighborhood that are on a direct approach or departure path to an airfield. 

Consequently, Mr. Pennywitt was not anticipating overflight by any aircraft during the 

use of his laser pointing device in a completely lawful manner. 

Mr. Pennywitt was engaged in stargazing with his young son and was utilizing a green 

laser pointer to point out stars to his young son. While using his laser pointer he 

inadvertently shined the laser in the direction of the helicopter. He did so with no 

knowledge that the laser could either reach that far, nor did he realize that the 

intentional pointing of a laser pointing device at an aircraft in flight was illegal or could 

cause any harm to the aircraft or the flight crew. 

Mr. Pennywitt is an educated person with an accounting degree, and has a family with 

young children. Despite his education however, he was completely ignorant of the risks 

or the law regarding his conduct. While ignorance of the law is no excuse, this law is 

not one the common person is aware of and does not prohibit conduct that is clearly 

541 East Monroe Street, Ste 1 

Jacksonville, FL 32202-2838 lam ilylaw@ Fl etchera nd Phillips. com 

MOA - Doc Receipt - Eric Friday 

Attachment A- Page 2 of 3 

phone: 904-353-7733 

fax: 904-353-8255 
harmful to the average person. Only persons who have encountered this issue or those 

with a specialized knowledge regarding aviation issues would have any reason to be 

aware of this law. 

I have purchased an exact duplicate of the device Mr. Pennywitt was using from 

RadioS hack. A thorough review of the packaging and instructions contain numerous 

warnings, but not one mentions the law regarding aircraft or in any way hints at the risk 

or dangers of pointing the device at an aircraft. It seems this is an issue the FAA may 

want to consider in its administrative rule making to require the addition of such a 

warning in the instructions of all laser devices sold in the US. 

This incident shows the need for an aggressive public awareness campaign regarding 

this issue, not a need for punishment of Mr. Pennywitt that would only harm his young 

family. Mr. Pennywitt has already drafted a letter of apology to the pilot of the aircraft, 

which I am including with this letter. It is my hope that the FAA will realize the need for 

further education of the public, over punishment of Mr. Pennywitt. Mr. Pennywitt stands 

ready and willing to assist in any way he can to make the public aware of the dangers of 

carelessly shined laser pointers and the possible penalties. 

If I can be of further assistance or provide any additional information please do not 

hesitate to contact me. 

541 East Monroe Street, Ste 1 

Jacksonville, FL 32202-2838 

Sincerely, 

Eric J. Friday 

lam ilylaw@ Fletchera nd Phillips .com 

MOA -Doc Receipt- Eric Friday 

Attachment A - Page 3 of 3 

phone: 904-353-7733 

fax: 904-353-8255