This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A Utah-based SkyWest Airlines pilot will not be prosecuted for allegedly attempting to fly a jet out of South Dakota while intoxicated.
Russell Duszak, 39, had been arrested Oct. 26 at Rapid City Regional Airport after police there were told he smelled of alcohol. The pilot was taken into custody prior to passenger boarding for the 50-seat aircraft bound for Salt Lake City.
On Monday, Pennington County Chief Deputy State's Attorney Lara Roetzel said she filed for dismissal because blood drawn several hours after an initial breath test did not show alcohol in Duszak's blood stream.
Initially, police said, the breath test indicated a blood-alcohol level above the legal limit of 0.04 percent. However, such breath tests by themselves are not admissible in South Dakota courts.
Duszak had posted $300 bail and been released shortly after his arrest.
How the decision not to prosecute will affect Duszak's longterm status with SkyWest was not immediately known, but airline spokeswoman Marrisa Snow said he had not been yet reinstated.
"SkyWest holds its employees to the highest standards of professionalism and the safety and security of our customers and people are our top priority," she stated. "The crew member was immediately removed from flying and remains on unpaid leave as we support the ongoing investigation into the matter."
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