A grand jury indicted Joseph David Emerson, 44, on 83 counts of reckless endangering another person on Tuesday, dropping the 83 charges of attempted murder, after police say the off-duty pilot tried to turn off an aircraft’s engines while it was in the air on Oct. 22.
On Wednesday, a federal judge approved his release after being charged with Interfering with Flight Crew Members and Attendants.
He is still facing 83 state charges tied to the case. He’s still in jail and is expected to be arraigned on those state charges Wednesday.
His lawyers said he could be out of jail by the end of the week.
On Oct. 22, police say Emerson was flying as an off-duty pilot aboard Horizon Air Flight 2059, from Paine Field in Everett. The plane landed at Portland International Airport on an emergency diversion.
Charging documents detail how Emerson told police he was having a “nervous breakdown,” and had not slept in 40 hours. Although he denied taking any medication, he had mentioned that “it was his first time taking mushrooms.” Documents further lay out that he said he had taken mushrooms roughly 48 hours before his flight. Generally, the effects are known to wear off after between three and six hours.