Attorney expects new federal charges against Busan pilot

The suspended Bay Area pilot of the Cosco Busan, which struck a San Francisco bridge in November and disgorged diesel fuel that fouled numerous beaches and killed thousands of birds, is expected to be charged with two felony federal charges of making false statements, according to filings made by his attorney Monday.

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. 

Source: Transportweekly