Last July, William Merideth shot neighbor David
Boggs’ drone out of the sky as it flew 200 feet above his property. Merideth
was cleared of criminal charges for the incident in October, but Boggs is
asking the court to make a legal determination as to whether his drone’s July
2015 flight constituted trespass. In the case, plaintiff David Boggs also wants
the court to rule that he is entitled to damages of $1,500 for his destroyed
drone.
"The United States Government has exclusive
sovereignty over airspace of the United States pursuant to 49 U.S.C.A. §
40103," Boggs' lawyer, James Mackler, wrote in the civil complaint.
"The airspace, therefore, is not subject to private ownership nor can the
flight of an aircraft within the navigable airspace of the United States
constitute a trespass."
The shooter, William Merideth, claimed that the
drone had flown over his property in July 2015 and he shot it down, saying that
he had previously spotted similar drones above or very close to his home in
Hillview, Ky. American law is unclear as to what constitutes aerial
trespass or whether such a concept is legally recognized.
Boggs’ lawyer hopes the court rules broadly in this
case and finds that Boggs’ flight of his DJI Phantom 3 did not constitute a
trespass and that his client is indeed owed money for the destruction of the
drone.
For his part, defendant Merideth is unapologetic,
marketing T-shirts featuring the hashtag #droneslayer and posting a banner on
Facebook reading: “Not only did I do it, but I meant to do it, and I'd do it
again.”
A copy of the court filing may be viewed here.
