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October trial for ex-pilots accused of drinking before flight

Thomas Cloyd, right, and Christopher Hughes will be allowed to remain at their Arizona homes leading up to the October trial.

MIAMI, Florida (CNN) -- A judge Monday set an October 21 trial date for two former America West pilots accused of being drunk before a takeoff last month and ordered the men to stay put in Arizona, despite requests to travel.

Miami-Dade Circuit Court Judge David Young pointedly rejected requests permitting defendants Thomas Cloyd and Christopher Hughes to travel from their Arizona homes to other states for personal and family reasons before trial, saying such behavior was "not appropriate."

"We have two individuals charged with very serious crimes. And they have to understand there are some consequences to their actions," Young told attorneys at a hearing Monday.

The men, who were fired by America West, failed Breathalyzer tests as they prepared to fly a jet full of passengers -- Flight 556, scheduled to leave Miami for Phoenix on July 1.

Cloyd, 44, and Hughes, 41, have pleaded not guilty to one state charge of driving while impaired, a misdemeanor, and one charge of operating an aircraft while intoxicated, a felony. If convicted, they could receive up to six years in prison.

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"I don't want them flying to Missouri and to Texas, going to a show in Texas or taking care of family matters in Missouri."

They are "staying in Arizona and are calling in once a week from Arizona so we can verify they are where they should be," Young said.

The judge's order precludes Cloyd flying to Texas for court-ordered visitation of sons who live in Texas with their mother.

"I guess he's going to have to pay for airplane tickets" for them to come to Arizona, Young said.

Defense attorneys were asked to hand over their clients' passports, with Young saying he "wants to make sure they don't leave the country."

Young said he would be most comfortable with the men staying in Florida before their trial begins, but he didn't argue with a request for the men to stay in Arizona since the prosecution had no problems with it.

But, Young said, "they are not traveling out of Arizona. Period."

Young also said that a condition of bail for the men -- who sat in the courtroom and listened to the proceedings -- is that they not drink alcohol. The pilots had been released on a $7,000 bond.

Young said they must also attend all pre-trial hearings.

Meanwhile, documents recently released by prosecutors showed that the pilots were part of a group that ran up a $142 tab at a Miami bar the night and early morning before the incident,

The documents also revealed that pilot Cloyd and co-pilot Hughes were still legally intoxicated more than two hours after Flight 556 was scheduled to leave Miami for Phoenix.

Cloyd admitted to police that he had "too many" beers the night before, according to a police document also released.

The tab, which Hughes put on a credit card, shows that the group, which a law enforcement source said included four or five people, ordered seven 34-ounce beers, seven 16-ounce beers, one draft beer of unspecified size, a martini and one hamburger while at Mister Moe's, a bar in Miami's Coconut Grove section. The total, with tip, came to $142. The amount of beer ordered by the party was equivalent to at least 28 12-ounce bottles of beer.

Federal Aviation Administration rules require pilots to stop consuming alcohol at least eight hours before a flight. America West has a more stringent standard, prohibiting pilots from drinking within 12 hours of a flight.

Prosecutors also released documents related to the pilots' Breathalyzer tests. Cloyd -- tested at 12:53 p.m., more than two hours after the flight was scheduled to depart -- registered a blood alcohol level of .091 percent. Hughes, tested about 15 minutes after Cloyd, registered a .084 percent alcohol level.

Under Florida law, anyone with a blood alcohol level of .08 percent is legally intoxicated. Both the FAA and America West set the intoxication standard for pilots at .04 percent.

Cloyd had worked for America West since 1990, Hughes since January 1999.