Pilot who tried shutting engines off mid-flight indicted on lesser charges
Photo of Joseph Emerson from X (formerly Twitter)The pilot accused of attempting to shut off a plane's engines mid-flight is no longer facing charges of attempted murder. Pilot Joseph Emerson was going through a mental health crisis, going more than 40 hours without sleep and taking psychedelic mushrooms to cope with the grief of a close friend's death. The incident drew attention to the state of mental health in aviation and the outdated perception and policy in place. Jurors have opted to indict Emerson with lower misdemeanor charges rather than 83 felony counts of attempted murder.RELATED STORY:A look at flight deck security after pilot arrested for shut-down threat
Off-duty pilot Emerson was riding in the cockpit jumpseat on Alaska Airlines Flight 2059 in an Embraer 175 on Oct. 22 with 83 other passengers and crewmembers, taking off from Everett, Washington and heading to San Francisco. During the flight, Emerson removed his headphones and said, "I'm not OK," before attempting to disrupt engine operation by engaging the engine fire handle, or the fire suppression system. The crew quickly subdued him and reset the T-handles to ensure engine power was not lost. Flight attendants placed Emerson in restraints and brought him to the back of the aircraft, where he attempted to open the emergency door as the plane made its descent. He was said to be acting erratically or confused with his reality.
According to court documents, Emerson admitted he believed he was in a dream and wanted to wake up. Emerson had struggled with depression for nearly six years and was returning from a gathering to honor a close friend who died suddenly five and a half years prior where he had consumed psychedelic mushrooms for the first time, approximately 48 hours before the incident. According to the court documents, Emerson told a flight attendant he had lost his best friend and asked when the nightmare would end.
After landing, Emerson was booked by the Multnomah County Sherrif's Office and charged with 83 felony counts of attempted murder, 83 misdemeanor counts of reckless endangerment and one felony count of endangering an aircraft. In a November interview with The New York Times, Emerson said he never meant to hurt anyone and had been struggling to discern reality after his mushroom trip. He pleaded not guilty to the 83 counts of attempted murder and one count of endangering an aircraft. Emerson was also charged in federal court with one count of interfering with flight crew members and attendants.
After the incident became public news, the state of mental health in aviation drew scrutiny. The outdated regulations and the growing crisis have led to responses from the FAA and NTSB over the need for change. Emerson, who was going through a mental health crisis, has become an example of the intense stress and pressure that can impact anyone, including pilots in high-stress job environments. Pilots have spoken out for years over the strict rules and lack of support, preventing many from coming forward and seeking help.
Emerson admitted to suffering from psychological problems for years, notably surrounding the death of his close friend, but he did not seek help. His wife, Sarah Stretch, told Oregon Public Broadcasting that his depression and irritability worsened every year around the anniversary of his friend's death. She pushed him to talk to someone or take medication, but Emerson told her he could not afford to.
"I had brought up during that, I was like, ‘Maybe you should talk to somebody,'" Stretch said to OPB. "And then he expressed to me, ‘Sarah, I can't be out of work. We have to pay a mortgage. If I go do that, I have to go through all these other hoops …and we can't afford to do that.'"
A 2022 study done at the University of North Dakota found that 56.1 percent (out of 3,765 surveyed pilots) reported a history of healthcare avoidance out of fear of losing their license. The study also found that 45.7 percent sought informal medical care and 26.8 percent withheld or altered information on a written healthcare questionnaire out of fear of losing their license. A study by Bio Med Central found that 12.6 percent of airline pilots were meeting the depression threshold and 4.1 percent reported having suicidal thoughts. Many pilots would not seek help for mental health struggles out of fear of losing their license or waiting months or even years to fly again, losing out financially and possibly losing out on something they genuinely enjoy doing.Emerson, who initially faced attempted murder charges, is now facing lesser charges with 83 misdemeanor counts of reckless endangerment and one felony charge of endangering an aircraft, with no added 83 felony counts of attempted murder.
"The attempted murder charges were never appropriate in this case because Captain Emerson never intended to hurt another person or put anyone at risk — he just wanted to return home to his wife and children," Emerson's defense team said in a statement to OPB. "Simply put: Captain Emerson thought he was in a dream; his actions were taken in a single-minded effort to wake up from that dream and return home to his family."
Emerson's next assignment would have been on Oct. 26. After the incident, he was removed from service indefinitely and relieved of all duties at Alaska Airlines. The Alaska Airlines statement noted that the U.S. Department of Transportation requires mandatory drug testing for on-duty crew members and the airline has a zero-tolerance policy for substance abuse. According to CBS News, the FAA also confirmed that the use of psychotropic drugs is disqualifying for aeromedical certification purposes. This includes sedatives, tranquilizers, antipsychotic drugs, antidepressant drugs, analeptics, anxiolytics and hallucinogens.
Following the incident, the FAA established a Pilot Mental Health Aviation Rulemaking Committee to provide recommendations to tear down barriers preventing pilots from coming forward and reporting mental health issues.
"Mental health care has made great strides in recent years, and we want to make sure the FAA is considering those advances when we evaluate the health of pilots," FAA Administrator Mike Whitaker said.RELATED STORIES:NTSB chair to host mental health summit, shares safety concerns over current systemFAA forms rulemaking committee to examine pilot mental healthMental health in aviation - how the FAA is changing views on mental illness
All medical and mental conditions are required to be reported to an aviation medical examiner. To receive a second-class airman medical certificate, a pilot cannot have a history or diagnosis of a severe personality disorder, psychosis, bipolar disorder or substance dependence/abuse. Some common symptoms may hinder a person from getting a license like delusions, hallucinations, disorganized behavior or impaired judgment. Recent efforts have expanded the number of approved medications, including SSRIs like Zoloft, Prozac and Lexapro. The FAA has increased mental health training for medical examiners, supported research and clinical studies, hired additional mental health professionals and changed policy to decrease the frequency of cognitive testing for pilots on medications.
NTSB Chair Jennifer Homendy is hosting a roundtable discussion on mental health in aviation on Dec. 6 to examine the consequences of the current system and evaluate mental fitness in aviation and how to better support those in need.
"Everyone should feel safe speaking up, getting the mental health care they need, regardless of their profession," Homendy said. "Aviation should be no different, and yet it is different. Current federal rules incentivize people to either lie about their needs or avoid seeking help in the first place — and that's not safe for anyone."
As societal perception of mental health changes, the industry is working to modernize its approach while maintaining a safe airspace. Emerson's ordeal shed light on the ramifications of an industry that is not supporting the mental well-being of its members. The FAA and NTSB, two agencies committed to the safety of the national airspace, have moved forward to change perceptions and initiate industry-wide reform. Homendy shared her concerns over the consequences of a system that silences those struggling and referenced the Emerson incident.
"I want to switch gears for a moment and address mental health in the aviation industry," Homendy said. "I know you've all heard about the Alaska Airlines and Delta incidents. The NTSB is NOT investigating those incidents, nor am I commenting on them. My general observation is that news stories spread like wildfire when they're about someone experiencing severe mental health distress on an airplane. These are the most extreme examples. The fact is one in five U.S. adults lives with a mental illness, and over half of adults with a mental illness don't receive treatment, totaling over 28 million individuals. Most of these illnesses are not severe."
According to The New York Times, Emerson's lawyers expect him to be released and return home to his family soon. They reportedly were disappointed with the charges the grand jury has decided to pursue, but look forward to bringing forward the facts and circumstances of the case to a trial jury. For years pilots have tried to speak out about the strict federal rules surrounding mental issues and medication use in the industry. With this highly publicized case, the industry seems to be implementing real change and working to find ways to maintain a gold standard of safety in aviation while giving help to those who need it, without ending their careers.
"It's somewhat of an open secret that current rules incentivize people to either lie about their medical history when it comes to mental health OR avoid seeking help in the first place," Homendy said. "I am frankly concerned about the safety consequences of a system that unintentionally shames and silences people who are struggling. Regardless of their profession, people MUST feel safe getting the help they need WHEN they need it. And leaders like us need to talk about it, get comfortable being uncomfortable, to help provide a safe space for others to get treatment."