SANFORD, Florida – A man has been sentenced to five years in prison after assaulting a 13-year-old girl on a Delta flight from Los Angeles to Orlando in June 2022. Brian Patrick Durning, 51, was found guilty by a federal jury earlier this year on charges of assaulting a minor on an aircraft and two counts of simple assault. The incident occurred while other passengers slept and the lights were dimmed.

According to a sentencing memorandum filed by federal prosecutors, the girl was separated from her family and seated next to Durning on the flight. She reported that Durning began acting strangely when the lights were dimmed, and he touched her inappropriately. The girl’s testimony, which was partially unsealed for the United States Attorney’s Office, disclosed that Durning also engaged in inappropriate behavior himself.

The assault caused the girl significant emotional and mental trauma, resulting in nightmares and difficulties at school. The prosecutors highlighted the long-term consequences she experienced in their sentencing memorandum. Durning’s attorney wrote in a sentencing memorandum that Durning “has accepted responsibility for his inappropriate actions,” acknowledging his intoxication on the plane.

Durning had a history of arrests related to alcohol intoxication, including two for driving under the influence and one for disorderly conduct. Mary Tramontin, a clinical psychologist called as an expert for the government, attributed Durning’s behavior to acute alcohol intoxication.

US District Judge Wendy W. Berger sentenced Durning to five years in federal prison, followed by three years of supervised release. Durning’s attorney pointed out that he was convicted and sentenced on one count of assault, not the count that alleged sexual contact.

The incident serves as a reminder of the importance of passenger safety on flights and the need to address instances of assault promptly. Delta Airlines expressed its intolerance for such unlawful conduct. The sentencing of Durning brings some closure to the victim and her family, although the emotional impact will likely persist.