Chadds Ford man whose drone delayed AFC championship game faces federal charges

Operating a drone over an NFL conference championship game last month, resulting in the contest being stopped for several minutes, could result in a four-year prison term.

Matthew Herbert, 44, of Chadds Ford, is facing federal felony charges accusing him of illegally flying a drone over Baltimore’s M&T Bank Stadium during the AFC championship game on Jan. 28.

Hebert allegedly flew a DJI Mini 2 drone quadcopter for about two minutes during the first quarter of the match-up between the Kansas City Chiefs and the Baltimore Ravens, taking six photos and may have taken a video, according the affidavit.

The drone was deemed enough of a threat that NFL security briefly paused the game while Maryland State Police and FBI agents located Herbert a half-mile from the stadium, where the Baltimore Sun reported he was tailgating in a Ravens jersey.

Herbert did not have a lawyer listed in court documents.

The Federal Aviation Administration had issued a temporary flight restriction banning all unmanned aircraft systems (UAS) — including recreational drones — from flying within a three-nautical-mile radius of the stadium from an hour before kickoff until an hour after the game.

“Temporary flight restrictions are always in place during large sporting events,” Erek L. Barron, U.S. Attorney for the District of Maryland, said in a statement.

» READ MORE: Drone shots of vintage skyscrapers reveal ‘what’s hiding way above our heads’ in Philly and beyond

Herbert told officers he did not have training for operating drones, according to the affidavit. His drone was also not registered, and Herbert lacked a remote pilot’s certificate from the FAA to operate it. In the past, Hebert said, DJI’s software would not let him operate the drone when flight restrictions were in place, so he was surprised when the drone could fly during the game.

“Operating a drone requires users to act responsibly and educate themselves on when and how to use them safely,” FBI agent R. Joseph Rothrock, of the Baltimore Field Office, said in the statement. “The reckless operation of a UAS in the vicinity of a large crowd can be dangerous to the public, as well as interfere with other law enforcement and security operations.”

Herbert faces up to three years in federal prison for knowingly operating an unregistered drone without proper certification, plus an additional year for “willfully violating United States National Defense Airspace.”

» READ MORE: A drone soccer league is coming to Philadelphia

“Actual sentences for federal crimes are typically less than the maximum penalties,” the U.S Attorney’s Office for the District of Maryland said in a statement. Herbert’s arraignment will be scheduled for later in the month.

Drone sightings and delays are a regular occurrence at M&T Bank Stadium, where the Ravens had a 6-3 home record. In November alone, eight drones violated federal restrictions to fly above the field. Stadium security added drone detection software in 2021 after a drone flew around a Ravens game in 2020.

The Chiefs’ victory in the game set up the pairing for the Super Bowl, which will have the Chiefs playing the San Francisco 49ers on Sunday.