This one's for you, FN-FAL

[A Squared]

Actually, it's should be of interest to all pilots, but I mentioned FN-FAL because it's a concept he's commented on a couple of times: Pilots facing criminal charges for accidents. From the Anchorage Daily News

http://www.adn.com/news/alaska/aviation/story/7942760p-7836199c.html

Pilot charged in crash that led to death

TWO COUNTS: 17-year-old drowned after floatplane fell into lake.

By RACHEL D'ORO
The Associated Press

Published: July 8, 2006
Last Modified: July 8, 2006 at 02:07 AM
Click to enlarge

The pilot in a plane crash that led to a teenager's drowning death has been charged with manslaughter and criminally negligent homicide, an unprecedented move in aviation-dependent Alaska.

Kurt Stenehjem of Anchorage was arrested Thursday in the July 7, 2005, death of 17-year-old Mark Schroeder of Durban, South Africa.

Stenehjem, 55, and Schroeder were among five people on board a floatplane that crashed in calm weather into Johnstone Lake on the Kenai Peninsula. An investigation concluded the plane had been overloaded.

Schroeder, who was not wearing a life jacket, survived the crash but vanished into the glacier-fed lake while the others made it to icebergs with minor injuries.

Schroeder's mother, Lesley Schroeder McLean, said she saw "something cosmic" in the timing of the arrest -- a day before the year anniversary of the crash.

Stenehjem is a longtime associate of the victim's family. McLean's husband, Chris, is a former Alaska bush pilot and registered owner of the Maule M7-235 involved in the crash.

"From my heart, I just miss my son. I would rather have him back than have the pilot in jail," Lesley McLean said Friday from Durban. "But we do feel vindicated that justice has been served, although it's not a happy day for me."

State prosecutors could not be reached Friday to explain why they chose to bring charges in this case. Alaska State Troopers and Federal Aviation Administration officials could not recall an Alaska pilot involved in a fatal crash ever being criminally charged.

Nationally, such prosecutions are uncommon but not unheard of, said Phil Kolczynski, a Santa Ana, Calif., aviation law attorney and former FAA trial lawyer. Convictions are even more unusual, he said, and typically occur in cases involving alcohol or drugs -- factors not present here. Far more common are civil lawsuits claiming negligence, he said.

"It depends on the weight of the evidence," Kolczynski said. "If it weighs a ton, a prosecutor is doing exactly what they should be doing. On the other hand, some cases are politicized."

In its own investigation, the FAA found enough to issue a rare emergency revocation of Stenehjem's commercial pilot license, saying his lack of care and judgment justified immediate action. Among factors noted: The plane was equipped with four seats even though there were five people on board; it was overloaded and had not undergone an annual inspection; Schroeder sat in the back where gear was stashed, without a seat.

Chris McLean has said he warned Stenehjem numerous times against putting four passengers in the Maule because it would disrupt the balance. The single-engine float plane belly-flopped as it began landing near Stenehjem's commercial lodge.

Stenehjem turned himself in to Anchorage authorities Thursday and was released less than two hours later after posting $50,000 bail. Stenehjem said Friday he has not yet entered a plea.

He was indicted by a grand jury June 30 but said he didn't learn about the charges until Wednesday, when he was returning from a fishing trip in a remote location outside of cell phone range. He then made arrangements to surrender to authorities.

"It was news to me there was an indictment," he said, before declining further comment.

The McLeans lobbied hard to get the case prosecuted, saying Alaska authorities are reluctant to pursue criminal charges against negligent pilots in a state heavily reliant on aviation. Less than 2 percent of Alaska is accessible by road, according to the FAA. Alaskans are 16 times more likely to own a plane than the national average, according to state figures.

Alaska State Trooper Lt. Brandon Anderson, who conducted the Stenehjem investigation, said the McLeans were helpful in sharing information. But the state began looking at the case immediately with no outside prompting, he said.

"It was a series of events that led to the accident happening and the investigation concluded there was enough negligence there to pursue criminal charges," Anderson said. "But the case is certainly not completed yet. This is the first step. We just have to see how it turns out."

Not only was the plane over gross, and carrying a fifth passenger in the baggage compartment, and out of annual, but also the it didn't have a ventral fin installed which is required for that float installation. I don't see any reason to believe that the lack of the fin contributed to the accident, but it will certainly look bad in court.

Here's a link to the accident:


http://www.ntsb.gov/ntsb/brief.asp?ev_id=20050721X01069&key=1

Here's a link to another accident the same guy had recently:

http://www.ntsb.gov/ntsb/brief.asp?ev_id=20031022X01798&key=1

 

[Say Again Over]

Not only was the plane over gross, and carrying a fifth passenger in the baggage compartment, and out of annual

Sounds like the perfect airplane for a skydiving operation.

 

[PA-44Typed]

Sounds like business as usual in Alaska. Just that the parents of this kid pulled some strings to get the guy charged. I’m not defending the pilot, but there is more to this story.

 

[A Squared]

I’m not defending the pilot, but there is more to this story.

DO you know that, or are you speculating?

 

[FN FAL]

Interesting and tragic story, thanks A Squared.

 

[PA-44Typed]

I’m not saying that I know what really happened, but having spent some time up there that the next plane might be a week away and this kid might have pressured the pilot to take him. Again let me say that I have no info on this particular accident.

 

[A Squared]

I’m not saying that I know what really happened, but having spent some time up there that the next plane might be a week away and this kid might have pressured the pilot to take him. Again let me say that I have no info on this particular accident.

I don't think it was really a case of the last plane out of town. The crash happened only 25 miles from the starting point, Bear Lake, which is located on the road system, and is the lake the operation used for staging people and gear for thier lodge operation. So, worst case, it would have required another half hour round trip to make two legal trips instead of one. The pilot was making numerous trips that day back and forth between his lodge, Bear Lake and the lake where the crash occurred. Also, the kid's step father was the owner of the plane, and may have been involved in other ways with the lodge operation.

 

[iflyabeech]

Sounds like business as usual in Alaska.

Wow, talk about stereotypical. . . .

 

[sky37d]

Truly a sad situation, thanks for bringing it to our attention.

It is said that there is an opprotunity to learn from every accident, and it's better if we read about it than experience it.

 

[FN FAL]

Something to keep in mind, is that there is no language in state negligent homicide laws that prevent them from being used against pilots, whether 121 or part 91.