A federal criminal complaint filed August 7 in Orlando charges Xiaodong He with flying a drone through restricted airspace over NASA’s Kennedy Space Center, according to court records in case 6:26-mj-1933.
The complaint charges He with violation of National Defense Airspace under 49 U.S.C. 46307 and operating an aircraft without an airman’s certificate under 49 U.S.C. 46306(b)(7).
According to an affidavit by NASA Office of Inspector General Special Agent Christine Beers, Kennedy Space Center Security Police responded to a drone notification on the evening of July 25 and found He operating a DJI Mavic 4 Pro at the Playalinda Beach Vista #8 parking lot inside restricted zone R-2932.
Records cited in the affidavit show the drone flew for 12 minutes and 24 seconds and reached a maximum altitude of about 230 feet. The affidavit says the flight came within 1.56 miles of Space Launch Complex 39B and 4.23 miles of the Rotation, Processing and Surge Facility.
He told officers he had recorded four videos and offered to let KSC Police watch them, the affidavit states. Investigators wrote that the first video showed the drone lifting off from the parking lot, climbing above the tree line and capturing Launch Complex 39A and 39B before turning north over the ocean, Playalinda Beach and the lagoon.
He was with three family members who told police they were visiting the United States on vacation and were recording scenery, the affidavit says. A family member said they were not aware of the drone restrictions and offered to delete the videos. Police allowed the deletion.
The affidavit says He told police he did not have an operator certificate. Agents later confirmed with NASA and the FAA that there were no approved flights in R-2932, no DroneZone authorizations or waivers, no LAANC approval, no Part 107 license and no registration for the drone.
A preliminary forensic review of the drone controller found that each time the aircraft launched that day, the controller displayed a warning reading “Aircraft in Warning Zone (Airport). Fly with caution,” according to the affidavit.
KSC Police seized the drone and controller, issued He a District Court Violation Notice for operating a drone over a critical infrastructure facility, issued trespass warnings to all four people and escorted them off the property. The affidavit notes the group told police they were scheduled to leave the country on August 8 from LaGuardia Airport.
The complaint was sworn before U.S. Magistrate Judge Leslie Hoffman Price. A criminal complaint is an accusation. He is presumed innocent unless and until proven guilty in court.
KSC posts “No Drone Zone” signage at approaches on North Courtenay Parkway, the NASA Causeway and Titusville Road, according to photos included in the filing.
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