The teenage student pilot accused

of buzzing the Fayette County Kiwanis Fair last week remains in custody

after officials have filed felony charges against him.

Felony charges of making terroristic

threats and acts have been filed against the 16-year-old McDonough youth,

confirmed Maj. Bruce Jordan of the Fayette County Sheriff's Department.

The youth remained incarcerated at the Youth Detention Center in Griffin,

Jordan added. A hearing in the case has been set for Thursday.

Originally, the youth was charged

with misdemeanors: two counts of reckless conduct and two counts of unlawful

flight over Georgia land, Jordan said. But juvenile court officials later

pressured the department to add the more serious felony charges, Jordan

said.

"We didn't want to charge

him with that," Jordan said, referring to the felony charges.

The teen, a McDonough resident,

is believed to have been in control of the plane both times it buzzed

the crowd, Jordan said. During one fly-by, the plane narrowly missed the

ferris wheel and during another it skirted over a ride called the Kamikaze,

according to officials.

Jordan confirmed the youth

had a student pilot's license. Federal Aviation Administration officials

will not comment on the case until the investigation is complete.

Georgia law specifically outlines

only two situations in which a person can be considered making a terroristic

act, either when:

"He uses a burning or

flaming cross or other burning or flaming symbol or flambeau with the

intent to terrorize another or another's household; or

"While not in the commission

of a lawful act, he shoots at or throws an object at a conveyance which

is being operated or which is occupied by passengers."

The instructor who was flying

with the teen, Andrew Waits, 22, of Fayetteville, has been charged with

two counts of reckless conduct, two counts of contributing to the delinquency

of a minor and two counts of conducting an unlawful flight; all are misdemeanor

charges. He has posted an $8,000 bond and agreed to bond conditions which

forbid him to operate an aircraft or serve as a flight instructor until

the case is resolved.

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