After Court Hearing, Families of 737 MAX Crash Victims Hope Judge Changes Boeing Immunity Agreement

FORT WORTH, TX (CBSDFW.COM) Families whose loved ones died in two Boeing 737 MAX crashes have sharply criticized the US Justice Department’s deal with the company two years ago.

Paul Njoroge lost his wife, three small children and his mother-in-law. “It was kind of a sweet deal for Boeing.”

“This is not justice. This is a secret agreement.”

The first aircraft operated by Lion Air crashed after takeoff in October 2018, while an Ethiopian Air aircraft crashed after takeoff in March 2019.

A total of 346 people were killed.

Under the Deferred Prosecution Agreement, or DPA, Boeing will not be charged, although it is charged with one count of conspiracy to defraud the United States in connection with two employees accused of misleading the FAA about how the MAX aircraft flight control system works.

On Thursday, Boeing’s director of security pleaded not guilty to charges of conspiring on behalf of the company.

Relatives such as Naoise Connolly Ryan, who lost her husband, want tougher penalties against Boeing. “We want to see real justice and there should be prosecution for manslaughter.”

Their attorney, Paul Cassell, disputes the agreement, which he says grants immunity to Boeing and its executives at the time. “These provisions should be repealed and removed from the agreement because they were implemented in violation of the law and the victims were never provided. They have the right to confer with prosecutors before they are granted immunity and are denied those rights.”

The families say they were not part of the agreement between Boeing and the Justice Department because prosecutors did not recognize them as victims of the crime.

Last fall, US District Judge Reid O’Connor overturned the prosecutor’s decision and recognized the relatives as victims of the crime.

Court records show that after the judge’s decision, prosecutors met with the families of the victims and agreed that they would meet with representatives in the future about certain decisions in the case.

The two events led to a hearing Thursday in federal court in Fort Worth, where families testified about the loss of their loved ones.

But prosecutors said in court documents that they still oppose any change to the DPA with Boeing.

As part of the agreement, Boeing agreed to pay a criminal monetary penalty of $243 million, $1.7 billion to the airlines that bought the 737 MAX aircraft, and an additional $500 million to the heirs and relatives of the victims.

In a statement Thursday, Boeing said: “…We also intend to continue to strictly comply with all of our obligations under the agreement…”

Cassell said they weren’t giving up. “The law is on our side, truth and justice are on our side, and when you have both, you always hope you get the right result.”

During Thursday’s hearing, the families also asked the judge to add an independent monitor to ensure Boeing’s safety.

Boeing and the Justice Department opposed the request, saying it was not necessary.

The judge considers the motion.