U.S. Department of Transportation Federal Aviation Administration ·

AUG -6 2012 Western-Pacific**.~e~i<?n ~**  Office of the**RegiHmaMt~uhs}31** P.O. Box 92007 

## 1: lj...ijs Angeles, CA 90009-2007 Telephone: (310) 725-7138 Facsimile: (310) 725-6816
VIA FACSIMILE AND CERTIFIED MAIL -RETURN RECEIPT REQUESTED Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Wilbur Wright Building- Suite 2Wl000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Facsimile: (202) 493-5142 Dear Sir or Madam: 

# RECEIVED AUG 

## 1 32012 

# HEARING DOCKET fAA /)..D**l~ ~A** 

### vJR ··**~r<J-1 ~ogG**  Re: In the Matter ofStephen Gunner Gama, FAA Case No. 2012WP250023 Enclosed is a copy ofa request for hearing dated July 16, 2012, and the original and one copy ofthe Complaint in the above-referenced proceeding. I request that the hearing in this matter be held in the Sacramento, California area, and expect that the hearing will last one 

### (1) day. Please address all communications for the Regional Counsel ofthe Western-Pacific Region, to the undersigned, at: Office ofthe Regional Counsel, AWP-7.11, Federal Aviation Administration, Western-Pacific Region, P. 

### 0. Box 92007; Los Angeles, CA 90009-2007, Telephone: (310) 725-7138, FAX: (310) 725-6816. Sincerely, NAOMI TSUDA Regional Counsel

# By:h(~ . i dsay M. N amura Attorney Enclosures: Request for Hearing; Complaint; Certificate ofService NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT TO SECTION 13.208(D) OR SECTION 13.218(F)(l-4) OF THE RULES OF PRACTICE.

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

# RECEIVED AUG 1

## 32012 

# HEARING DOCKET
In the Matter ofStephen Gunner Gama: FAA DOCKET UNASSIGNED Respondent. FAA CASE NO. 2012WP250023

JUDGE NOT ASSIGNED COMPLAINT The Complainant files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 

### Respondent, Stephen Gunner Gama, was advised through a Final Notice ofProposed Civil Penalty, dated July 5, 2012, that the Federal Aviation Administration (FAA) proposed to assess a civil penalty in the amount of$7,700.00. On July 16,2012, Respondent submitted a written request for a hearing. II. 

### 1. On or about February 25, 2012, at approximately 0237 hours local time, Respondent aimed a beam oflight from a laser pointer at an aircraft that was flying in the vicinity ofLinda/Olivehurst, California. 2. The aircraft was a California Highway Patrol helicopter. 3. The beam oflight illuminated the cockpit ofthe helicopter. 4. The beam oflight interfered with a crewrnember's performance ofhis duties aboard that helicopter. To wit, the pilot diverted the aircraft from assisting the Yuba County Sheriffs Department in a search.

### 2 III. 

### By reason ofthe foregoing circumstances, Respondent violated section 91.11 ofthe Federal Aviation Regulations (Title 14, Code of Federal Regulations), which states that no person may interfere with a crewmember in the performance of the crewmember's duties aboard an·aircraft·being operated;

IV. 1. Pursuant to Title 49 U.S.C. Section 46301(a)(5)(A), Respondent is subject to

a civil penalty not to exceed $11,000.00 for each ofthe violations alleged. 2. Under the facts and circumstances ofthis case, a civil penalty of$7,700.00 is appropriate. WHEREFORE, the Complainant, respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the amount of$7,700.00.

Respectfully submitted,

DATED: AUG -6 2012' 

# I I '

### ~-I "1 i Q IN 

# w - >**~** 

# -**~** 

## w - () _J 

# w :::::> 

### a:: -;, 

# --------------------·· RECEIVED 

## JAN 1i 

## 2#1:2 ·t

.

### . l (Failing to obey 

### all laws based on present matter) 

### 2 probation based on present plea; sentencing scheduled for 07/09/12 DEFENDANT'S STATEMENT:

., 

### 3 4

## .~ STEPHEN GUNNER GAMA was interviewed

# at the Yuba Probation Department on May 31,2012. · The following is a summary ofhis statements: 

### 5 6 The probation officerquestioned GAMA regarding the presentoffense. GAMA purchasedthelasers the prior week. He had utilized them in the night sky numerous times. The night ofthe offense, he was 

### 7 8 outside tracing the stars in the night sky. He did not hear an airplane in the sky nor did he notice one until it 9 

### flew through the laser beam; GAMA

## maintain~..!:oo· 

### e 

### did nothing wrong, the plane flew into his laser beam. GAMA continued to trace the starpatterns in

## th~¥ . .

## ~- e lane turned around and flew through hisbeam lO 

### 11 again. ·

### GAMA advised he was 

### a paratrooper 

### in the

# rih a

## ~uld not intentionally attempt to shine a 12 13 14 

### 15 

### 16 17 beam on an aircraft. GAMA expressed a willingness to comply with the conditions ofprobation. GAMA requested a grant of probation and asked to have the felony conviction reduced to a

. . 

### misdemeanor. VICTIM INFORMATION: On July2, 2012, the probation officercontacted Califomia Highway Patrol Air Operations Divisim1 regarding the present offense advising the officers oftheirrights pursuant to Penal Code Sections 1191.1 and 18 

### 1191.3. Officers Kevin L. 

### and Andres F. was not availablefor a statement. CommanderMarkNalley advised 19 the probation officer his officers suffered no collateral injuries from the encounter with the defendant's laser 20 light. The aircraft suffered no damage. 21 22 SOCIAL HISTORY: 

### 23 The following information pertaining to Personal/Family, Education, and Military History was provided 

### by the defendant and is not verified unless so indicated. 24 

### 25 Personal/Family: 

### 26 STEPHEN GUNNER GAMA was born on November 2, 1961, to Emestine (Nee: Castro) and 27 Marieno Gruna in Colusa) California. MaTieno died in 1967, and Emestine never remarried. GAMA has no 

### siblings. 

## 28 GAMA, STEPHEN GUNNERIn 1982, GAMA married Senta Dorfler

### while serving

### in the anned forces in Germany. GAMA and 2 Senta divorced later that same year. GAMA and Senta had no children. 3 In 1989, GAMA married Sharon Terrell inReno, Nevada. GAMA and Sharon have four children,**~** 

### 4 Jessica, age 28, resides 

### in Chico; Steven 

### Jr., age 

### 22, Joel,.age 

### 21 and Brandon, age 

### 17, all reside with their 5. motherin Marysville. GAMA and Sharon terminated their marriage in 1995. 

### 6 OnJuly23,2010, GAMA married BrendaDamron inMarysville. GAMAhas been inarelationship 7 with Brenda for the past nine years. GAMA and Brenda do not have any children from their relationship. 

### 8 Residence: 9 STEPHENGUNNERGAMAresides at 1958 Country Club Comt#A, Marysville. 

### In 2011, GAMA

### ~ I0 relocated to 

### his present residence after a fire at

### h~~~e of45 years at 12574 Scott Grant Road, Loma

### ~~~ 11 Rica.

### ~

# JP> 12 Education: 13 STEPHEN GUNNER GAMA graduatedfrom Marysville High School in 1979. GAMA continued 14 his education while in the militruy and earned his Electronic/Communications Certificate. 15 Employment/Income: 16 STEPHEN GUNNER GAMAhasbeen disabled since 1983 andreceivingVeterans Affairspension

. " 17 due to a parachute accident while inthe armed forces 

### inGermany. GAMA receives $2,285.00 monthly. 18 Military: 19 ·STEPHEN GUNNER GAMA was inducted in the United States Army in 1979. His final rank was 20 E3 (Private FirstClass) when he was injured in a training exercise. GAMA received a medical discharge in 

### 21 1983. 22 Medical/Psychological: 23 STEPHEN GUNNERGAMAreports his health to bepoor. Dueto injuries received in Germany and 24 being a victim ofan assault in 1999. GAMA receives treatment through the Veterans Affairs and Feather 25 River Tribal Health, Inc. in Yuba City. GAMA advised he was prescribed many medications for the head 

### 26 traumahe received in the army and assault. GAMAfailed to provide a list ofmedications. GAMA provided 27 proofofa valid medicinal marijuana recommendation. 28 GAMAreports hispsychologicalhealthis poor. He suffers from PostTraumatic Stress Disorder and GAMA, STEPHEN GUNNER

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3 CERTIFICATE OF SERVICE

I hereby certify that on this date I have sent by facsimile, one copy, and placed in the United States mail, postage prepaid, certified mail -returnreceipt requested, the executed original and one copy ofthe Complaint, addressed as follows: Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Wilbur Wright Building

- Suite 2WI000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Facsimile: (202) 493-5142

I further certify that on this date I have placed in the United States mail, postage prepaid, certified mail -returnreceipt requested, and regular First Class Mail, a true copy of the Complaint, addressed as follows:

Dated: Stephen Gunner Gama 1958 Country Club Ct., Apt. A Marysville, CA 95901

AUG 

## -s 2012

# "7~_£~

# Jeff~, Legal

# ~c~ Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Lawndale, California

cc: SAC FSDO/ AWP-240