PORTLAND, Ore. — An ex-Alaska Airlines pilot accused of trying to cut the engines of a passenger flight while off-duty and riding in an extra seat in the cockpit was released from jail pending trial on Thursday after an Oregon judge granted him conditional release.
Multnomah County Circuit Court Judge Thomas Ryan made the decision as Joseph Emerson pleaded not guilty to reduced charges of reckless endangerment; he previously faced attempted murder charges.
Emerson, of Pleasant Hill, California, has also pleaded not guilty to a federal charge of interfering with a flight crew, and the judge in that case also agreed that he could be released pending trial.
The release conditions agreed to by defense attorneys and prosecutors in the state case include that Emerson post a $50,000 bond, undergo mental health services, stay away from drugs and alcohol, submit to testing for intoxicants as requested by supervisory authority, not come within 30 feet (9 meters) of an operable aircraft, reside in his home county, and abide by all conditions of his federal pre-trial release.
Emerson’s wife, Sarah Stretch, said she was happy her husband was coming home. Speaking to reporters through tears after the arraignment, she also said she was glad that the case has raised awareness of the issue of pilot mental health.
"I'm saddened that this situation had to happen to my husband and to the people it affected. But I know that this has created a movement and momentum to help thousands of other pilots," she said.
Defense attorney Noah Horst said Emerson did not fully possess his mental faculties when he was on the Horizon Air flight and did not consciously choose to put people at risk.
"Is he criminally responsible? No. Does he need help? Yes," he told reporters. "Does Mr. Emerson deserve to be home today with his family and surrounded by his friends? Yes, he does."
After Wednesday's hearing in federal court, Stretch told KGW her husband is "happy to be able to come home."
Emerson was released from jail late Thursday afternoon. Stretch, who was waiting for him outside, ran to him and wrapped him in a hug.
The conditions of Emerson's federal custody release are similar to those of the state case: he can't board an operable airplane, is forbidden from possessing psychedelic mushrooms and must undergo a mental health evaluation.
Emerson is accused of trying to cut the engines of a Horizon Air flight from Everett, Washington, to San Francisco on Oct. 22 while riding in the cockpit as an off-duty pilot. He was subdued by the flight crew and the plane was diverted to Portland, Oregon, where it landed safely with more than 80 people on board.
"It's a hard situation for a lot of people — not just for Joe, but for the people who were on the airplane, the pilots, for the flight attendants," Stretch said Wednesday.
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According to charging documents, Emerson told Port of Portland police following his arrest that he had been struggling with depression, that a friend had recently died and that he had taken psychedelic mushrooms about 48 hours before he attempted to cut the engines. He also said he had not slept in more than 40 hours, according to the document.
Emerson's defense argues that he didn't intent to hurt anyone. He'd been struggling with depression and took psychedelic mushrooms two days before the incident. They claim the off-duty pilot thought he was in a dream.
"He had this abnormal experience," said Ethan Levi, one of Emerson’s defense lawyers, on Wednesday. "Now he's perfectly normal, rational. He's happy. He's optimistic. It's all very good."
The indictment indicates the Multnomah County grand jury heard from 13 witnesses including the flight crew, Emerson and his wife. It’s highly unusual for a criminal defendant to testify before a grand jury.
The averted disaster renewed attention on cockpit safety and the mental fitness of those allowed in them.
KGW Investigative Reporter Kyle Iboshi contributed to this article.