Air rage defendant grounded

Kim Smith

Friday, Jan. 21, 2000 | 11:10 a.m.

A Vietnam native who pleaded guilty last month in an air rage case has been ordered not to fly for five years by a U.S. District judge.

Judge Howard McKibben also ordered Hung Duong, 30, to travel by land back to Florida, where he now resides.

"I just can't risk the safety of airline passengers by allowing you on an aircraft," McKibben said.

According to court testimony, Duong was returning to the United States from Vietnam in July when he became upset that a flight attendant would not serve him before other passengers.

Duong turned over the beverage cart, burning a 17-month-old baby and her mother with coffee. He then assaulted a 12-year-old girl and another woman on his way back to his seat.

The plane's pilots were forced to land at McCarran International Airport as a result.

According to court testimony, Duong is a psychiatric patient whose psychotropic drugs had been confiscated in Vietnam two weeks before his return flight.

Duong pleaded guilty to two misdemeanor assault charges last month in exchange for the government dismissing the more serious charge of interference with a flight crew, which is punishable by up to 20 years in prison.

McKibben gave Duong six months in prison for the one assault charge and five years probation for the second. However, he also credited Duong for the six months he has already served in custody.

Duong must also pay Delta Airlines about $4,200 in restitution, the cost of diverting the flight to Las Vegas.

McKibben said Duong will not be able to fly at all for the first two years of his five-years probation. Then, he will only be allowed to fly if the U.S. Department of Probation and Parole believes he should be allowed to, if it's an emergency or an absolutely necessary.

Before getting on any flight, Duong will have to get a medical and psychiatric evaluation within 24 hours of the flight; he will have to notify the airline of his condition; he must receive permission from the airline and he must be accompanied by a chaperone who will ensure he is taking his medication.

Duong's brother will accompany him back to Florida.