Excerpts From Grand Jury Felony Indictment
Case: 1:22-cr-00082-MWM Doc #: filed: 09/21/22
JANUARY 15, 2022
9. The defendant, DAILON DABNEY, is the owner of a UAS later identified as a Dll
Mavic AIR 2 with serial number 3N3BHCA O 12025T (hereinafter "the Drone"). A video camera is affixed to the Drone. The Drone is not registered with the FAA.
10. The defendant, DAILON DABNEY, does not have an FAA 107 license to fly the Drone.
11. On January 15, 2022, the Cincinnati Bengals hosted an NFL playoff game at Paul Brown Stadium (now "Paycor Stadium") in Cincinnati, Ohio (the "Event").
12. Accordingly, the area in and around Paul Brown Stadium was subject to NOTAM 0/0367 Temporary Flight Restriction during the Event. Accordingly, no unauthorized drone could fly within that zone from one hour before the Event until one hour after the Event. During the Event, DAILON DABNEY flew the drone in the restricted flight area.
14. On January 15, 2022, during the Event, the defendant, DAILON DABNEY, flew the Drone into the bowl of the stadium and, at times, hovered over the players and portions of the stadium crowd while the game was being played.
15. The defendant, DAILON DABNEY, recorded his drone flight during the NFL game and posted the video on his social media sites after the Event, including a YouTube page called BrickByBrickProduction513." The recording shows that the drone hovered over portions of the players and the stadium crowd during the game.
COUNT 1
(Operation of Unregistered Drone)
16. Paragraphs 1 - 15 of the Indictment are incorporated and restated herein.
17. On or about January 15, 2022, the defendant, DAILON DABNEY, who owned an aircraft eligible for registration under section 44102, knowingly and willfully operated that aircraft when the aircraft was not registered under section 44103 . In violation of 49 U.S.C. § 46306(b)(5)(A).
COUNT 2
(Violation of a Temporary Flight Restriction)
18. Paragraphs 1 - 15 of the Indictment are incorporated and restated herein.
19. On or about January 15, 2022, in the Southern District of Ohio, DAILON DABNEY, while piloting an Unmanned Aircraft System, did knowingly, and without lawful authority, conduct aircraft operations in restricted airspace above Paul Brown Stadium (now Paycor Stadium), a stadium having a seating capacity of 30,000 or more where a National Football League game was occurring, in violation of Title 14, Code of Federal Regulations,§ 99.7, a regulation prescribed under Title 49, United States Code, Section 40103(b)(3). In violation of 49 U.S.C. § 46307 and 40103(b ).
FORFEITURE ALLEGATION
Upon conviction of the offense set forth in Count 1 of this Indictment, the defendant, DAILON DABNEY, shall forfeit to the United States, pursuant 49 U.S.C. § 46306(d)(l) and 28 U.S.C. § 2461(c), any aircraft whose use is related to the commission of such violation or to aiding or facilitating the commission of such violation, including but not limited to a DTI
Mavic AIR 2 with serial number 3N3BHCA 012025T.
