YOUNGSTOWN — Judge Carla Baldwin of Youngstown Municipal Court on Friday refused to dismiss the misdemeanor criminal charge against Christopher Wilkinson, 32, of Springfield Township, for flying too low over Stambaugh Stadium during a 2019 Youngstown State University football game.

Baldwin held a hearing in April and heard testimony on whether the Federal Aviation Administration and federal courts have sole jurisdiction over criminal violations committed by pilots in Ohio. She also received follow-up filings from Wilkinson’s attorney and from the Youngstown city law department.

In her ruling Friday, the judge cited case law giving the states authority over such matters. One was a 1977 decision involving a Maryland criminal case. In it, the court ruled that the U.S. aviation program governed the operation of the nation’s airspace but “did not include the criminal prosecution of a person who operated an aircraft in a careless or reckless manner as to endanger the life or property of another.”

Wilkinson is charged with unsafe operation of an aircraft, inducing panic and disorderly conduct. He pleaded not guilty in February 2020 and is free on bond. The Youngstown State University Police Department investigated the matter and filed the criminal charges against Wilkinson, accusing him of flying his single-engine Cessna close to the press box and stadium lights during the game. Reports stated the plane was circling the stadium several times at low altitudes.

The judge cited the Federal Aviation Administration website in her ruling, providing a copy of the advice the site gives to law enforcement on how to police the use of drones.

Among the advice is to report the incident to the FAA Regional Operations Center and obtain assistance from the FAA but to observe the operation of the drone, look for people who may have been injured by it and “execute appropriate police action,” such as conducting interviews and “Take appropriate action based on the facts and circumstances of the incident site / area-specific laws and rules.”

It adds, “Any action taken by the FAA should not preclude law enforcement from taking actions to enforce state and local law regarding drone operations,” the guidance states.

As to the assertion by Wilkinson’s attorney, Patrick Espinoza, that the Ohio Department of Transportation needed to be involved in the case, the judge ruled that ODOT “is not a necessary party to this case because this is not a civil case, matter, action or proceeding.”

During the April hearing, the city law director’s office argued that Wilkinson flew well below 1,000 feet in elevation in an area not regulated by the federal government.

The case will be set for further proceedings, the judge’s ruling states.