FAA Report:Critical of Deland Skydiver & Pilot

redd

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Wed, Oct 19 2005
FAA: Pilot And Skydiver In Deland Accident Both Were Careless

Media, Police, FAA All Critical Of Both Pilot And Jumper

The pilot of a DeHavilland DHC-6 Twin Otter and a skydiver -- close friends, by all accounts -- often played a daredevil game of "chicken," racing to see who would land first. The loser had to buy the beer. But the last time they flew together, the loser lost his life.
That's the gist of an FAA report on the death of veteran skydiver Albert "Gus" Wing III, 50, whose legs were severed at the knees just as he deployed his parachute over Deland, FL, April 23rd. The FAA said Wing was able to maneuver his canopy close to the airport, but died of his injuries a short time later.
"It seemed to be common knowledge that the two of them would play 'chicken' sometimes and would race to see who can get back on the ground first. Phrases like, 'Whoever is last to land buys the beer.'" the Deland Police Department said in its report recommending criminal charges against Skydive Deland pilot William Buchman, according to documents obtained by the Daytona Beach News-Journal.
Buchman's license has now been revoked. In issuing the revocation, the FAA stated, "Your operation caused the aircraft to collide with Albert G. Wing who sustained fatal injuries including both of his legs to be severed above the knee. In addition, there was substantial damage to the aircraft. Such conduct reflects an airman who is either unwilling or unable to comply with basic regulatory requirements governing flight operations."
http://www.aero-news.net/PlainPage.cfm#d
The reports were also based, in part, on the statements of witnesses like pilot Christopher Hayes, who was the first to reach Wing after he landed. He told police that Buchman's DHC-6 (file photo of type, above) appeared to be flying well below pattern altitude as he made his approach to land.
"I first thought he was going to clear the divers, but one of the divers was slowly controlling his shoot (chute) to the ground," Hays wrote in a statement to the DeLand Police Department. "At approx that time the left wing of the aircraft struck the diver from behind."
Aero-News publisher Jim Campbell, himself an accomplished skydiver, suggested the authorities might have taken some of the statements made by Wing, Buchman and witnesses too literally. "There's a certain 'gallows humor' prevalant in skydiving. It's something an outsider might not understand."
Buchman's lawyer strongly disagreed with the police and government statements, calling the mid-air between diver and plane "a tragic accident, nothing more than that," according to the News-Journal.
FMI: www.faa.gov, www.skydivedeland.com
 
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FN FAL

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redd said:
Buchman's lawyer strongly disagreed with the police and government statements, calling the mid-air between diver and plane "a tragic accident, nothing more than that," according to the News-Journal.
The pilot's attorney can call it an "accident" all he wants to. However, the State of Florida will investigate and prosecute the death of skydiver Wing as a homicide. Tough break for the pilot.

Man Drives Through Toll With Body on Car

ST. PETERSBURG, Fla. (AP) -- A 93-year-old driver apparently suffering from dementia fatally struck a pedestrian and drove for three miles with the man's body through his windshield, police said.

Ralph Parker was stopped after he drove through a toll booth on the Sunshine Skyway, Traffic Homicide Investigator Michael Jockers said. The toll taker called police, he said.

Parker was not likely to face charges because he did not appear to know what happened or where he was, said Bruce Bartlett, chief assistant in the Pinellas-Pasco County State Attorney's Office.

"He may have somewhere in his mind have realized it was a crash, but immediately forgot about it," Jockers said.

The victim's leg was severed in the Wednesday night crash, police said. The man, whose name was not released, was 52.

Parker had renewed his license in 2003.

"That was the one thing he had, to get in his car and just drive for the sheer enjoyment of driving," Jockers said. Parker lived alone after his wife died in 1998, authorities said
 

Cardinal

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What's with the vigilante DA's in Florida? The criminilization of accidents is a major threat pilots and even the safety process, and Florida of all places seems to be leading the bandwagon, along with countries like France, Japan, and Taiwan?!

"Come train in beautiful Florida"*

*By the way, don't fkuc up, we'll incarcerate you for life"
 

TWA69

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That guy needs to be thrown in jail, there were numerous times when I saw him cutting people off, landing on the runway when other people were in the process of taking off, diving through the traffic pattern, and landing on crossing runways against the flow of traffic. I'm just surprised it took so long for him to cause an accident.
 

FN FAL

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TWA69 said:
That guy needs to be thrown in jail, there were numerous times when I saw him cutting people off, landing on the runway when other people were in the process of taking off, diving through the traffic pattern, and landing on crossing runways against the flow of traffic. I'm just surprised it took so long for him to cause an accident.
Wow! As an FAA certificated pilot, and an ATP no less, you didn't see that it was your duty to report these "negligent" acts to the authorities before the skydiver Wing lost his life?

I just went through Florida state code and didn't find a definition to their "culpable negligence" statute. However, I did find a suitible definition of culpability in the NY Statutes. I would assume Florida defines their culpability in similar language...

Your culpable negligence act of "omission" could place you in a prison negligee...or at the minimum, a tort thong.

S 15.00 Culpability; definitions of terms.
The following definitions are applicable to this chapter:
1. "Act" means a bodily movement.
2. "Voluntary act" means a bodily movement performed consciously as a
result of effort or determination, and includes the possession of
property if the actor was aware of his physical possession or control
thereof for a sufficient period to have been able to terminate it.
3. "Omission" means a failure to perform an act as to which a duty of
performance is imposed by law.

4. "Conduct" means an act or omission and its accompanying mental
state.
5. "To act" means either to perform an act or to omit to perform an
act.
6. "Culpable mental state" means "intentionally" or "knowingly" or
"recklessly" or with "criminal negligence, " as these terms are defined
in section 15.05.
 

Vector4fun

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Cardinal said:
What's with the vigilante DA's in Florida? The criminilization of accidents is a major threat pilots and even the safety process, and Florida of all places seems to be leading the bandwagon, along with countries like France, Japan, and Taiwan?!
It ain't just pilots being charged friend. Screw up and someone gets killed, even by accident, you can be charged.

http://www.dfw.com/mld/dfw/news/local/12925239.htm



Even if the DA doesn't prosecute, the survivors can sue...:erm:
 

FN FAL

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Vector4fun said:
It ain't just pilots being charged friend. Screw up and someone gets killed, even by accident, you can be charged.

http://www.dfw.com/mld/dfw/news/local/12925239.htm



Even if the DA doesn't prosecute, the survivors can sue...:erm:
Exactly, there's no mention of the word airplane in any of the state laws regarding criminal negligence.

You could be driving home from work in your car, get in a collision on the freeway and find yourself being criminaly charged with culpable negligence.
 

redd

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ya gotta lawyer up these days...

Right, I used to sell a pre-paid legal plan which had legal representation for that exact occurrence, should you ever be charged with criminal negligent manslaughter from an automobile accident or whatever the circumstance.

The fact is anyone can civily sue anyone, with a trip to the courthouse and about $45.00.

Hey FN FAL, aside from the topic, what in heck is your new avatar from?
What's the backstory? Other than a half nekkid guy with a big gun? :p
 

FN FAL

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redd said:
Hey FN FAL, aside from the topic, what in heck is your new avatar from? What's the backstory? Other than a half nekkid guy with a big gun? :p
http://forums.flightinfo.com/attachment.php?attachmentid=49&d=1129652638
Above is a link to the full picture...there's two bathers talking to a senior officer. I'm assuming Israeli regulars on RR at the beach during the 1967 era. The picture was posted by a retired French Para on another website and I do not have a clue where he got it from and I have asked.

This is a late 1970's picture of the poster of the photo here...

View attachment 112
 
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