YouTuber sentenced to 6 months in prison for obstructing probe into plane crash
justice.gov
justice.gov
Had he cooperated, it's plausible to see him getting away with a license revocation and fine. Instead he did this:
"In the weeks following the plane crash, Jacob lied to investigators that he did not know the wreckage’s location. In fact, on December 10, 2021, Jacob and a friend flew by helicopter to the wreckage site. There, Jacob used straps to secure the wreckage, which the helicopter lifted and carried to Rancho Sisquoc in Santa Barbara County, where it was loaded onto a trailer attached to Jacob’s pickup truck.
Jacob drove the wreckage to Lompoc City Airport and unloaded it in a hangar. He then cut up and destroyed the airplane wreckage and, over the course of a few days, deposited the detached parts of the wrecked airplane into trash bins at the airport and elsewhere, which was done with the intent to obstruct federal authorities from investigating the November 24 plane crash."
Reminder of the quotation from Howard Baker (R-TN): “It is almost always the cover-up rather than the event that causes trouble.”
Though some would disagree:
> There's this old line the wise folks in Washington have that 'it's not the crime, but the cover-up.'
> But only fools believe that. It's always about the crime. The whole point of the cover-up is that a full revelation of the underlying crime is not survivable. Let me repeat that, the whole point of the cover-up is a recognition that a full revelation of the underlying bad act is not survivable. Indeed, the cover-ups are usually successful. And that's why they're tried so often. Just look at this administration [in 2007]. They're the ultimate example of this truth.
* https://web.archive.org/web/20071026022311/https://talkingpo...
There are numerous counter-examples to this claim. In many cases, it's obvious because the cover-up is of a civil infraction.
Panic tends to bias towards action.
Just because there are only two possible outcomes doesn't mean that they are equiprobable. Not all coin tosses use a "fair" coin.
The percentages the comment you're responding to provides aren't probabilities, but damage fractions; 50% isn't a 50/50 likelihood, but 50% damage of the 100% case.
Fair coin flips have 50/50 odds. If we say that you get $100 if it comes up heads, and $0 if it comes up tails, then the expectation value for the money you'd have afterwards is $50=0.5*$100 + 0.5*$0. If it was an unfair coin with 30% odds of coming up heads, then your expectation value is $30= 0.3*$100 + 0.7*$0. And so on. The fact that the outcomes are dollars or damage percentages is irrelevant to the calculation.
* Successful cover up (0% damage).
* Failed cover up (100% damage).
* Don't bother (100% damage).
So if doing nothing and failing to cover up lead to the same result, you might as well give a shot at successfully covering up. Whatcha got to lose?
It is assumed not bothering is 100% damage because the screw up is apparently bad enough to warrant attempting a cover up.
In terms of risk analysis, rationally considering a coverup is in the same ballpark as rationally considering shorting a stock, in the sense that making the wrong call can cost a whole bunch more.
Did you mean "we don't know"?
The Dalai Lama literally pulled down a six figure paycheck from the CIA, for example. The government was, is, and will continue to spy on you.
The difference is that if something is successfully covered up for 10-20-30 years, by the time the public finds out about it nobody really cares.
Indeed, people go out of the frying pan and into the fire all the time.
I think the kernel of truth in the parent post is that the subjects might genuinely believe that the revelation of the original "crime" alone would be impossible to recover from, so they might as well go all in on trying to cover it up.
So, the "marginal cost" of additional penalties from a failed coverup just doesn't seem all that high given the potential upside of a successful coverup.
Murder? Check. Stealing a Snicker's bar? Probably just leave the evidence in place.
What is the threshold where you have to make the call? White-collar crimes feel the only place where you could make the argument that further action on the scene is likely to leave behind more evidence.
Nixon tapes, Iran Contra paper shredding, Enron paper shredding (we got Sarbanes Oxley out of that.) There are plenty of places where further action likely prevented far far worse things.
I think white collar crime is harder now, as evidenced by recent political scandals (fucking up your secure messaging app, bungling PDF's). I dont know of any one who has the technical acumen to fully cover their tracks.
Perhaps if the crash hadn't happened, the people/money on board could have ensured McCord (and the other plumbers) would have stayed quiet instead of telling Judge Sirica that it was a White House operation. Without some significant evidence of intent for the passengers, though, this is a pretty soft argument.
https://www.washingtonpost.com/history/2022/12/08/dorothy-hu...
> What’s clear, though, is the influence the crash had on the arc of the Watergate scandal. It was a crucial turning point. Howard Hunt, worried his children would be orphans if he spent years in prison, asked his lawyer to meet with Colson and request a pardon from Nixon after a year of incarceration if Hunt would plead guilty and avoid trial.
> Colson spoke with Nixon, as recorded in White House tapes. Nixon agreed to the clemency proposal.
> Four other Watergate defendants, Cuban Americans from Miami whom Howard Hunt had brought to the burglary operation, took this as a cue that they’d be pardoned, too, and also pleaded guilty.
She was found guilty of conspiracy to obstruct, of obstruction of an agency proceeding, and of making false statements.
When the coverup works, we don't hear about it.
And we will never know if it was worth it.
This nails it quite succinctly, IMO.
There are the following conditions:
1. individual determines correctly the crime is not survivable and does cover up that fails and you have both crime and cover up.
2. individual determines correctly the crime is not survivable and does cover up with succeeds in covering up crime sufficiently but then the individual gets damage from cover up, since there is a strong suspicion the cover up was of crime the cover up punishment is nearly as bad as crime.
... variations of above until
X1. individual determines incorrectly the crime is not survivable when it was, and does cover up and suffers more from cover up than they would from crime.
These things are of course also hampered by what one hopes for - if you think you will be damaged by crime but not as much by cover up if cover up fails you may still attempt cover up because successful cover up means no damage.
If he'd stuck to the story that he just had an engine mishap would they have been able to prove that it was intentional?
They'd almost certainly have revoked his license to ever fly again, but filming everything you're doing isn't illegal.
Nor is wearing a parachute because you know you're a crappy pilot that'll bail out at the first sign of trouble.
Sure, you're right that this plane was clearly violating a myriad of maintenance violations. But maintenance violations aren't going to get you thrown in jail. They might get your license taken away and would definitely yield some fines, but not thrown in jail.
I am assuming of course this is on a personal GA plane (like the youtuber was using to fly himself). Skipping maintenance and/or doing it himself would have gotten him a few relatively small fines. He probably wouldn't have lost his license and certainly wouldn't have been thrown in jail for these.
Of course the rules would change significantly if this was a charter plane like Part 135, then things are more serious. He would have lost his license then, and maybe gotten some jailtime. Skipping or fraudulent maintenance on a part 121 (scheduled commercial airlines like United or Delta) would certainly yield jailtime.
FAA doesn’t mess around with the maintenance regulations. If I remember correctly the A&P knowledge test requirement was to answer 99% of questions correctly, compared to something like 75% for a PPL (I might be way off but there was a large difference).
The FAA testing matrix seems to suggest all are 70% as of now[0]
[0] https://www.faa.gov/sites/faa.gov/files/2022-09/testing_matr...
IA: Inspection Authorized
A&P: Airframe & Powerplant
In a normal setting, probably not. General-aviation aircraft don't have flight recorders. Helpfully for the investigators, however, this numpty decked his plane out in cameras. And then posted the video online. After he'd executed the cover-up.
The engine didn't just stop producing power, that would leave typically the propeller spinning, windmilling in the air. (unless the engine seized, but he was faking fuel starvation)
He put a bunch of effort into making sure the propeller actually stopped spinning, I think he had to actually reduce speed; Just so that your average YouTube viewer could clearly see the engine had stopped.
Accidentally lean mixture (e.g., grab the wrong control). Set to use an empty fuel tank. Set the fuel valve to off or in between settings. With some preparation, destroy a spark plug or two, only enable those spark plugs in the air - extreme misfires will be obvious on video.
There are plenty of pilots who wear chutes (and there are special chutes which basically replace your seat) but he also had a fire extinguisher strapped to his leg which is not a normal occurrence.
1. Some other illicit activity was going on in or around that plane.
2. The pilot thought he could make the whole mess go away by erasing physical evidence of the crash; his reasoning might be along the lines of "no evidence, no feds".
I find both equally credible. I'm stumped.
I maintain it could go either way.
Isn't that what the black box is for?
You can probably do whatever you want with your private vehicle on your private land. But on public roads you need a license to operate, and you must operate the vehicle in certain prescribed ways.
Similarly you can probably do whatever you want with your private air vehicle while it sits on your private land, but when you are operating in public air space then you must operate in the ways prescribed by your pilot license.
Sort of.
Own plane, own land and a filed flight path should satisfy the FAA's requirements, though you may also need to take active measures to ensure your private land is clear of things that could be harmed. After that, there is the environmental component. Our influencer here not only inundated the crash site with leaded avgas, but likely also sprinkled it all the way to the hangar. Given the track record of decision making, I have no hope he disposed of the parts properly, either.
If he had a private air field/airport and "landed" (crashed) the plane on his air field, then that could be argued, but there's still the fact that he bailed out of the airplane and left it in an uncontrolled state, in which case there's probably some kind of 'reckless' charge that could be thrown at him.
You are probably underestimating how wast that area must be to do that.
Your instincts are correct:
> Jacob drove the wreckage to Lompoc City Airport and unloaded it in a hangar. He then cut up and destroyed the airplane wreckage and, over the course of a few days, deposited the detached parts of the wrecked airplane into trash bins at the airport and elsewhere
No. We do crash tests from time to time [1]. But at a minimum, you must control--not even just own--the terrain you're crashing into. (It's also not solely a Part 91/FAA matter. The EPA, for example, would also want to have a say.)
[1] https://en.wikipedia.org/wiki/2012_Boeing_727_crash_experime...
The site in Mexico was chosen because authorities in the United States would not allow the test to take place.
When you wrote "we", did you mean the United States?I have an intuitive sense of what you're pointing at with the Boeing 727 crash experiment, but how does the law phrase it?
"The power to govern, manage, direct, or oversee something" [1]. So if I own/possess acres of unfenced grasslands, I'd need to put up fences or people to monitor the property or at the very least crash site's borders.
If you want to crash a plane, you'd likely have to apply for/receive temporary flight restrictions over the area where you want to crash it so that ATC can ensure everyone else stays clear.
https://www.faa.gov/air_traffic/publications/atpubs/foa_html...
Correct. I was simply talking about control of the land underneath. Owning and controlling the land doesn't mean you have any rights to its airspace.
Arguably whenever you could expect that not crashing the vehicle would lead to a worse outcome. In the plane example, this might be true if you expect to loose control of the plane at some point (due to mechanical failure or force) and a controlled crash is the best option to avoid (possibly) impacting a more populated area. But I agree that this is a rare scenario.
What Trevor did would be considered an "aerobatic flight" [1]
"aerobatic flight means an intentional maneuver involving an abrupt change in an aircraft's attitude, an abnormal attitude, or abnormal acceleration, not necessary for normal flight."
He may have been technically legal on the FAA side, but reckless dumping of hazardous materials in the desert is probably an actual charge they could have nailed him on. Perhaps "operating a vehicle off an approved trail" type of charge, or some kind of wildlife violation / fire hazard are also what I would guess. Perhaps running afoul of some kind of parachuting laws as well, maybe having to file for that so other aviators know about it.
Someone below mentioned filing a flight plan, which has nothing to do with anything. Flight plans are to aid in search-and-rescue if you dont show up.
[1] https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F...
EDIT: Looks like user JumpCrisscross beat me to it.
1: https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F...
Those two sentences don't make any sense next to each other. There's no way to intentionally crash your vehicle that doesn't include several other things for which their are specific laws for. One can't intentionally crash a car in the same way that you can intentionally swing a bat in your backyard without hitting anything.
Edit: Also, for what it's worth, it wasn't even his plane.
What exactly do you mean here? I've witnessed plenty of vehicle damage done on private ranchland from various obstacles, and in some cases, other family/friends' vehicles. If you wanted to drive your vehicle into a big rock on your own land, what exactly stops you?
And you can't fly an airplane on your land because you don't own the air. He crashed a plane that wasn't his on land that wasn't his.
Did you mean to say that one can't intentionally smash a bat or a car into /other/ people's stuff without breaking a law? Because that seems pretty obvious.
To chop it and dispose in local garbage... yikes.
Stuff like this makes me question things. I have a day job and this idiot has access to a helicopter and a spare plane to crash
In a more grand sense, this feels like a good example of our absurdity/excess. I'm not sure this would have happened if "influencers" hadn't become what they are
Zero incentive to trust such a statement. It's backed by nothing.
Not sure about the veracity of this site, but it includes the law article number so you can verify it yourself: https://www.gordondefense.com/federal-crimes/federal-crimina...
> Federal Safety Valve (Title 18 United States Code Section 3553(e), United States Sentencing Commission §§ 5C1.2 and §2D1.1(b)(17))
> A person may be able to cooperate in order to receive relief under the “Safety Valve” provision of 18 U.S.C. 3553(e), USSG sections 5C1.2 and §2D1.1(b)(17). The safety valve is a particular area of importance as it is a way to receive reductions below mandatory minimum sentences
It's very illegal. Part 91 § 91.13 careless or reckless operation [1] and § 91.15 dropping objects [2]. (I'm studying for my pilot's license.)
Also, until SCOTUS rules otherwise, agency rules carry the strength of statute.
Probably the latter unless someone gets hurt. (Agree with you that this was a dumb cover-up. Particularly when he seems to have done the cover up before posting the video?)
If he had dismantled the plane before the FAA knew about the crash, would that still qualify as destroying evidence?
Rape isn't funny. You might want to consider not using that slang term.
Found out what exactly?
> Did he confess?
He posted a video on youtube, the rest of it is just standard investigation.
Admittedly I’ve never heard of this guy and avoid most YouTube “creators” and it got a view out of me out of morbid curiosity and so I could speculate on whether it was pre planned.
If you run scam X and earn Y from that scam, then get caught doing X, it is extremely unlikely that you are walking away with a fine less than Y. The problem is of course maybe the feds only notice Y/2 or Y/10. There's some hand wringing about scam X earning you Y directly but helping to support scam Z in the future that you will do better (or legitimate businesses A,B,C that earn you Y * 1000). But there's a base principle, and "let's just fine off of overall revenue" things leading to "some case officer in Omaha lied on forms, so we will fine this bank $2 billion" is kinda silly[0].
But generally speaking illegal activity where you get caught is going to end badly for you. And illegal activity you get away with will end better for you, but that's true independent of the fee structure.
[0] the case officer might be part of a larger pattern. This is what discovery and investigations are for! Do enough work and you can prove that the earnings from the illegal activity is higher!
Like if you drive somewhere with a suspended license somewhere and make a million dollars as a result, should all that money be subject to seizure?
If this kind of thing becomes increasingly common in the "influencer" economy, this instance could be seen as Ground Zero making him an OG pioneer of sorts. That has to be worth something, for better or worse.
Six months prison time isn't very long after all, six months of average salary doesn't buy you anywhere near this level of fame.
Crime doesn’t pay
The historical element is more relevant. In the UK (and perhaps the US) in 1723 it was made illegal to hunt a rabbit - punishable by death.
Nowadays Taliban do hands amputation as punishment for stealing(not sure about stealing bread, though).
Jean Valjean is a character in a novel, not a real person, and is about as relevant to this discussion as a Wookiee from the planet Kashyyyk.
A.k.a Eugène Vidocq
How many times have people been fraudulently misled about the scope and responsibilities of their roles? How many times have companies misclassified workers or denied overtime pay? How many times have companies lied about their products and services? How many times have big tech companies conspired to keep wages down? How many private equity and pharmaceutical companies have engaged in profiteering?
They regularly commit crimes. Though the definition of crime is constantly being patched with loopholes by lobbyists and other well-connected jackals. The Overton window keeps on shifting. It's just a power battle between people more powerful than you.
Maybe if he was applying for a job at the FAA, as a pilot, or as a school teacher. but for a professional youtuber, not so much.
That is to say if we rely on the permanent reputation taint as a deterrent then once you’ve been tainted are you not now much more likely to go do more harmful, felonious things?
I don’t know much about felonies though — perhaps they can be expunged after X years of good behaviour?
Justice is not in play here. The punishment should match the crime.
Don't do victimless crimes. If you have already done it, don't cover it up. And if you have to do it all, don't do it stupid.
I'm pretty sure you are more likely to kill someone driving to work today than crashing a plane in some random as forest.
But in the world of influencers one of the primary currenciez is notariety, some cess pool like kick or rumble would gladly take the publicity, good or "bad."
given all the media attention and the general frivolity of the matter, that answers it. A tiny sentence at prison camp for a few months makes it worth it for a career of earnings and buzz.
Disclaimer: I wouldn’t commit a crime to make money/time tradeoff, only a hypothetical experimental exchange with no real danger to anyone.
A felony prevents you from getting a job. Obviously being hyperbolic but you know that the conviction is as much a punishment as the incarceration.
"Two years ago I jumped out of a perfectly good airplane and let it crash into the ground, took some bad advice, and decided to remove the wreckage. Today I was sentenced to 6 months in Federal Prison. Thank you to my unconditional loving family and friends. You know who you are, and who you aren't :) My incredible lawyer, and Federal Judge Walter, for understanding the truth of the situation, and giving me a second chance at life. This situation could have been a lot worse, and am extremely grateful am here to talk about it. look forward to teaching our youth from my mistake, and the lessons I have learned from this, it has changed me as a person forever, and therefore, I am so excited for this next chapter of implementing those changes into society for the better. made a video about this on my YouTube channel if you'd like to watch it.Always wear your parachute my friends. Much love"
Not really sure what to expect from his post as it gives me vibes of something his mother would write for him if he's locked up and cannot do so himself.
I’ve seen less bad crimes get years.
I expect there are relatively few deaths that can be directly attributed to 5mph, but given evidence I'll reconsider.
Risk of death for pedestrians goes up 250% when hit by a car going 32mph vs one going 23mph. Given the rising rate of pedestrian deaths in North America (at a 40 year high), it is an almost certainty that 5mph has made the difference in a great number of pedestrian deaths.
> The average adjusted, standardized risk of death reached 10% at an impact speed of 23 mph, 25% at 32 mph, 50% at 42 mph, 75% at 50 mph, and 90% at 58 mph. Risk of death increased approximately linearly with speed for speeds between 32 mph and 50 mph, with an average increase of 2.8 percentage points (95% CI: 2.2 – 3.4) for each 1 mph increase in impact speed for speeds within this range.
Imo, though the risk of death from increased speed does obviously make a difference, particularly at the low end, the difference between 55mph and 60mph is predictably marginal, as in you're still at least 75% likely to die.
i.e. Most 55mph roads do not have crosswalks at every corner and pedestrians using uncontrolled intersections. Most 25mph roads DO have crosswalks (marked or unmarked) at every corner, and intersections are likely to be uncontrolled for peds. In other words, I am much more worried about getting hit by someone doing 30 in a 25 zone than I am about someone doing 60 in a 55 if only because I rarely walk or cross on roads like that. I suspect that data extrapolates since pedestrian infrastructure tends to be densest in low speed areas.
In any case, the GP was arguing that 5mph was arguably inconsequential. The paper I linked shows that at almost any speed risk of death rises in a meaningful way every 5mph.
To put it all into perspective. Would you rather get hit by a car at 55mph or 60mph? Is the difference marginal if you have to make that choice?
I expect most accidents don't fit this profile and let's say there were 50k traffic deaths in a year, 1k match this scenario and the marginal impact is something like 50. This is pure speculation.
(Strawman) We could clearly limit most traffic deaths by going 5mph at all times. We generally accept the risk of higher speeds.
You could make the same point about going 5mph under the speed limit.
It is somewhat interesting to think about the factors that go into setting a punishment. It is rarely the magnitude of potential damage (worst case), and often not even the damage adjusted by the probability of occurrence.
Most often, it has more to do with subjective custom and norms. Some dangerous things are OK, some are harshly punished.
5mph over in a city or intentional plane crash in the wilderness and misleading investigators are small enough to be bad things, but do bad things at sufficient scale and those things are no longer bad.
There’s small risk and tremendous benefit to letting everyone go 5 mph faster (time is money) but no benefit and relatively high risk to letting them turn Cessnas into missiles. The calculus on this one is easy
We do punish things that have higher risk profiles such as driving drunk, and I’d guess I’m still much more likely to kill someone by abandoning my cessna than driving with a .08 bac.
Exactly. Lotta people still in jail for marijuana for example.
If you feel the urge to ask me what those hypothesis are - then I think you'll see the point.
I think this is part of my point because it's obvious why: he crashed the plane on purpose in an extremely dry area, so he took a fire extinguisher with him in hopes of extinguishing any fire he started. He concealed it because he was faking the crash. He's also an idiot there as well because it took him a while to get to the crash site, which was much too long for a mini fire extinguisher to be useful.
So see? It's obvious and not interesting. He's just an idiot.
Granted, what the other commenter pointed out is indeed an interesting facet, which is to your original point as well, but it's more to do with engines and planes being interesting.
FAA investigating controversial crash video - https://news.ycombinator.com/item?id=29729307 - Dec 2021 (414 comments)
If people find the other threads we can add them to the list here.
It definitely made me look at online debates a lot differently, as previously I thought good points can come from anywhere (which can still happen), but it turns out experience in the domain is usually way more relevant.
I guess it's similar to that effect where if you see news about a topic you don't know, you tend to take/believe everything as-is, but if you happen to know the domain, you'll usually spot quite a few factual errors which tend to discredit most of the news.
My expertise is education. Everyone has opinions about that field. Many, many, many are just completely ignorant.
It's why I try not to weigh in too heavily on areas that I have no practical experience in.
All that for Ridge Wallet!??
I followed this whole story closely and his behavior was just outrageous every step dog the way culminating in actually lying to investigators and destroying evidence of a crime.
It went far beyond conduct that is unbecoming of a licensed pilot.
https://www.aviationweekly.org/news/pw8d8knj7uroieoxodawivkl...
> In a letter sent to Trevor Jacob by the FAA on April 11th, the FAA said he had violated federal aviation regulations and operated his single-engine aircraft in a “careless or reckless manner so as to endanger the life or property of another.” The agency said it would immediately revoke Trevor Jacob’s private pilot certificate, suspending his license to operate any aircraft.
It would appear the agency has followed through.
No idea how the websites you cited work, maybe there's a delay. Seems like he's flying around again.
(Haven't watched the video and won't, but maybe he explains it further)
> “I Crashed My Airplane,” that contained a promotion of the wallet and depicted him parachuting from the plane
Goes to federal prison after promoting a wallet.
Six months for lying is not enough. There should be another suit files for and cleanup he should have to fix any damage done by this wreck, and then also repay back the cost of the investigation.
I spent 7 days buried alive I survived 7 months in Antarctica. I got haunted by military. ..
I mean, I would pay to watch this movie.
Many authorities don't care until you bring them paperwork headaches. Then you've made your problem theirs, and they will respond in kind.
https://www.justice.gov/usao-cdca/pr/santa-barbara-county-ma...
For those that can't login to view the thread: https://nitter.net/bnonews/status/1731748816250974335