A Delta Air Lines flight was forced to divert after an Indianapolis man allegedly slapped a flight attendant on the rear when she skipped his drink order because he appeared to be asleep.
Cody James Maluck, 32, is now facing a federal felony charge after the May 9 flight from Fort Lauderdale to Los Angeles was diverted to Atlanta, according to a federal complaint reviewed by The Independent.
The flight attendant, identified in court filings as “P.L.L.,” told authorities she had just started beverage service when the incident happened.
According to the complaint, P.L.L. was walking down the aisle taking drink orders when she reached Maluck. He appeared to be sleeping, so she decided not to wake him and moved on to the next passenger.
Moments later, while she was serving another passenger nearby, the flight attendant said she felt a slap to her buttocks with enough force to make her body move forward.
She immediately turned around and saw Maluck raising his hands and saying words to the effect of, “I didn’t do anything,” according to the complaint.
Another flight attendant backed up P.L.L.’s account, telling police she heard a yell while serving drinks in her section of the cabin. She said she saw P.L.L.’s body move forward as though she had been struck or pushed.
The second flight attendant stopped beverage service and helped move P.L.L. away from Maluck. The lead flight attendant then notified the pilot.
The pilot decided it was in the best interest of safety and security to divert the plane to Hartsfield-Jackson Atlanta International Airport.
Atlanta police officers met the plane at the gate and detained Maluck for questioning. The FBI was contacted because the agency has jurisdiction over crimes committed on commercial flights.
A federal air marshal assigned to an FBI unit at the airport interviewed P.L.L., the second flight attendant and Maluck separately, according to the complaint.
Authorities said Maluck waived his Miranda rights and agreed to speak with investigators.
He allegedly told the air marshal he had been wearing headphones and did not hear anyone ask if he wanted a drink. He admitted that he touched the flight attendant’s buttocks area but denied slapping her with enough force to move her body forward, according to the complaint.
Maluck also allegedly said he did not intend to hurt or disrespect the flight attendant and claimed he was only trying to get her attention.
The air marshal told him the conduct was inappropriate and that he should have found another way to get the crew member’s attention, according to the complaint.
Maluck was arrested on a charge of interference with flight crew members or attendants and taken to the Atlanta City Detention Center.
He appeared in court for a preliminary hearing on May 11 and was ordered detained pending trial.
A federal grand jury in Atlanta indicted him on June 3.
A Delta spokesperson told The Independent that the airline has “zero tolerance for disruptive or unruly behavior” on its flights.
“We will always cooperate with law enforcement to address such conduct and protect our people,” the spokesperson said.
Maluck’s court-appointed attorney declined to comment.
If convicted, Maluck could face up to 20 years in prison.
The case comes amid other disturbing incidents involving passengers accused of inappropriate behavior toward flight attendants.
In March, a 58-year-old man flying China Airlines from London to Taiwan was reportedly arrested after allegedly slapping a flight attendant’s bottom when she confronted him about vaping in his seat.
Last year, former California Highway Patrol captain Dennis Wally Woodbury was indicted after allegedly slapping a male flight attendant’s buttocks and exposing himself after drinking an entire bottle of prosecco on a JetBlue flight from Florida to California.
Woodbury, 49, pleaded guilty in January to one count of abusive sexual contact within the special maritime and territorial jurisdiction of the United States. He was sentenced to three years of probation and 100 hours of community service.
Make him a wing walker.