An Indianapolis man is facing felony assault charges for allegedly smacking a flight attendant’s rear end after she inadvertently skipped his drink order, forcing the plane to divert to Atlanta, where the passenger was arrested, according to a federal complaint reviewed by The Independent.
The Delta Air Lines crewmember, who is identified in court filings as “P.L.L.,” told authorities that she had just begun beverage service aboard a May 9 flight from Fort Lauderdale to Los Angeles when the incident occurred.
As P.L.L. walked down the aisle of the aircraft taking orders from passengers, she approached Cody James Maluck, 32, who appeared to be asleep, the complaint states. Not wanting to wake him, P.L.L. skipped over Maluck and went on to the next person, according to the complaint, which was filed May 11 but has not been previously reported.
“While stopped nearby servicing another passenger with a beverage, P.L.L., felt a slap to her buttocks area with sufficient force to cause her body to move forward,” the complaint contends. “Immediately thereafter, she turned around and observed Maluck raising his hands and stating words to the effect of, ‘I didn’t do anything.’”
Another flight attendant working the same flight confirmed P.L.L.’s version of events, later telling police that she was serving drinks in her section of the cabin when she “heard a yell,” the complaint continues.
“She stated that she observed P.L.L.’s body move forward as if she had been struck or pushed,” it says.
The second flight attendant suspended beverage service so she could get P.L.L. away from Maluck, after which the lead flight attendant notified the pilot about what had happened, the complaint goes on. The pilot then “determined it was in the best interest of safety and security to divert the aircraft” to Hartsfield-Jackson Atlanta International Airport.
Officers from the Atlanta Police Department met the flight at the gate, and detained Maluck for further questioning, the complaint states. They, in turn, contacted the FBI, which has jurisdiction over crimes committed aboard commercial flights, and a federal air marshal assigned to an FBI unit at the airport interviewed P.L.L., the second flight attendant, and Maluck individually, according to the complaint.
It says Maluck waived his Miranda rights and agreed to talk, telling the air marshal that he had been wearing headphones on the plane and “didn’t hear anyone ask him if he wanted a beverage,” the complaint states. He admitted that he “did touch P.L.L.[‘s] buttocks area but stated he did not slap her buttocks area with enough force to cause her body to move forward,” according to the complaint.
“Maluck further stated it was not his intention to harm or disrespect P.L.L., but rather that he was attempting to get her attention,” the complaint says. “[The air marshal] advised Maluck that such conduct was inappropriate and that he should have found another way to gain her attention.”
Maluck was then placed under arrest for interference with flight crew members or attendants, and transported to the Atlanta City Detention Center. He appeared in court for a preliminary hearing May 11, and was ordered to be detained pending trial.
Maluck was indicted June 3 by a federal grand jury in Atlanta.
A Delta spokesperson told The Independent, “Delta has zero tolerance for disruptive or unruly behavior on our flights. We will always cooperate with law enforcement to address such conduct and protect our people.”
Maluck’s court-appointed lawyer declined to comment.
In March, a 58-year-old man flying China Airlines from London to Taiwan was arrested for slapping a flight attendant’s bottom as she reprimanded him for vaping in his seat, according to reports.
Last year, Dennis Wally Woodbury, a former California Highway Patrol captain was indicted for slapping a male flight attendant’s buttocks and exposing himself after drinking an entire bottle of prosecco aboard a JetBlue flight from Florida to California. In January, Woodbury, 49, pleaded guilty to one count of abusive sexual contact within the special maritime and territorial jurisdiction of the United States and was sentenced to three years of probation and 100 hours of community service.
If convicted, Maluck faces up to 20 years in prison.
