A federal judge will determine whether a profanity-laced tantrum by a Texas man aboard a Southwest Airlines flight last year constituted a threat to the flight crew and passengers or was merely rude behavior.
Justin Riley Brafford was arrested and charged with flight crew interference after the Dallas-bound plane was diverted to Albuquerque, New Mexico, last October.
A criminal complaint shows a female passenger complained that Brafford touched her and whispered unsolicited advances and she requested a seat change.
Authorities say Brafford verbally attacked the woman and the flight attendant who granted her seat-change request.
A lawyer for the 29-year-old man from Denton filed a motion in June to dismiss the indictment, saying Brafford simply "acted rudely."
The Dallas Morning News reports that a ruling is slated for next week.