NTSB Identification: CEN14FA102
14 CFR Part 91: General Aviation
Accident occurred Monday, January 06, 2014 in Boyne City, MI
Probable Cause Approval Date: 09/24/2014
Aircraft: MOONEY M20R, registration: N1046L
Injuries: 2 Fatal.
NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
The instrument-rated pilot received weather data via a computerized flight planning service on the morning of the accident. The briefing included a synopsis for upper Michigan that indicated overcast conditions at 3,000 feet with cloud tops at 12,000 feet, visibility of 3 to 5 miles with light snow showers and mist, and wind from the northwest gusting to 25 knots. An airmen’s meteorological information was current for instrument flight rules conditions with ceilings below 1,000 feet and visibility below 3 miles with precipitation, mist, and blowing snow at the time of the accident. Several witnesses reported hearing the airplane heading west, which was in the direction of the departure airport. Another witness stated that, due to the snow, he could only see the airplane's lights but that it appeared that the airplane banked “hard,” pitched up and down, and accelerated as it descended. The airplane impacted terrain about 1 mile east of the airport in a heavily wooded valley. The airplane was substantially damaged from impact and a postimpact fire. One witness reported whiteout conditions and several witnesses reported that it was snowing heavily at the time of the accident. Dark light and gusting wind conditions were also present at the time of the accident. An examination of the airplane and engine did not reveal any preimpact anomalies that would have prevented normal operation. The pilot was likely trying to return to the airport after encountering dark night conditions and heavy snow showers and subsequently lost control of the airplane.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The pilot’s failure to maintain control of the airplane as he attempted to return to the airport after encountering dark night conditions and heavy snow showers.
HISTORY OF FLIGHT
On January 6, 2014, at 0706 eastern standard time, a Mooney M20R airplane, N1046L, collided with trees and terrain about 1 mile east of the Boyne City Municipal Airport (N98), Boyne City, Michigan. The instrument rated private pilot and the passenger on board were both fatally injured. The airplane was substantially damaged from impact with the terrain and a post impact fire. The airplane was registered to Chair Covers Leasing, Inc., and operated by the private pilot as a personal flight under the provision of 14 Code of Federal Regulations 91. Instrument meteorological conditions prevailed for the personal flight and an instrument flight rules (IFR) flight plan was filed. The flight was originating at the time of the accident with a destination of the Oakland/Troy Airport (VLL), Troy, Michigan.
The pilot flew the airplane from VLL to N98 on January 3, 2014. Upon his arrival at N98, the pilot parked the airplane in his hangar and did not receive any fuel services. According to a family member, the pilot and passenger were going to return to VLL on January 5, 2014, but delayed the flight until the next day due to the weather conditions. The pilot frequently flew the airplane between VLL and N98.
At 0614, the pilot used a commercial computerized flight planning service to obtain weather data and file an IFR flight plan. The flight plan included a proposed departure time of 0715. The route of flight was direct to the Grayling (CGG), Michigan very high frequency omnidirectional range (VOR) then direct to VLL. The pilot requested an en route altitude of 5,000 feet with an estimated time en route of 51 minutes. The pilot did not receive an IFR clearance.
There were several witnesses that either heard and/or saw the airplane prior to the accident. One witness reported hearing the airplane engine while the airplane was on the airport. She stated it sounded like the airplane took off to the east. Two witnesses who heard the airplane stated the engine sounded like it "choked up" and "tightened up." Other witnesses reported hearing normal, loud engine sounds. Some of the witnesses reported that it sounded as if the airplane was heading back toward the airport. Several witnesses stated it was snowing heavily and it was dark, so they were only able to see the lights on the airplane and not the airplane itself. One witness reported seeing the airplane descend at a 45 degree angle. Another witness stated that due to the snow he could only see the airplane's lights, but it appeared the airplane banked "hard", pitched up and down, and accelerated as it descended.
PERSONNEL INFORMATION
The pilot held a private pilot certificate with single-engine land airplane and instrument airplane ratings. He was issued a third class airman medical certificate on December 23, 2013. The medical certificate contained the limitation that the pilot must have glasses available for near vision. At the time of the examination the pilot reported having 1,400 hours of flight time, 50 hours of which were flown in the previous 6 months.
The pilot's logbook(s) were not located during the investigation. The pilot completed an insurance application on August 13, 2013. He reported on the application that he had 1,572 total hours of flight time, 1,497 hours of flight time in airplanes with retractable landing gear, 1,272 hours of flight time in Mooney M20R airplanes, and 100 hours of flight time in the previous year.
AIRCRAFT INFORMATION
The accident airplane was a 2001 Mooney model M20R airplane, serial number 29-0275. It was a low wing, single-engine airplane, with a retractable landing gear configuration. The airplane was powered by a 310-horsepower Continental IO-550-G6B reciprocating engine, serial number 684928. The airplane was issued a normal category airworthiness certificate on April 19, 2001. The pilot's company, Chair Covers Leasing, Inc., purchased the airplane on August 17, 2001.
The airframe, engine, and propeller logbooks were not located during the investigation. An airframe and powerplant mechanic who had worked on the airplane stated that he did not have any records and that it had been about a year since he had worked on the airplane. He stated that the last work he did on the airplane was probably an annual inspection.
The last known fuel records were obtained from N98 which showed the pilot purchased 63.5 gallons of 100LL aviation fuel on December 8, 2013.
METEOROLOGICAL CONDITIONS
The weather conditions recorded at the Charlevoix Municipal Airport (KCVX), Charlevoix, Michigan, located 16 miles northwest of the accident site were:
At 0655: wind from 340 degrees at 18 knots gusting to 27 knots, visibility 2.75 miles with light snow, sky condition 1,800 scattered, 2,500 feet broken, 2,900 feet overcast, temperature -12 degrees Celsius, dew point -16 degrees Celsius, and altimeter 29.75 inches of mercury.
At 0715: wind from 340 degrees at 18 knots gusting to 27 knots, visibility 1.25 miles with light snow, sky condition 1,400 feet broken, 2,300 feet broken, 2,900 feet overcast, temperature -12 degrees Celsius, dew point -16 degrees Celsius, and altimeter 29.75 inches of mercury.
The weather conditions recorded at the Gaylord Regional Airport (GLR), Gaylord, Michigan, located 19 miles southeast of the accident site were:
At 0653: wind from 330 degrees at 7 knots gusting to 16 knots, visibility 4 miles with light snow, sky condition 3,900 feet broken, 6,500 feet overcast, temperature -15 degrees Celsius, dew point -18 degrees Celsius, and altimeter 29.63 inches of mercury.
At 0714: wind from 330 degrees at 8 knots varying from 290 degrees to 010 degrees, visibility 1.75 miles with light snow, sky condition 3,400 feet overcast, temperature -15 degrees Celsius, dew point -18 degrees Celsius, and altimeter 29.63 inches of mercury.
The weather conditions recorded at the Harbor Springs Airport, (MGN), Harbor Springs, Michigan, located 15 miles north of the accident site were:
At 0654: wind from 320 degrees at 9 knots gusting to 15 knots varying between 290 degrees to 350 degrees, visibility 4 miles with light snow, sky condition 1,200 feet broken, 2,600 feet broken, 2,600 feet overcast, temperature -13 degrees Celsius, dew point -16 degrees Celsius, and altimeter 29.72 inches of mercury.
At 0715: wind from 300 degrees at 10 knots gusting to 15 knots varying from 290 degrees to 350 degrees, visibility 5 miles with haze, sky condition 1,500 feet scattered, 3,600 feet broken 5,000 feet overcast, temperature -13 degrees Celsius, dew point -17 degrees Celsius, and altimeter 29.72 inches of mercury.
Records indicate the pilot received a computerized weather briefing on the morning of the accident. The briefing included local observations, area forecasts and synopsis, notices to airmen, winds aloft, significant meteorological information (SIGMETS) and airmen's meteorological information (AIRMETS). The synopsis for upper Michigan called for overcast conditions at 3,000 feet with cloud tops at 12,000 feet, visibilities 3 to 5 miles with light snow showers and mist, and wind from the northwest gusting to 25 knots. An AIRMET issued for IFR conditions with ceilings below 1,000 feet and visibilities below 3 miles with precipitation, mist, and blowing snow.
A witness who heard the airplane while it was on the airport stated the wind velocity was 10 to 15 miles per hour and gusting. She stated it was dark and snowing at the time. She stated the blowing snow occasionally created white-out conditions. Several witnesses reported that it was snowing heavily at the time of the accident.
COMMUNICATIONS
The pilot did not receive an IFR clearance for the flight and there was no radio communication between the pilot and air traffic control. Local pilots reported that it was very difficult to contact air traffic control on the ground at N98 and that most pilots departing IFR from N98 pick up their clearances once airborne.
The airplane was below radar coverage for the area.
WRECKAGE AND IMPACT INFORMATION
Extreme winter weather conditions delayed the investigative team's arrival until January 9, 2014. Prior to the team's arrival, the wreckage was moved by Boyne City and Charlevoix County Sheriff's Office personnel to a secured hangar at N98.
The accident site was 1.07 miles east of the departure end of runway 09 at N98. The wreckage was located at the edge of a heavily wooded area that was in a valley between two rolling hills. The wooded area contained trees that ranged between 50 and 80 feet in height. A path of broken trees on the down sloping terrain was visible leading up to the snow covered ground impact area. The heading from the initial tree strike to the ground impact was 300 degrees. Broken tree branches indicated a descent angle of about 45 degrees. The distance from the initial tree impact to the main ground impact was about 200 feet.
The Charlevoix County Sheriff's Department reported the fuselage came to rest up against a tree that was near the initial ground impact. The engine was located about 100 feet northwest of the initial ground impact and the propeller was about 50 feet northwest of the engine. The right wing was located between the engine and the propeller. Portions of the wreckage were subjected to a postimpact fire.
The cockpit area including the instrument panel was destroyed by impact and fire damage. The center section of the fuselage below the floor remained attached to the inboard section of the right wing. The cockpit area above the floor was destroyed by impact and fire. All of the structural and flight control tubing sustained impact and fire damage. The aft fuselage was separated from the cockpit area. The rudder remained attached to the vertical stabilizer. The elevators remained attached to the horizontal stabilizers. The entire empennage sustained impact damage. The position of the landing gear jackscrew indicated the landing gear was in a transit position.
The right wing was separated from the airframe. Both the inboard and wingtip section of the wing were separated from the center portion of the wing. The inboard section of the wing, including the landing gear, remained attached to the lower portion of the fuselage. The inboard section of the wing sustained fire damage. The leading edge of the center section of the wing was crushed. The leading edge of the wing just outboard of the inboard portion of the aileron contained concave impact damage indicative of a tree strike. The aileron was attached to the wing. The flap was bent and separated from the wing. The fuel cap remained in place.
The left wing separated in numerous pieces. The flap separated from the wing in two pieces. The outboard section of the aileron remained attached to the wing. The inboard section of the aileron was crushed and separated from the wing. The leading edge of the wing, outboard of the fuel filler cap, sustained concave impact damage indicative of a tree strike. The fuel cap remained in place. The left landing gear was separated from the wing.
Flight control continuity to the wings could not be established due to the amount of impact damage and separation of the control push/pull tubes. Control continuity was established from the aft fuselage to the rudder and elevator control surfaces.
The propeller was separated from the engine. The propeller spinner was crushed around the propeller hub. All of the blades contained varying degrees of chordwise scratching and polishing. One blade was twisted and bent rearward. The tip of the blade was curled aft. Impact damage was visible on the trailing edge of the blade with a chunk of the blade missing. The outboard third of the second blade was curled aft about 270 degrees. The third blade was relatively straight with leading edge damage on the outboard section of the blade.
The engine was separated from the airframe. The engine sustained impact damage with the No. 6 cylinder pushed into the No. 4 cylinder. The piston pin on the No. 1 cylinder piston could not be removed and the pin would not clear the crankcase which prevented the crankshaft from being manually rotated. Cylinders Nos. 1, 3, and 5 were removed from the engine for examination. The intake and exhaust valves were intact. No anomalies were noted with the cylinders, pistons, crankshaft, camshaft, and bearing saddles. The magnetos, engine driven fuel pump, vacuum pump, spark plugs, fuel injection servo, oil pump, induction system, and fuel manifold were examined. The examination of the engine and engine components did not reveal any anomalies that would have prevented normal operation.
MEDICAL AND PATHOLOGICAL INFORMATION
Autopsies were performed on the pilot and passenger at Spectrum Health, Grand Rapids, Michigan on January 7, 2014. The cause of death for both the pilot and passenger was attributed to multiple blunt injuries.
Toxicology testing was performed by the Federal Aviation Administration Civil Aerospace Medical Institute. Testing results were negative for all substances in the screening profile.
CHARLEVOIX — Authorities on Tuesday dropped felony criminal charges against a staff member of a Northern Michigan newspaper for last month capturing video images amid the wreckage at the scene of a small airplane crash. Charlevoix County Prosecuting Attorney Allen Telgenhof said he dismissed a charge of "photographing bodies in a grave" against Damien Leist, 38, of Boyne City, pursuant to an agreement reached between his office and Leist, through Leist's attorney.
Following Tuesday's dismissal, Telgenhof and Leist issued a joint news release on the matter.
In the release, Telgenhof said, "The Charlevoix County Sheriff's Department and the Charlevoix County Prosecuting Attorney's Office respect the First Amendment rights of the news media to cover newsworthy events, and any media reports to the contrary are mistaken. In this case, the sheriff's department cooperated with a number of media outlets that were on the site, and made provisions to enable them to do their job. Unfortunately, Mr. Leist was not at the scene at the time this was done.
When Mr. Leist arrived a few hours later, the crash site was still subject to restricted access as part of the ongoing investigation into the crash. As a result of a misunderstanding of the directives of law enforcement, Mr. Leist gained access to the site and shot video footage of areas that he should not have had access to. The sheriff's department, the prosecutor's office, and Mr. Leist have pledged to work together to ensure such misunderstandings do not occur in the future."
The same release quoted Leist as saying, "I deeply respect the hard work of our friends in law enforcement, and I appreciate that they need to secure accident scenes as part of their investigation. The last thing I wanted to do was disturb the scene or their work. My only objective was to report on this tragic accident, just like my fellow journalists had done earlier that morning. My heart goes out to the families of the men who perished in the crash."
Leist, a Charlevoix County News employee, previously had a preliminary examination on the charge set for Tuesday afternoon.
The charge stemmed from a video Leist and another man made on Jan. 6 amid the wreckage at the site of an airplane crash near Boyne City. The video later could be found posted to the website YouTube.
Leist is employed by a Gaylord-based weekly newspaper called the Charlevoix County News. The paper is not affiliated with the Petoskey News-Review, nor the Charlevoix Courier.
Authorities additionally charged Leist as an habitual felon in connection with a 2011 felony of manufacturing and/or distributing medical marijuana, which could have increased his sentence on the just-dismissed felony, had he been convicted.
According to court documents, Charlevoix County deputies said Leist misled reserve deputies posted at the scene in order to gain access to the crash site. Court records also state the crash site still contained partial human remains when Leist and the other man arrived.
Leist previously told the News-Review he didn't see any bodies at the site.
Representatives from other media outlets, including the Petoskey News-Review, arrived at the crash site on snowmobiles escorted by police. However, at the site, they were not allowed within a certain distance of the wreckage. Leist appeared in the video immediately next to the wreckage.
Amended Michigan law in 1997 now includes photographing dead bodies in a grave as a crime and defines "grave" to include crash sites and disaster areas. Source: http://www.petoskeynews.com
CHARLEVOIX — A Charlevoix County News employee plead “not guilty” Tuesday in 90th District Court in Charlevoix County for a felony charge of “photographing bodies in a grave.”
Damien Leist, 38, of Boyne City, maintained his innocence to one felony count of photographing a dead body in a grave Jan. 6 at the site of a Boyne City airplane crash, where the defendant and another man videotaped themselves among the wreckage. Leist is employed by a weekly newspaper owned by a Gaylord company called the Charlevoix County News — it is not affiliated with the Petoskey News-Review.
Leist is additionally being charged as a habitual felon for a 2011 felony of manufacturing and/or distributing medical marijuana, which could increase his sentence if found guilty by one and a half the maximum of the original sentence.
Charlevoix County deputies allege Leist mislead reserved deputies posted at the location to gain access to the crash site, the affidavit states.
“If the cops would have told us that nobody is going up there, we would have gone home,” Leist told the News-Review last week.
The court records also state that partial remains were still located at the crash site.
Leist says he did not see any “bodies” at the crash site.
Other media outlets, including the Petoskey News-Review, were taken to the crash site on snowmobiles by police. However, at the site, they were not allowed within a certain distance of the wreckage. Leist filmed himself standing in the wreckage.
Michigan law was amended in 1997 to include photographing dead bodies in a grave as a crime and redefined “grave” to include crash sites and disaster areas.
Leist is set for a pretrial Tuesday, Feb. 18, and elected to forgo a public defender Tuesday.
Source: http://www.petoskeynews.com
THE MICHIGAN PENAL CODE (Excerpt)
Act 328 of 1931
750.160a Photograph of decedent located in human grave prohibited; exceptions; definitions.
Sec. 160a.
(1) Subject to subsection (2), a person shall not knowingly photograph or publicly display a photograph of all or a portion of a decedent located in a human grave.
(2) Subsection (1) does not apply to a person acting pursuant to a court order, to a person who has obtained the written consent of the decedent's next of kin if the decedent's death occurred less than 100 years before the photographing or public displaying, or to a person who photographs or publicly displays a photograph described in subsection (1) for law enforcement, medical, archaeological, or scientific purposes.
(3) As used in this section:
(a) “Bottomlands of the Great Lakes” means bottomlands as that term is defined in section 76101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.76101.
(b) “Decedent” means a dead human being.
(c) “Human grave” means any of the following:
(i) A site in this state intended for the permanent interment of all or a portion of a decedent.
(ii) A location in this state, including the bottomlands of the Great Lakes, that contains all or a portion of a decedent who died in an accident or disaster and from which it is impracticable or not intended to remove all or a portion of the decedent. A location under this subparagraph includes a shipwreck and a site in the immediate vicinity of a shipwreck in which all or a portion of a decedent is located, and a mine or other underground location within which all or a portion of a decedent is located.
(d) “Photograph” includes an image on videotape, motion picture or other film, or an image captured by digital means.
http://www.legislature.mi.gov
Act 328 of 1931
750.160a Photograph of decedent located in human grave prohibited; exceptions; definitions.
Sec. 160a.
(1) Subject to subsection (2), a person shall not knowingly photograph or publicly display a photograph of all or a portion of a decedent located in a human grave.
(2) Subsection (1) does not apply to a person acting pursuant to a court order, to a person who has obtained the written consent of the decedent's next of kin if the decedent's death occurred less than 100 years before the photographing or public displaying, or to a person who photographs or publicly displays a photograph described in subsection (1) for law enforcement, medical, archaeological, or scientific purposes.
(3) As used in this section:
(a) “Bottomlands of the Great Lakes” means bottomlands as that term is defined in section 76101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.76101.
(b) “Decedent” means a dead human being.
(c) “Human grave” means any of the following:
(i) A site in this state intended for the permanent interment of all or a portion of a decedent.
(ii) A location in this state, including the bottomlands of the Great Lakes, that contains all or a portion of a decedent who died in an accident or disaster and from which it is impracticable or not intended to remove all or a portion of the decedent. A location under this subparagraph includes a shipwreck and a site in the immediate vicinity of a shipwreck in which all or a portion of a decedent is located, and a mine or other underground location within which all or a portion of a decedent is located.
(d) “Photograph” includes an image on videotape, motion picture or other film, or an image captured by digital means.
http://www.legislature.mi.gov
NTSB Identification: CEN14FA102
14 CFR Part 91: General Aviation
Accident occurred Monday, January 06, 2014 in Boyne City, MI
Aircraft: MOONEY M20R, registration: N1046L
Injuries: 2 Fatal.
This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
On January 6, 2014, at 0700 eastern standard time, a Mooney M20R airplane, N1046L, collided with trees and terrain about 1 mile east of the Boyne City Municipal Airport (KN98), Boyne City, Michigan. The private pilot and the passenger on board were both fatally injured. The airplane was substantially damaged from impact with the terrain and a post impact fire. The airplane was registered to Chair Covers Leasing, Inc., and operated by the private pilot under the provision of 14 Code of Federal Regulations 91. The purpose of the flight is unknown at this time. Visual meteorological conditions prevailed for the flight and an instrument flight rules (IFR) flight plan was filed. The flight was originating at the time of the accident with a destination of the Oakland/Troy Airport (KVLL), Troy, Michigan.
The airplane departed KN98 just prior to the accident. At 0655, the weather conditions recorded at the Charlevoix Municipal Airport (KCVX), Charlevoix, Michigan, located 16 miles northwest of the accident site were: wind from 340 degrees at 18 knots gusting to 27 knots, visibility 2.5 miles with light snow, sky condition 2,600 broken, 3,200 broken, 4,200 overcast, temperature -12 degrees Celsius, dew point -16 degrees Celsius, and altimeter 29.76 inches of mercury.
The pilot used a commercial computerized flight planning service to file the IFR flight plan. The flight plan included a proposed departure time from KN98 of 0715. The route of flight was direct to the Grayling very high frequency omnidirectional range (VOR) then direct to KVLL. There were no known communications between the airplane and air traffic control.
14 CFR Part 91: General Aviation
Accident occurred Monday, January 06, 2014 in Boyne City, MI
Aircraft: MOONEY M20R, registration: N1046L
Injuries: 2 Fatal.
This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
On January 6, 2014, at 0700 eastern standard time, a Mooney M20R airplane, N1046L, collided with trees and terrain about 1 mile east of the Boyne City Municipal Airport (KN98), Boyne City, Michigan. The private pilot and the passenger on board were both fatally injured. The airplane was substantially damaged from impact with the terrain and a post impact fire. The airplane was registered to Chair Covers Leasing, Inc., and operated by the private pilot under the provision of 14 Code of Federal Regulations 91. The purpose of the flight is unknown at this time. Visual meteorological conditions prevailed for the flight and an instrument flight rules (IFR) flight plan was filed. The flight was originating at the time of the accident with a destination of the Oakland/Troy Airport (KVLL), Troy, Michigan.
The airplane departed KN98 just prior to the accident. At 0655, the weather conditions recorded at the Charlevoix Municipal Airport (KCVX), Charlevoix, Michigan, located 16 miles northwest of the accident site were: wind from 340 degrees at 18 knots gusting to 27 knots, visibility 2.5 miles with light snow, sky condition 2,600 broken, 3,200 broken, 4,200 overcast, temperature -12 degrees Celsius, dew point -16 degrees Celsius, and altimeter 29.76 inches of mercury.
The pilot used a commercial computerized flight planning service to file the IFR flight plan. The flight plan included a proposed departure time from KN98 of 0715. The route of flight was direct to the Grayling very high frequency omnidirectional range (VOR) then direct to KVLL. There were no known communications between the airplane and air traffic control.
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