TEXAS (7News) — Airline giant, Boeing, will appear in federal criminal court in Texas on Thursday.
7News has been closely following the company since 2018 when the first of two 737-Max crashes occurred. The crashes less than five months apart claimed the lives of 346 people. The victims' families hope they can now get their day in court.
“It is hopeful, but it's not a guarantee,” said Nadia Milleron, whose daughter, Samya, died in the second of the two 737-Max plane crashes. “We are hoping to get Boeing to be accountable for their bad behavior and that killed people. And if somebody killed 346 people, they would definitely be accountable for it in our system.”
Investigators determined that both crashes were caused by an onboard system, called MCAS, which Boeing didn't tell airlines or pilots about. That system pushed the nose of the plane down in a manner that was beyond the control of the pilots because they were unaware it was part of the plane’s design.
Now, nearly four years later --- and in the wake of a $2.5-billion settlement that protects Boeing from prosecution --- a Texas judge has made a decision that could turn strip away the immunity.
Since 2018, Milleron, and her husband Michael Stumo have led victims' families testifying before Congress, protesting in front of the Federal Aviation Administration and meeting with lawmakers, all they say, to hold Boeing accountable for flying unsafe planes.
READ MORE| Boeing to move HQ to Arlington from Chicago; Gov. Youngkin & Sen. Warner worked on deal
Milleron and other victims' families are planning to testify in Texas this week at the arraignment. And in doing so, they hope to encourage the judge to rescind the immunity agreement between Boeing and the Department of Justice because, under the federal Crime Victims’ Rights Act, families were supposed to be consulted in that agreement and were not.
“Then we would get a situation where Boeing is actually held accountable for what they actually have done and have continued doing,” said Milleron. “And then we would have safer aviation, which wouldn't risk current passengers. And that's what we want, is for there to be no third crash.”
If the judge throws out the immunity provision, the attorney for victims’ families, Paul Cassell told 7News that it would be possible for additional charges to be filed against Boeing’s leadership at the time of the crashes. This would make the company criminally responsible for the deaths of 346 people. Cassell said it’s time for Boeing to be treated like any other criminal defendant under United States law.
ALSO READ | Arlington officials aim to ensure Boeing arrival isn't pernicious for affordable housing
“What’s unusual about this, is that Boeing has weaseled out of going through the same procedures as any other federal felon in America," said Cassell. “At any federal courthouse, defendants come in, in chains to be arraigned. Boeing is a wealthy and powerful company and has figured out how to avoid the same procedures as anyone else.”
The judge told Boeing to have "an appropriate representative" in the courthouse this week for the arraignment.
The families told 7News they want to see Boeing leadership present, and anything less will be very telling.