A Pulaski County man who pleaded guilty last year to a federal count of interfering with flight crew members and attendants was sentenced to five years' probation Thursday in federal court in Little Rock during which time he is prohibited from drinking alcohol and must submit to substance abuse counseling.
Leon Anderson, 40, of Maumelle, pleaded guilty to the charge last September, admitting that he initiated inappropriate sexual contact and made inappropriate comments to a flight attendant during a PSA Airlines flight from Charlotte, N.C. to Little Rock on Feb. 11, 2020.
Anderson was originally indicted in October 2020 on one count of abusive sexual contact without permission, which carries a maximum sentence of 10 years in prison. On Sept. 22, Anderson was charged by superseding information with interfering with flight crew members and pleaded guilty to the charge that same day before U.S. District Judge James M. Moody Jr. in exchange for dismissal of the indictment.
The flight attendant told FBI investigators that prior to takeoff he was walking through the aisle and a male passenger -- later identified as Anderson -- grabbed the back of his leg. He told investigators it startled him and when he turned around, Anderson apologized and told him it was a mistake.
But, the flight attendant told investigators, moments later as he was completing his compliance check, Anderson put one arm around his shoulder and attempted to put the hand around his waist, apologizing again. The man said he shrugged him off and told Anderson he didn't need to apologize anymore.
About an hour into the flight, the man told investigators, he was serving snacks in the cabin and came upon Anderson bent over directly in his path tying his shoe. He told investigators that as he turned his body sideways to squeeze past Anderson without disturbing him, Anderson made an inappropriate sexual comment to him and as the flight continued, touched him in a sexual manner at least two more times.
The maximum penalty for the offense is 20 years in prison, a $250,000 fine and three years supervised release. Under U.S. Sentencing Guidelines, Anderson's recommended sentencing range was four months to 10 months in prison, a fine ranging from $1,000 to $9,500, and one to three years supervised release.
Under both the statutes and the guidelines, Anderson was also eligible for a term of probation up to five years.
Assistant U.S. Attorney Kristin Bryant asked Moody to sentence Anderson to a guideline prison sentence. As she acknowledged that the guideline sentencing range was low, Bryant said a term of imprisonment could help curb Anderson's behavior and would also be justified as a deterrent to others.
"You see on the news that flight attendants continue to be assaulted -- both sexually and physically -- and there just has to be a message sent that that's unacceptable," Bryant said. "I understand that Mr. Anderson has substance abuse issues but he's been punished four times in the past and he continues to engage in the same kind of conduct."
Anderson's attorney, Tamera Deaver of the Federal Public Defenders Office in Little Rock, asked Moody to sentence her client to probation. She called as a witness Benjamin Silber, a Little Rock-based clinical psychologist, who testified that in most circumstances, individuals like Anderson with a history of mental illness are at increased risk for mental health complications when placed in a prison environment.
"Part of the issue is medication," Silber said. "In some cases, certain institutions are unwilling to prescribe medications the patient can obtain in their home communities."
Silber said the stress of incarceration could also trigger mental health complications in someone already suffering from mental illness leading to episodes of mania or psychosis. He said Anderson's behavior while on pretrial release would be a strong indicator of how he would adjust to a term of probation rather than prison.
In announcing the sentence of five years' probation, Moody ordered Anderson to abstain from alcohol use and to submit to substance abuse treatment while he is on probation. He also ordered the first six months of probation to be served on home detention with location monitoring, with Anderson allowed to leave his home only for reasons approved by the court.
"I think your problem is drinking so that's why I'm giving a lengthy period of probation," Moody told Anderson. "I'm going to have a very low tolerance if you violate the terms of your probation. I know that's a long time but nothing anybody's done so far has been able to allow you to achieve that sobriety so I'm upping the ante."