Convicted Crop Duster Shooter’s Appeal Shot Down
Last week the Iowa Court of Appeals declined to overturn the conviction of an Iowan sentenced to five years in prison for shooting at an ag plane in Palo Alto County, Iowa. John Metzger, 56, was found guilty of “going armed with intent” in March 2016. The shooting incident occurred July 31, 2015. An ag pilot was spraying a field in Fairfield Township, Iowa, when a bullet hit the right wing flap of the plane. The pilot was not injured and was able to land the plane safely.
Metzger had a long-running beef with an aerial application operation based in his hometown of Whittemore, Iowa. Per the Appeals Court’s case document, for at least 12 years, Metzger claimed he felt harassed by planes from Steier Ag Aviation Service flying so low over his farm that they would “shake the house.” Around 2005 or 2006, Metzger telephoned Elmer Steier, the company’s founder, to complain an ag plane had flown too close to Metzger’s buildings. Steier recalled Metzger saying he was so upset that if an airplane flew close to his building site, he would “shoot them down.” Steier took Metzger’s threat seriously and told his pilots to steer clear of Metzger’s property.
Continuing from the court document:
But Metzger’s aggravation returned bright and early on July 31, 2015. He awoke at 6:40 that morning when [he claimed] his “house start[ed] shaking.” He ran out his front door while still wearing his bed clothes, looked up, and “saw the plane.” He recalls leaving his house at 7:10 a.m. and driving to the Steier’s airfield. Metzger testified he was “hoping to see what plane it was and write down the numbers” but he “couldn’t make out the numbers” because he “was too far away” and “didn’t have binoculars.” ...The authorities focused their investigation on Metzger because of his prior threat against the aerial applicator. Metzger admitted to parking and watching the ag pilot for “quite a while,” but he denied shooting at Frideres’s plane.
Meanwhile, pilot Derrick Frideres started his shift at Steier Ag Aviation just before 7:00 that morning. His job was to apply insecticide to kill aphids in customers’ fields by flying a yellow and white Cessna Model 188 aerial spray plane.... Just before 8:30 a.m., Frideres saw a “pewter or tan car sitting at the intersection by the east end of the runway.” The pilot thought it was “odd” to see the car parked in that location....
The pilot saw the driver looking up through the windshield before the car finally moved about one-quarter mile, pulling into a “field drive.” At that point, Frideres returned to his work and lost sight of car. A few minutes later, Frideres was “coming up over the trees” at the end of the field when he heard a loud “metallic pop.” The pilot thought something hit the plane. After hearing the popping noise, Frideres saw the tan car driving down the road. He then finished spraying the field and landed the Cessna.
After landing at Steier’s airfield, Frideres met with the company’s current owner, Dennis Meyer. The pilot said: “Denny, I think somebody shot my plane.” Meyer and Frideres located a hole in the right wing flap. Meyer testified the damage was “awfully close to the fuel cell on the airplane and would have been awfully close to the cabin where the pilot was sitting.”
Metzger told investigators he transported his .22 caliber Marlin rifle and 12-gauge shotgun in the backseat of his car on occasion to shoot at skunks. Asked why he was at the field watching the pilot at all, Metzger replied to an FBI agent: “Because this has been going on for 12 years.… That’s why I was following him around, to see if he was gonna do that again.”
Investigators seized the Marlin rifle and three other long guns from the closet of Metzger’s house while executing a search warrant. The state charged Metzger with four felony counts: terrorism, intimidation with a dangerous weapon, stalking with a dangerous weapon, and going armed with intent. Metzger was acquitted of the first three counts in district court, leaving only the charge of “going armed with intent,” a class “D” felony, for the jury to decide. Upon the jury’s guilty verdict, Meltzer was sentenced to five years in prison and fined $750.
Metzger contended in his appeal that the State’s proof was insufficient to convict him, alleging the State relied on nothing more than “suspicion, speculation and conjecture.”
The Iowa Court of Appeals disagreed. In declining to “disturb the jury’s verdict,” the Court of Appeals stated: “When taken as a whole, the circumstantial evidence, viewed in the light most favorable to the State, was sufficient to prove beyond a reasonable doubt that Metzger committed the offense of going armed with intent.”
NAAA Endorses Legislation Providing Local Authority of Drone Use and Technological Safeguards
NAAA, in a letter to Sen. Dianne Feinstein (D-CA) last week, supported legislative efforts to provide local governments authority over drone use, as well as legislation requiring technological safeguards for drones.
Feinstein is the author of “The Drone Federalism Act of 2017” (S.1272), which was introduced last month. S.1272 would create a process by which the federal government would work with state and local governments to manage the use of both recreational and commercial drones and issue reasonable restrictions on the time, manner and place of operation of a civil unmanned aircraft system that is operated below 200 feet above ground level or within 200 feet of a structure. The bill defines “reasonable restrictions” to include: limits on speed; prohibitions on flight near any public or private property; restrictions on operations during certain times of day or week, or special occasions; and other “prohibitions that protect public safety, personal privacy, or property rights, or that manage land use or restrict noise pollution.”
A week before the bill was introduced, a federal appeals court ruled that the FAA lacks the authority to regulate drone use by hobbyists. The court ruling means that hobbyists no longer have to register their drones in a national database. The FAA previously required registration before the court ruling.
According to the FAA, around four million drones are expected to be in use by 2020. The FAA has already registered more than 750,000 drone operators and 200,000 manned aircraft operators in the United States. Andrew Moore, NAAA’s executive director, wrote in the letter to Sen. Feinstein that: “Allowing state, local and tribal governments the authority to enact reasonable restrictions on UAS, overseen by the Federal Aviation Administration (FAA), per S. 1272, is needed. The FAA will not be able to enforce UAS operations on its own. The industry is growing too fast for this to be possible.”
The National Governors Association and the National Association of State Aviation Officials also supports the legislation. U.S. Senators Tom Cotton (R-AR), Mike Lee (R-UT) and Richard Blumenthal (D-CT) are co-sponsors.
NAAA also is supportive of draft legislation that is being considered for introduction by Sen. Feinstein that would allow the FAA to ensure drones are equipped with geographic data sources that convey flight restrictions, collision avoidance systems, airspace restriction systems and systems that establish drone conspicuity (lights, markings). It would also require that both commercial and recreational drones comply, fixing a dangerous loophole that exists in federal aviation statutes exempting recreational drones from certain safety measures.
The Senate Commerce, Science and Transportation Committee, Subcommittee on Aviation is planning to release a draft FAA reauthorization bill this month. The current authorization is set to expire Sept. 30. NAAA will continue to brief members on these issues as the legislative process progresses.
Frank Taylor Hired as NAAA GR/PR Coordinator
Attention, Low-Time Ag Pilots! NAAA Ag Aviation Expo Sessions Geared Toward You
If you’re an ag pilot with low time or you’re interested in becoming an ag pilot, attend the NAAA Ag Aviation Expo Dec. 4–7 in Savannah, Ga., for professional growth opportunities and to network and meet other pilots, operators and allied companies. Two educational programs have been designed specifically for you. You are the future of the aerial application industry and an important piece to sustaining the industry. Attend these sessions to ask questions, network and learn from established operators and pilots. Please note that the sessions below are for new or low-time ag pilots, not those with 5+ years of experience.
Compaass Rose Sessions
You asked and we listened! We’ve brought back two Compaass Rose sessions for this year’s NAAA Ag Aviation Expo on Sunday, Dec. 3, from 4:45 to 6:15 p.m. and Wednesday, Dec. 6, from 4 to 5:30 p.m. (immediately following the close of the NAAA Trade Show). Be sure to attend Compaass Rose to experience the improved session format being introduced this year! These sessions are designed to provide professional support and direction for prospective, new and low-time agricultural pilots who want to learn more about the industry. If you want to know more about agricultural aviation and how it relates to production agriculture; if you want to know more about GPS and precision agriculture, the Compaass Rose session is the place to be.
The goal of these sessions are to enhance your knowledge, continue to gain agricultural aviation experience and improve your individual professionalism. Attendees have an opportunity to discuss ideas and philosophies about the business, make informed decisions about their future and interact with some of the industry’s top operators.
‘Ask the Expert’ Speed Mentoring Session
Attend the “Ask the Expert” Speed Mentoring Session on Thursday, Dec. 7, from 2:45 to 4:15 p.m. The “Ask the Expert” Speed Mentoring Session is for pilots who have been in the industry less than five years. This session is a series of 15-minute speed mentoring rounds with experienced operators and pilots, insurance representatives and ag schools. Attend this session to get your questions answered and make connections with industry experts. Please note there is only one “Ask the Expert” Speed Mentoring Session this year.Other Sessions and Events of Interest
A variety of educational sessions will take place throughout the week. These sessions are opportunities to become more familiar with specific areas of interest about the industry, such as UAVs, airframes, engines, crop protection products, federal aviation regulations, helicopters and more.And don’t forget all the networking opportunities, including the Kickoff Breakfast, Welcome Reception, Pratt & Whitney Reception, on the NAAA Trade Show floor, at the Auction Reception, Farewell Reception and Excellence in Ag Aviation Banquet.
Book Your Hotel Room
All 2017 NAAA Ag Aviation Expo housing is coordinated through the Savannah Area Convention & Visitors Bureau housing office. Please do not call the hotels directly; use the link and/or phone number below to book your room.
Rooms are available at the Westin Savannah Harbor (directly next to the convention center), Hyatt Regency Savannah and Savannah Marriott Riverfront hotels (across the river from the convention center and Westin—transportation provided).
Book your room today by clicking here or calling the housing bureau at (912) 644-6465. Please note that reservations are taken Monday–Friday, 9 a.m.–5 p.m. If you cannot call during those hours, please book your room online here.
PLEASE NOTE THE CANCELLATION POLICY FOR THE WESTIN FOR 2017. For each reservation canceled after Nov. 1, a non-refundable one night room and tax will be charged to the credit card on file. Guests who check out early (prior to the reserved checkout date) will be assessed one full night’s room charge, plus applicable taxes. This was put in place in 2015 due to many people cancelling rooms at the Westin a few days before the convention, leaving dozens of rooms unfilled at that hotel.