Where Things Stand: Air Marshals Under Arrest
Dec. 26: This post has been corrected.
Editor’s note: As part of our year-end coverage, we’re checking in on the latest on each of our in-depth stories.
The Federal Air Marshal Service presents the image of an elite undercover force charged with making life-and-death decisions that demand sound judgment. A ProPublica investigation, published with USA Today in mid-November, found that dozens of air marshals have been charged with crimes—from drunken driving and drug smuggling to aiding a human trafficking ring and solicitation to commit murder.
Since the story ran, one air marshal pleaded guilty to felony injury to a child and another was charged with bribery.
In early December, Louie Esparza was sentenced to six years probation in district court in Fort Worth, Texas, for charges related to a drunken golf cart crash that seriously injured his 12-year-old daughter.
Then, on Dec. 15, Fremon Myles was charged with two counts of bribery of a public official in Philadelphia federal court. According to court records, in May 2004, Myles accepted a $2,500 bribe in exchange for conducting a check of a law enforcement database to see if an individual had any outstanding arrest warrants. Prosecutors say that in January 2006, he accepted a second bribe in exchange for looking up a vehicle registration after being given a license plate number.
Although the actual number is classified, unofficial estimates put the number of air marshals at somewhere between 3,000 and 4,000. The service’s director, Robert Bray, said in November that incidents reported in the story involved “a small percentage of bad apples” and that the agency already was doing a lot to address misconduct.
“Over the last seven years our vetting process has continually gotten better, and those bad apples have left the bunch,” Transportation Security Administration spokesman Christopher White said Friday.
The day the story was published, the Air Marshal Service and its parent agency, the Transportation Security Administration, posted two statements on its public Web site stating that the ProPublica investigation presented “a distorted view.” The next day though, Bray, sent an internal e-mail (PDF) to the rank-and-file, stating: “I am sure you are just as personally and professionally embarrassed by these incidents as I am.”
“We must dedicate ourselves to root out and report any instance of misconduct or criminal behavior,” Bray wrote. “The public expects nothing less than adherence to the highest professional standards; we must demand no less from ourselves.”
Rep. Ted Poe, R-Texas, told ProPublica in November that he wants to address the issue of air marshal misconduct when the new Congress is seated next year. Editorial writers also weighed in, calling for more rigorous background checks and pre-employment psychological tests.
“Failing to properly check applicants’ background and then hiring them to fly, fully armed, on airplanes is a recipe for disaster,” wrote the Las Vegas Sun. “Congress should make sure the agency cleans up its act and protects the flying public.”
The Orlando Sentinel wrote that background checks should go further back than the current limit of 10 years, so they capture an applicant’s entire criminal past. “Amazingly, air marshals also no longer need to pass psychologists’ tests and interviews,” the paper added. “But we’d feel a lot better knowing that anyone trained today to use a firearm alongside passengers 30,000 feet up had passed them.”
Correction: This story originally stated one air marshal was convicted of felony injury to a child. The air marshal, Louie Esparza, pleaded guilty to the charge, but the judge withheld judgment pending completion of the probation.
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2 comments
lorin gooner
Dec. 24, 2008, 10:58 p.m.
Out of the thousands of Air Marshals that protect us on a daily basis, Pro Publica has gone out of its way to say, in the most negative way possible, that 99.9% of Air Marshals are doing a great job. Find another agency to pick on, this is getting old. Compared to the FBI, ATF and others, I’ll bet the Air Marshals have the same rate of misbehavior. You call this journalism?
RH
Dec. 24, 2008, 11:24 p.m.
Lorin
Although this shows a small percentage but the size although small is significant of FAMS charged for crimes but what about all of those not charged, because they are rescued? One example is from NY as I will quote anothe rparty “Lets get to the time when the DSACs nephew got so drunk he nearly got shot by the NYPD, He was out at a bar, got so drunk he got into a heated conversation with a guy, they got into it, he ended up walking down the street waving his duty weapon, When the NYPD got to him he had no shoes on his feet and pointed his gun at the NYPD while racking his weapon, the NYPD noticed it was jammed and did not shoot him. (FACT) He spent the night in jail, DSAC got his lawyer to go down on a Sunday and have the kid resign, Most of NYFO knows about it but it never hit the newspapers.Was this because the ATSAC of Operations called his NYPD buddy to make sure it never made the papers? where is the nephew now?, working upstate for another Federal Agency?”
Than we can go on to discuss the compartative factor, to other other agencies. Maybe the question is not about the individual FAM beahvior but what drives this behavior. I would advocate that it is low morale based on poor leadership if it is only 3000-4000 FAMS than this report is significant as it represent over half the Human capital and we need to understand this when coorelating motivators for actions and behaviors of employees.
http://www.tsa.gov/assets/pdf/tsa_employee_survey.pdf
If I was the Secretary of DHS and saw a report like this and knew one of my agencies had several suicides in several years I would be bringing in true independent investigators to look at these and the factors around them. This leads me to ask the question.
What about all the civil and criminal crimes committed regularly and FAMS are afraid to speak up about or report, because mechanisms in place to investigate these are known to be unfair since you have one former Secret Service Agent investigating another whose hiearchy is of the same and their friends? We know OSC did not work either for these group of individuals.
http://pogoblog.typepad.com/pogo/2008/12/fams-director-defends-agencys-treatment-of-whistleblowers.html
Although thanks for sticking up for those FAMS who deserve it, as many recgonise a lot of Air Marshals are out there doing the best they can with what they have and are given to work with.
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