Questions affecting all of us

[airspeed]

Just came across this. Does this mean now that whenever there is an accident and someone dies the pilots will face criminal charges? And how can Florida have a reckless flying charge if the airspace is under federal control??

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Pilot Charged In Skydiver's Death

Wed, 05 Oct '05
William Buchmann Accused Of Manslaughter

The pilot of an aircraft that collided with a skydiver has been charged in connection with the incident. William Buchmann now faces a manslaughter charge.

http://www.aero-news.net/index.cfm?ContentBlockID=7c34fa3f-55d2-4b64-9397-ba77d8419bc4&#dAs Aero-News reported in April, Buchmann's DHC-6 Twin Otter collided with skydiver Albert "Gus" Wing III over Deland, FL, as both were descending over the city's airport.​

Wing's legs were severed below the knees. Although he was able to deploy his parachute, he later died.
http://www.aero-news.net/index.cfm?ContentBlockID=7c34fa3f-55d2-4b64-9397-ba77d8419bc4&#dWednesday, Buchmann was charged by the Florida State Attorney's office in Deland with manslaughter -- a second-degree felony -- as well as with carelessly operating an aircraft, a third-degree felony.
There was no immediate comment from either Buchmann, Wing's family or Skydive Deland, the company which operated the aircraft.

 

[FN FAL]

It's real simple, the crime occured in the state of florida. FAA don't have nothing to do with it. I'll go look the law up for the discussion. But suffice to say that you cannot take a baby up for a plane ride, rape it and then land and act as if nothing happened because the FAA don't have a rule against it. The state would try that criminal case as well.

 

[airspeed]

No, I dont think its that simple at all. Rape is not under any FARs that I know of!! What my point is twofold, #1 the manslaugher charge, its been happening in countries like Greece and Japan for years now and I think it may start here as well where pilots will start being charged when someone gets killed even though it was an accident. I don't know more details on this case and it would be obvious if the pilot steered the airplane into the jumper on purpose. #2 How can a state regulate what is careless flying when the airspace is controlled by the feds??

 

[FN FAL]

What my point is twofold, #1 the manslaugher charge, its been happening in countries like Greece and Japan for years now and I think it may start here as well where pilots will start being charged when someone gets killed even though it was an accident. I don't know more details on this case and it would be obvious if the pilot steered the airplane into the jumper on purpose. #2 How can a state regulate what is careless flying when the airspace is controlled by the feds??

When the pilot clipped the jumper he was at risk of being charged in (2), just prior to the pilot striking the jumper he was at risk of being charged with (1).

784.05 Culpable negligence.--

(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

 

[FN FAL]

When the victim died, this changed the charge that could be placed against the vehicle's operator...

782.071 Vehicular homicide.--"Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

(1) Vehicular homicide is:

(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

1. At the time of the accident, the person knew, or should have known, that the accident occurred; and

2. The person failed to give information and render aid as required by s. 316.062.

 

[dhc8fo]

What about all the paperwork you sign before you jump saying you can't sue anyone if you die?? I guess there isn't anything that says the government can't charge you with a death or injury? I have only gone sky diving once and the paperwork was the scariest part of the whole experience....

 

[UnAnswerd]

What about all the paperwork you sign before you jump saying you can't sue anyone if you die??

Now that would be talent.

 

[airspeed]

Thank you for the reply, but I think that Florida is going to have a huge burden to prove this and I really hope they are doing this because the pilot really could have avoided this, not just another prosecutor trying to make a name. Secondly you mention motor vehicle, thats kinda broad, so if I fly a glider into a skydiver then I cannot be charged? Also by skydiving you are already putting your life at risk and it does happen when jumpers and planes collide. But my main reason for posting this is lets say your flying a Challenger out of PBI and 10kts prior to V1 a tire burst and you go off the rwy and someone gets killed. Now will someone say hey you didnt do a good enough preflight on those tires, we are going to charge you with manslaughter?

 

[FN FAL]

I don't know more details on this case and it would be obvious if the pilot steered the airplane into the jumper on purpose.

all the state has to prove in the culpable negligence case is that the pilot knew his actions could result in exposure or injury. That won't be hard to do once the prosecution razzle dazzles the jury with how jump pilots can beat skydivers from their own plane into the traffic pattern. Also note, the word "accident" is not used in any of these laws.

#2 How can a state regulate what is careless flying when the airspace is controlled by the feds??

Primarily, the state is regulating culpable negligence and negligent motor vehicle operation.

However, I did find this gem as well:

860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty.--

(1) It shall be unlawful for any person:

(a) To operate an aircraft in the air or on the ground or water while under the influence of:

1. Alcoholic beverages;

2. Any substance controlled under chapter 893;

3. Any chemical substance set forth in s. 877.111; or

(b) To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.

(2) In any prosecution charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics.

(3) Violation of this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the Civil Aeronautics Administration for its guidance and information with respect to the pilot's certificate.

 

[AngelKing]

Come on FN, I normally agree with most things you write but those analogies have nothing to do with this. If the pilot flew into the jumper on purpose I could see him being charged, but if he didn't do it on purpose, then this is a very dangerous direction for all of us.

I don't know the history of what happenen, but did the pilot of the otter attempt to allude authorites? Did he land as soon as this accident happenend?

That statute you cite(782.071), does that really apply here? Was he operating recklessly?


Ak