A security screener asked the captain to throw away his coffee cup, but he refused; when a supervisor was called and tried to get him to comply, he responded, "that shit doesn't apply to me."

Several screeners reported smelling alcohol on the pilots' breath and asked a ground security coordinator to speak with them at the gate.

It later emerged that the captain had submitted false information when applying to America West, as he had two previous undisclosed alcohol-related offenses.

The pilots tried to get the case thrown out, contending that the federal government had exclusive jurisdiction over aviation safety unless there is a loss of life, serious injury, or damage to property.

[2] The pilots then negotiated a plea bargain in which they would have pleaded guilty in return for 14-month prison terms; Circuit Court Judge David Young rejected the deal, and the trial began in May 2005.

The main issue of the trial was the definition of "operating an aircraft": in order to get a conviction, the state had to prove the pilots were in control of the plane while under the influence of alcohol.

An America West operations manager testified that the captain had signed a dispatch release, accepting responsibility for the Airbus.

When they arrived on the plane, prosecutors said, the pilots began several steps to complete the operation process: the first officer performed several safety checks and received clearance to input flight directives.

The defense called only one witness, tug operator Franklin Tejeda, who said that he never relinquished control of the plane, since there was a steel rod attached to the nose wheel.

In addition, both men were fined $5,000 and were placed on a period of probation after they were released, during which they had to perform community service and not be allowed to fly a plane.