United Passenger Was 'Aggressive'; Aviation Cops Used 'Minimal But Necessary Force': Incident Report

CHICAGO, IL — Chicago aviation security officers claim the United Airlines passenger forcibly removed from a flight at O'Hare International Airport earlier this month "responded repeatedly in an aggressive manner" when he was asked to give up his seat, and he swung "his arms up and down fast and violently," according to the official incident report and other records released by the city. The documents also claim that officers used "minimal but necessary force" in the situation, and Dr. David Dao, the passenger being removed, hurt his mouth when his face hit an armrest after his flailing arms struck an officer holding him.

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Dao, 69, was one of four people randomly chosen to be bumped April 9 from the Chicago-to-Louisville flight so that airline employees could fly. Dao was forcibly dragged down the plane's aisle by the Chicago Aviation Police when he refused to give up his seat. Dao told the officers that he needed get home because he had patients to see the next day.

According to his lawyer, Dao was bloodied in the incident and suffered a "significant concussion" and a broken nose, as well as losing two teeth. Video of Dao's dragging spread across social media and created a media storm of outrage directed at Chicago-based United and its handling of the situation. Dao's lawyer, high-profile Chicago attorney Thomas Demetrio, has said a lawsuit against the airline is forthcoming.

However, the city records and recordings surrounding the events aboard United flight 3411 — which were obtained by The Associated Press, Chicago Tribune and other news outlets — show Dao, a doctor from Kentucky, to be argumentative and hostile with aviation officers when he was asked to give up his seat and when he was being physically removed. Demetrio, though, objects to the characterization of his client seen in the records and reports, according to ABC 7 Eyewitness News.

"It's utter nonsense. Consider the source," he told the news station.

LISTEN: Check out the recordings from the radio conversations connected to the events aboard United flight 3411:

What the Incident Report Says

According to the incident report, two aviation officers — Officers Mauricio Rodriguez Jr., who wrote the report, and James Long — were called in to help remove Dao, who "was yelling about leaving the aircraft." Once aboard the plane, Rodriguez claims he "tried to persuade Mr. Dao to leave in a calm manner," his report stated.

"I'm not leaving this flight I paid money for. I don't care if I get arrested," Dao said, according to the incident report.

The officers continued to convince Dao to leave for several more minutes until another aviation officer, Stephen Smith, arrived, the report stated. Smith also tried to talk Dao into leaving the plane, but he, too, was unsuccessful, according to the report. Eventually, Long took steps to physically remove Dao from the plane. The following is Long's description of events from his personnel report about the incident:

"The subject continued to refused [sic] to leave and said, I'm not leaving and folded his arms tightly. Ofc Long asked the other officers to assist in removing the subject. When Ofc Long tried to reach out to hold the subject, the subject started swinging his arms up and down with a closed fist. Ofc Long was able to grab the subject and pull him away from the windown [sic] seat toward the aisle. But suddenly the subject started flailing and fighting. Consequently, the subject was able to knocked [sic] the right hand of Ofc Long off his arm and shoulder area, which caused the subject to fall, hit, and injured [sic] his mouth on the armrest on the other side of the aisle. At this time, Ofc Long was able to regain control of the subject and was able to remove the subject from the aircraft with the help of [Rodriguez]."

After he was taken off the plane, Dao laid down on the deck of the jetbridge and told officers he was diabetic, according to the incident report. Another aviation officer — Sgt. John Moore — arrived to help, and an EMS crew and ambulance were called in, the report added.

That's when Dao ran back on to the plane, grabbed onto a pole in the galley and, according to the report, told officers, "I'm not getting off this plane. Just kill me. I want to go home."

Finally, Dao was convinced by EMS workers to exit the plain to receive treatment for his injuries.

"At which point, he willingly sat on the stretcher and was placed into [the ambulance] to be transported to Lutheran General Hospital," Rodriguez's report stated.

Patch's United Flight 3411 Coverage:

Chicago Lawyer In United Passenger-Dragging Will Represent American Airlines Customer: Attorney Thomas Demetrio said both incidents illustrate the unfair treament customers receveive from airlines during a TV interview Monday.

United CEO Oscar Munoz Won't Chair Board In 2018: The exec's decision comes a day after the airline missed its deadline to respond to a Senate inquiry about the recent passenger-dragging.

Passenger Dragged From Flight Suffered Concussion, Broken Nose: VIDEO: A lawsuit likely after United forced a doctor off the plane to "re-accommodate" him so an airline employee could take his seat.

2 More Chicago Aviation Cops Suspended: PLUS: Passengers will get refunds | Congresswoman wants to end bumping.

United Won't Use Police To Pull Paid Passengers From Flights, Airline CEO Says: VIDEO: United CEO Oscar Munoz called Sunday's incident on a flight out of Chicago a "system failure" during an ABC News interview.

United's Image Takes Online Beating In Memes, Comments: Social media reaction to video footage of a passenger being dragged from a full flight Sunday night has been swift and merciless.

Aviation Expert Defends United: Passenger Didn't Have Right To Stay On Plane: VIDEO: The airline was in "an impossible spot" and handled the situation as best it could, a DePaul transportation professor says.

Background of the Aviation Cops

In the wake of the United incident, Rodriguez, Smith and Long were placed on administrative leave by the Chicago Department of Aviation, which oversees the airport security force. Moore also was placed on leave while the department reviews what happened, the Tribune reports.

According to ABC 7 News, Rodriguez and Smith have worked as aviation cops for a year, while Long has been a part of the force for almost two years. Before his current time on administrative leave, Long was suspended for allegedly ignoring an order to secure an airport entrance, ABC 7 reports. He came off that suspension only a few days before the April 9 events, the report added.

In a statement sent to ABC 7, Service Employees International Union Local 73, which represents Chicago Aviation Police officers, said it, along with the city's aviation department, "will reserve further comment about this particular incident until the investigation by both parties is completed."

"Local 73 and the Aviation Officers look forward to working the Chicago Department of Aviation to make sure there is comprehensive training, policies, and procedures established that address the ever-changing challenges at our airports," the statment to the news station said.

Since the incident, United CEO Oscar Munoz said the airline will no longer use law enforcement to remove paid passengers from flights unless they present a safety or security risk. But Aviation Commissioner Ginger Evans wrote in an email that the aviation police should never had been used in the first place, according to the Tribune:

"I'm unhappy that we were asked to remove a passenger due to an overbooking. Removing an unruly passenger is a legitimate law enforcement action."

More via the Chicago Tribune and ABC 7 Eyewitness News

image via Audra D. Bridges | Facebook

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