An off-duty Alaska Airlines pilot, Joseph David Emerson, has been indicted on 84 counts in an Oregon court for attempting to shut off the engines of a passenger plane mid-flight. The grand jury decided to indict Emerson on one count of endangering aircraft in the first degree and 83 counts of recklessly endangering another person, one for each person aboard the aircraft at the time of the incident. The indictment is a departure from the initial attempted murder charges that prosecutors had sought. Emerson's attorneys expressed relief that the grand jury did not charge him with attempted murder, stating that those charges were never appropriate as he did not intend to harm anyone. They emphasized that his actions were driven solely by a desire to return home to his family.

According to an affidavit filed by prosecutors, Emerson admitted to consuming "magic mushrooms" approximately 48 hours prior to the incident. He had taken the hallucinogenic substance during a weekend getaway in Washington to commemorate the death of his best friend. Emerson told investigators that during the flight, he believed he was dreaming while sitting in the jump seat of the cockpit. He claimed to have struggled with depression for six years and had not slept for 40 hours leading up to the incident.

During the October 22 flight from Everett, Washington, to San Francisco, Emerson allegedly attempted to activate the plane's emergency fire suppression system by pulling two handles. This action would have cut off fuel to the engines, a fact Emerson, as an off-duty pilot, was aware of. The incident occurred 30 minutes into the flight at an altitude of approximately 31,000 feet. Fortunately, Emerson was subdued by the other pilots, removed from the cockpit, and handcuffed at the back of the plane. The aircraft subsequently landed safely in Portland, where Emerson was taken into custody.

Emerson is currently in custody and is scheduled to be arraigned on December 7. He also faces similar federal charges, including a single count of interfering with flight crew members and attendants. Emerson's defense team is seeking his release from jail and permission for him to return to his home in California while the case is ongoing.

In response to the incident, three passengers from the flight filed a lawsuit against Alaska Airlines, arguing that Emerson should never have been allowed in the cockpit due to his struggles with depression and lack of sleep. The lawsuit was filed in Washington state court.

This case has raised concerns about airline safety and the criteria for allowing off-duty pilots in the cockpit. The incident highlights the need for a thorough evaluation of the mental and physical fitness of pilots, even when they are not on active duty.