User:58 November/sandbox

 OVERVIEW 

58 NovemberBold text was the first time an aircraft captain was killed in a US hijacking. It was the first air piracy criminal trial in America, USA vs. Bobby Wayne Wallace. Defense attorney's James Neal and Ed Booth It was also the first time the FBI and J. Edgar Hoover lost a wrongful death civil action in federal court, Downs vs. USA 522 F.d2 990.

The hijacking and civil action was the event that forced the FBI to start its first HNT, hostage negotiation team. The FBI HNT program is now replicated in most law enforcement departments across the country, having saved countless lives in the process.

 NASHVILLE 

The hijacking of 58 NovemberBold text started shortly after midnight on Oct 4, 2012. Captain Brent Downs and Co-Pilot R.G. Crump were standing by for their air charter passengers in a Rockwell Hawk Commander 681, tail number N-9058N at the Nashville Airport (BNA). A car pulled up with two men and woman screaming she was being kidnapped. The driver, George Giffe, Jr., got out of the car while a second man, Bobby Wayne Wallace, held the screaming woman in the car with her scarf tied around her arms. The woman, Susan Giffe, was the estranged wife of the driver George Giffe, Jr.

Giffe explained that he was ready to board and start their trip. Downs and Crump protested as the woman was in hysterics and claimed she was being kidnapped. Giffe claimed he was a doctor and taking a patient for treatment to Atlanta. Downs asked him for credentials and Giffe pulled out a gun and ordered all to board the aircraft.

Nashville airport police were notified as the plane taxied out to the runway. They were unable to prevent 58 NovemberItalic text from taking off.

 AFTER TAKEOFF 

Shortly after takeoff, Giffe told Downs and Crump he wanted to go to Freeport Bahamas. Downs notified ATC, air traffic control, of the change of destation on the plane. Additionally Giffe told Downs to relay his demands to Jacksonville.

1.	No one was to be around the aircraft except the fuel truck and attendant. 2.	Jet Fuel was to be waiting on the aircraft 3.	Life vests and a raft for over water flight 4.	Flight Plan and charts 5.	Two bottles of Scotch

ATC responded that all requests would be complied with to Downs. Flight continued to Jacksonville where FBI agents had been notified of the hijacking. Under the Common Strategy the policy was to comply with hijacker demands. This rule had been implemented in 1970 by the FAA and DOJ.

 JACKSONVILLE 

James O’Connor was the ASAC for the Jacksonville Field Office of the FBI. He was notified about the flight and ordered his team to go to the Jacksonville Airport. O’Connor and his team arrived less than 10 minutes prior to the arrival of 58 NovemberBold text.

O’Connor ordered SA Frank Burns in the tower to provide communications between himself and 58 November. When the plane landed the FBI informed 58 NovemberItalic text that the plane would receive no fuel to continue the flight. Calmly, Downs asked for fuel and told FBI agents that “They were endangering lives by doing this…”. ASAC O’Connor still refused fuel to the plane.

Six minutes after arrival at the Jacksonville International Airport (JAX), Downs was able to negotiate with Giffe to allow the Co-Pilot, R.G. Crump, off the plane to attempt to get fuel. Giffe agreed as Wallace pointed a gun at Downs and said, “The Captain stays.”

The FBI detained Crump and send a message over the radio to 58 November Italic textsaying, “Your co-pilot is in the car and will not return to the airplane…run it out anyway you want it.”

Wallace then asked Giffe if he could get off the plane to go talk to the FBI and try negotiating fuel. Giffe agreed and Wallace departed the plane and was arrested by FBI agents. After ASAC O’Connor arrested Wallace, he ordered his agents to start firing on the aircraft’s operating engine and tires. Once the FBI opened fire on the plane, Giffe opened fire killing everyone on board including himself. From the time the aircraft stopped on the ramp at Jacksonville International to the time all were killed was less than 10 minutes.

 LEGAL BATTLE 

After the hijacking the pilot’s widow, Janie Downs, filed a wrongful death action against the FBI. She was represented by Jack Butler, Gilbert Merritt (currently serving as Judge on the Sixth Circuit Court of Appeals), Tom Steele, and '''Fred Thompson ''' (former Senator TN). The case was heard by Judge L. Clure Morton in the Middle Tennessee District Federal Court without a jury. Morton was a former FBI agent.

Morton ruled for the FBI explaining that the FBI had made some mistakes however, were not liable under the Federal Torts Claim Act. The case was appealed to the Six Circuit Court of Appeals, (Downs vs. USA 522 F.d2 990) where it was overturned in favor of Janie Downs. She became the first US citizen to win a civil action against the FBI and J Edgar Hoover.

 Sources and Links  http://www.cahn.us/html/Article_Downs_vs_US.pdf http://58November.com http://www.aviationnews.us/articles.php?art_id=14744&start=1 http://openjurist.org/522/f2d/990/downs-ii-v-united-states http://www.t-g.com/story/1170647.html