The new charges against Capt. John Cota, if filed, would be in addition to two federal misdemeanor violations of federal clean water and bird protection laws filed against the pilot last month by the U.S. Justice Department.
Cota's lawyer, Jeff Bornstein, told the court that the possible charges stem from Cota's failure to disclose prescription drug use to U.S. Coast Guard officials.
A National Transportation Safety Board hearing last week heard testimony from federal investigators that Cota was prescribed numerous drugs that could have impaired his judgment while on the job.
NTSB board members heard from a Coast Guard and Federal Aviation Administration medical evaluation doctor that Cota was taking the antidepressant Wellbutrin, the anti-anxiety drug Lorazepam, the antidrowsiness drug Provigil, as well as medication for migraines and glaucoma. Cota, according to the medical report, also suffers from sleep apnea, a condition that prevents deep sleep and can lead to drowsiness.
The doctor told the NTSB that the FAA would not allow its pilots to take Lorazepam because it can effect them for as long as 12 hours after it has been ingested.
Cota pleaded not guilty on March 21 to the two misdemeanor charges for which he could face up to 18 months in prison and $115,000 in fines.
The new felony charges could bring a combined 10 years in prison and $500,000 in fines.
The Coast Guard Investigative Service, the EPA Criminal Investigation Division, the Federal Bureau of Investigation, the U.S. Fish and Wildlife Service and the California Department of Fish and Game, Office of Spill Prevention and Response continue with an ongoing investigation into the accident.
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The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now