Joseph Lepore and Jan Paladino, the pilot and copilot of the ExcelAire Legacy 600 involved in a midair with a Boeing 737 operated by Brazil’s Gol on September 29, returned to New York on December 9. Brazilian authorities confiscated their passports after the accident. The two pilots were allowed to leave Brazil only after their attorney in Brazil successfully filed for habeas corpus. The pilots signed documents promising that they will return to Brazil if necessary as part of the ongoing investigation.
Brazil’s Federal Police charged the two pilots with endangering air safety. At press time no one else had been indicted, but local media sources reported that federal prosecutors are considering charging at least two air traffic controllers in the case.
Even if the two pilots are found guilty of a crime, it is unlikely that they will face jail time. While the sentence for endangering air safety carries a prison sentence of two to six years, sentences in similar cases have been converted into community service. Furthermore, given agreements between the U.S. and Brazil, the pilots would be allowed to serve their sentences in the U.S.
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