Salt Lake judge grounds man after in-flight incident

Published: Sunday, Feb. 11 2007 12:05 a.m. MST

A New York man charged with being belligerent to a flight crew on a flight from San Francisco to New York has been ordered grounded by a federal judge until the case is resolved. He was also ordered to surrender his passport.

Thomas McSherry of Hampton Bay, N.Y., appeared in U.S. District Court in Salt Lake City on Wednesday for the first time since being arrested by aviation officials on Monday when the flight he was on was diverted to Salt Lake City due to the disturbance.

According to charges filed in federal court, McSherry appeared to be "under some kind of influence" when he was seated in first class but refused to cooperate with the flight crew when he was told to fasten his seat belt and stop using his cell phone.

The charges state McSherry used profanity, insulted a flight attendant's Russian nationality and made a threat of bodily harm. Law enforcement officers reported McSherry smelled of alcohol when he was taken into custody but he denied making threats or causing a disturbance. He accused a flight attendant of having "a hissy fit" when he complained about the level of service.

U.S. Magistrate Judge David Nuffer ordered McSherry released but ordered no air travel without permission and ordered the man to surrender his passport. Although represented by a federal defender during Wednesday's hearing, McSherry indicated he will retain private counsel for subsequent hearings.

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