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Gol: US Pilots Retrial Upholds Conviction, No Jailtime

Joseph Lepore of Bay Shore, New York, and Jan Paladino were flying the Embraer Legacy 600 executive jet that collided with a Boeing 737 operated by Gol Lineas Aereas Intelligentes SA. Lepore and Paladino guided the plane they were flying to safely while the larger jet crashed into the jungle, killing all aboard. The pilots were convicted in 2011 and sentenced to 52 months in prison because according to prosecutors, the aircraft’s anti-collision system was turned off for almost one hour. The pilots deny wrongdoing, and say the TCAS system was never off and suggest the other plane’s TCAS may not have been working. The NTSB blames the collision on the Brazilian ATC. Air force sergeant Jomarcelo Fernandes dos Santos was sentenced two years ago to 14 months in jail for failing to take action when he realized that the Legacy’s anti-collision system was off.

The case was retried in Brazil Monday and upheld; in fact, the jail time that had last year been commuted to community service was eliminated. In lieu of jail time or community service, now the pilots will only be required scheduled check-ins with Brazilian parole authorities.

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