According to the Associated Press, 35-year-old Sean Michael Fitzgerald was convicted of being intoxicated before he was set to pilot a private jet charter flight in 2016. He is due to be sentenced Sept. 19. 

The plane was set to fly from Michigan to the Traverse City Cherry Capital Airport while preparing for a for charter operator Talon Air. Fitzgerald had a blood-alcohol level of 0.34 percent. he told police that he had two beers at lunch the previous day.

Fitzgerald’s attorney argued he didn’t actually fly the plane.

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