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The Kentucky “Drone Slayer” Case Dismissed

March 22, 2017 by Miriam McNabb 10 Comments

William H. Meredith

The case against the Kentucky man who shot down a drone flying over his property has been dismissed by a US District Court, citing “lack of subject matter jurisdiction.”

In July of 2015, William Meredith of KY shot down a drone belonging to David Boggs as it flew over his property.  While Meredith was subsequently arrested on a criminal mischief charge, local judge Rebecca Ward dismissed the charges against him, saying that the drone did indeed represent “an invasion of their privacy,” and that Meredith “had the right to shoot” the drone.

Meredith was quick to capitalize on the ruling, dubbing himself “the droneslayer” and introducing droneslayer t-shirts for sale.  Boggs, however, stunned over the dismissal and recognizing a potentially dangerous precedent, decided to appeal the case.  While the drone industry awaited a potentially significant ruling – one that would clearly establish who ultimately owns the sky – Meredith asked for the case to be dismissed, with his lawyers arguing that the case’s important was exaggerated:

 The Plaintiff, in response to the criminal charges being dismissed against the Defendant, is using the declaratory remedy to attempt to create subject matter jurisdiction – the proverbial mountain out of a molehill.  A careful reading of the Complaint reveals the argument to be as follows: The Defendent damaged the Plaintiff’s drone….In reality, this is a Bullitt County small claims court case.
While the question of whether or not a drone flying over private property constitutes trespass is one of great significance to the drone industry, the court did not agree, stating that the case did not meet the requirements of substantiality.  “Boggs makes several arguments as to why the alleged federal question is substantial, including that a resolution of the issue will have an impact on federal aviation law, the FAA’s ability to regulate air safety and navigation, and the developing body of law regarding ht eimpact of unmanned aircrafts on privacy and property interests,” reads the Court response.  “However, Boggs has not persuaded the Court that resolution of the simple issue of whether Boggs’ unmanned aircraft was flying on Merideth’s property, as opposed to federal property… is ‘significant to the federal system as a whole.'”
The case could become more significant, as states such as Oklahoma consider bills that would hold property owners harmless from damage to drones flying over private property.  The issue of flight over private property has the potential to impact not only recreational drone operators, but commercial operators for many applications.  While this court declined to take the matter up, sooner or later some court will have to decide.
Miriam McNabb

Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a professional drone services marketplace, and a fascinated observer of the emerging drone industry and the regulatory environment for drones. Miriam has penned over 3,000 articles focused on the commercial drone space and is an international speaker and recognized figure in the industry.  Miriam has a degree from the University of Chicago and over 20 years of experience in high tech sales and marketing for new technologies.
For drone industry consulting or writing, Email Miriam.

TWITTER:@spaldingbarker

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Filed Under: Drone News Feeds, Legal, News Tagged With: Drone Privacy, Drone Regulations, Drone Slayer, FAA, Federal Drone Law, recreational drone laws, Wade Boggs

Reader Interactions

Comments

  1. Chris says

    March 24, 2017 at 8:09 pm

    This is BS. The FAA clearly states what this shooter did was illegal. The judge was wrong with his decision and I hope the drone operator appeals.

    Reply
    • David Allan Cole says

      March 26, 2017 at 7:39 pm

      Too Bad, So Sad!!

      Reply
      • Chris says

        March 26, 2017 at 7:47 pm

        Too bad for you. What you don’t know is, you don’t own the airspace above your property so flying over it isn’t illegal.

        Reply
  2. Hugh G. Rekshun says

    March 23, 2017 at 2:05 am

    This is a Bullshit decision that stinks of Kentucky Bluegrass Manure. The red-neck Hee-Haw shoot ’em up Trump Supporters are cackling now, but they are helping to kill a technological revolution. Back to the storage we go. Hope you mouth-breathers are happy. It doesn’t take much with stupid people.

    Reply
    • David Allan Cole says

      March 26, 2017 at 7:40 pm

      Look who’s calling who “Stupid”???

      Reply

Trackbacks

  1. Minnesota Man Arrested in Drone Shooting | Gadgets says:
    May 17, 2020 at 4:20 pm

    […] 2015, a Kentucky man shot a drone as it flew over his property. Police charged William Meredith with criminal mischief, but a […]

    Reply
  2. Response to the 2019 FAA NPRM on Remote ID - Pilot Institute says:
    January 29, 2020 at 11:48 pm

    […] In July 2015, a Kentucky man shot down a drone as it flew over his property (link). […]

    Reply
  3. Defense Guidance New Department “Cracks Down” on Drones | Drone Market says:
    August 13, 2017 at 7:04 am

    […] federal law it is illegal to shoot down a drone or any other aircraft; but cases like the Kentucky drone slayer case indicate that it can be difficult to get a conviction.   Utah is the only state that currently […]

    Reply
  4. New Department of Defense Guidance “Cracks Down” on Drones | News and Reviews about Drones, Quadcopter, Camera says:
    August 8, 2017 at 11:41 pm

    […] federal law it is illegal to shoot down a drone or any other aircraft; but cases like the Kentucky drone slayer case indicate that it can be difficult to get a conviction.   Utah is the only state that currently […]

    Reply
  5. Uplift Data Partners Grows Leadership Team | Drone "Ki" says:
    April 22, 2017 at 1:03 am

    […] The case against the Kentucky man who shot down a drone flying over his property has been dismissed by a US District Court, citing “lack of subject matter jurisdiction.” In July of 2015, William Meredith of KY shot down a drone belonging to David Boggs as it flew over his property.  While Meredith was subsequently arrested […] The post The Kentucky “Drone Slayer” Case Dismissed appeared first on DRONELIFE. See Original Article […]

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