Thursday, March 24, 2016

Cessna 182F Skylane, registered to a private individual and operated by Pacific Coast Flyers, N5738F: Fatal accident occurred August 06, 2015 in Montecito, Santa Barbara County, California

Aviation Accident Final Report - National Transportation Safety Board: https://app.ntsb.gov/pdf

Aviation Accident Data Summary - National Transportation Safety Board: https://app.ntsb.gov/pdf

NTSB Identification: WPR15FA236
14 CFR Part 91: General Aviation
Accident occurred Thursday, August 06, 2015 in Montecito, CA
Probable Cause Approval Date: 08/28/2017
Aircraft: CESSNA 182F, registration: N5738F
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 commercial pilot was conducting a cross-country business flight. While en route to the destination airport, the pilot reported to an air traffic controller that they were going to lose an engine. The flight was over mountainous terrain; the controller provided nearby airports to the pilot, and the pilot chose a diversionary airport. The pilot then reported that the airplane was experiencing vibrations and that he could not see anything due to oil on his windscreen, as well as smoke that had entered into the cabin. The controller told the pilot that he would report an emergency for him; no further communications were received from the pilot. The airplane was located the following morning in mountainous terrain. 

The airplane struck a mountain at an elevation of 3,554 ft. On-site examination of the wreckage revealed that the airplane came to rest inverted with the undercarriage covered in oil from the nose to the tail. An examination of the airframe revealed no mechanical anomalies that would have precluded normal operation.

The engine teardown examination revealed a hole in the engine crankcase above the No. 6 connecting rod. The No. 5 connecting rod had fractured and separated from the crankshaft, which caused internal damage to the engine and led to the loss of engine power. The internal components exhibited signs of oil starvation; however, the cause of the oil starvation could not be determined. 

Although a small amount of ethanol was detected in the pilot's cavity blood, no ethanol was detected in the vitreous or urine, indicating that the detected ethanol was likely due to postmortem production and did not contribute to the accident. Although the pilot's tissue samples tested positive for small amounts of the inactive metabolite of marijuana, no active drug was detected in the pilot's blood; therefore, the pilot was likely not experiencing significant effects from his marijuana use at the time of the accident.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
Oil starvation that led to the failure of the No. 5 connecting rod and a subsequent loss of engine power.




Birger Greg Bacino

David Keith Martz



The National Transportation Safety Board traveled to the scene of this accident.

Additional Participating Entities:
Federal Aviation Administration / Flight Standards District Office; Van Nuys, California
Textron Aviation; Wichita, Kansas
Continental Motors Inc.; Mobile, Alabama

Aviation Accident Factual Report - National Transportation Safety Board:  https://app.ntsb.gov/pdf

Investigation Docket - National Transportation Safety Board: https://dms.ntsb.gov/pubdms

Operator: Pacific Coast Flyers


http://registry.faa.gov/N5738F




NTSB Identification: WPR15FA236
14 CFR Part 91: General Aviation
Accident occurred Thursday, August 06, 2015 in Montecito, CA
Aircraft: CESSNA 182F, registration: N5738F
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.

HISTORY OF FLIGHT

On August 6, 2015, about 2210 Pacific daylight time, a Cessna 182F airplane, N5738F, impacted mountainous terrain about 15 miles northeast of Montecito, California. The pilot and passenger were fatally injured, and the airplane sustained substantial damage. The airplane was registered to a private individual and operated by Pacific Coast Flyers as a 14 Code of Federal Regulations Part 91 cross-country business flight. Night visual meteorological conditions existed near the accident site about the time of the accident, and no flight plan had been filed. The flight had departed from the San Luis County Regional Airport, San Luis Obispo, California, at an undetermined time, and was destined for Mc Clellan-Palomar Airport, Carlsbad, California.

The pilot checked in with Point Mugu Approach Control at 2147:31. Less than 1 minute later, the pilot reported that there was a problem, and reported that he wasn't sure where they were going from here, and asked for directions. At 2148:26, the pilot reported that they were going to lose an engine, and then stated, "here something just happened." The controller and the pilot then discussed nearby diversionary airports, they chose Santa Barbara. At 2149:27, the pilot reported vibrations and that he couldn't see anything. He then reported an oil problem, "I think… we lost something." At 2150:21, the pilot reported that smoke was coming into the cabin; the controller told the pilot he was going to declare an emergency for him. No further communications were received from the pilot after 2150:58. At 2151:34, the approach controller reported to the Los Angeles Air Route Traffic Control Center that the accident airplane had blown something, that the windshield was covered with oil, that there was smoke in the cockpit, and that the pilot was attempting to get to Santa Barbara.

The Ventura County Sheriff's Department located the airplane wreckage the next morning at 0430 in mountainous terrain.

PERSONNEL INFORMATION

The pilot held a commercial pilot certificate with a rotorcraft-helicopter rating, and private pilot privileges for airplane single- and multiengine land.
The pilot's personal flight records were not located. A review of the Federal Aviation Administration (FAA) airmen medical records revealed that the pilot was issued a time-limited, special issuance, second-class on March 7, 2015. On his medical certificate application, the pilot reported 6,250 total flight hours and 50 hours in the previous 6 months. The Aerospace Medical Certification Division withdrew the special issuance and issued a general denial on April 27, 2015, for alcohol dependence and failure to report a 2013 DUI. On July 29, 2015, the pilot requested a reconsideration because he had completed alcohol treatment and was in aftercare, but a decision was pending at the time of the accident.

AIRCRAFT INFORMATION

The four-seat, high-wing, fixed-gear airplane, serial number 18254796, was manufactured in 1963. It was powered by a Continental Motors O-470-R 230-horsepower reciprocating engine.

The airplane was purchased by a private owner on November 22, 2014, and was leased to Pacific Coast Flyers as a rental airplane.

A review of the airplane's maintenance logbook revealed that an annual/100-hour inspection was completed on May 1, 2015, at which time the airframe total time was 6,050.25 hours, and the engine time since major overhaul was 250.4 hours.

The engine was overhauled by Corona Aircraft Engines, Corona, California; test run, and returned to service on September 10, 2009, as a zero hours-SMOH engine. The engine was installed on the accident airplane on September 18, 2009, at an airframe total time of 5,529.85 hours.

A March 18, 2011, Blackstone Laboratories oil sample report noted that there was an excessive amount of metal in an oil sample; that had been submitted for testing, and suggested a thorough inspection of the engine before operating the airplane. An April 29, 2013, oil sample report noted that there was some improvement, but that an excessive amount of metal was still present in the oil sample, and that "this engine could have some serious issues in the works." The report suggested that the operator look for cylinder issues and/or exhaust valve guide problems, change the oil every 30 hours, and proceed with caution.

A December 9, 2013, Blackstone Laboratories oil sample report indicated that the amount of wear metals in the sample were "coming down" from previous samples, but recommended that the operator try a shorter oil run to wash out the excess metals and then resample the oil in about 30 hours. An April 15, 2014, oil sample report showed that the amount of wear metals in the oil sample were much lower, and that the improvements were promising. The laboratory suggested using another shorter oil run, and submitting another sample. A February 19, 2015, oil sample report stated that the oil sample was better than past samples, and that the wear metals were in the average range. There was no contamination identified at this time; engine total time was 486 hours since major overhaul.

METEOROLOGICAL INFORMATION

The nearest weather reporting station from the accident site was located 23 nautical miles southwest of the accident site at the Santa Barbara Municipal airport (SBA), Santa Barbara, California.

At 2153, the weather was reported as clear sky, visibility 10 statute miles. The temperature was 21 degrees C, dew point was 17 degrees C. The wind was from 100 degrees at 6 knots. The altimeter setting was 29.83 Hg.
The end of civil twilight occurred at 2023.

WRECKAGE AND IMPACT INFORMATION

The airplane impacted a mountain at an elevation of 3,554 ft. The airplane came to rest inverted on a near-vertical slope about 300 feet below the top of the ridgeline; the airplane came to rest about 50 ft below the impact point. The airframe examination revealed no mechanical anomalies that would have precluded normal operation.

Oil was observed on the airplane's undercarriage from the nose to the tail cone. A visual examination of the engine revealed a hole in the top of the engine case near the No. 6 cylinder. The engine was shipped to the manufacturer for further examination.

MEDICAL AND PATHOLOGICAL INFORMATION

The Santa Barbara County Sheriff-Coroner, Coroner's Bureau, conducted an autopsy on the pilot. The cause of death was reported as "multiple traumatic injuries."

The FAA's Bioaeronautical Sciences Research Laboratory, Oklahoma City, Oklahoma, performed toxicology testing on specimens from the pilot. The testing detected 0.0431 and 0.002 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid, the inactive metabolite of marijuana in the liver and cavity blood respectively; no tetrahydrocannabinol (marijuana) was detected in the cavity blood.

No ethanol was detected in the urine or vitreous; 67 (mg/dL, mg/hg) ethanol was detected in cavity blood.

TEST AND RESEARCH

An engine teardown examination was performed, and it revealed that the No. 5 connecting rod had fractured and separated from the crankshaft, which caused internal damage to the engine. The engine's internal components exhibited signs of oil starvation. Residual oil was found in the top and front of the engine crankcase.

NTSB Identification: WPR15FA236
14 CFR Part 91: General Aviation
Accident occurred Thursday, August 06, 2015 in Montecito, CA
Aircraft: CESSNA 182F, registration: N5738F
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 August 6, 2015, about 2210 Pacific daylight time, a Cessna 182F, N5738F, impacted mountainous terrain about 15 miles northeast of Montecito, California. The pilot operated the rental airplane from Pacific Coast Flyers, under the provisions of 14 Code of Federal Regulations Part 91, as a business cross-country flight. The pilot and one passenger were fatally injured, and the airplane sustained substantial damage. The flight had departed from the San Luis County Regional Airport (SBP), San Luis Obispo, California, at an undetermined time. The flight was destined for Mc Clellan-Palomar Airport (CRQ), Carlsbad, California. Night visual meteorological conditions prevailed for the cross-country flight, and no flight plan had been filed. 

The pilot radioed a mayday call to an air traffic controller at Point Magu Naval Air Station, and indicated that he had oil on his windscreen and smoke in the cockpit. Subsequently radio and radar contact was lost. An Alert Notification (ALNOT) was issued at 2212. The airplane was located the following morning at 0430 in mountainous terrain by the Ventura County Sheriff's Department.

Santa Barbara County Sheriff's Department and a Search and Rescue crew accessed the site, and reported that the airplane came to rest inverted about 300 feet from the top of the ridgeline. 

The National Transportation Safety Board, Federal Aviation Administration, and Cessna Aircraft responded to the site. The airplane had impacted the mountain about 50 feet above its final resting spot. Oil was observed from the nose of the airplane to the tail cone.  A further inspection of the airplane will take place following its recovery. The National Transportation Safety Board traveled to the scene of this accident.

Additional Participating Entities:
Federal Aviation Administration / Flight Standards District Office; Van Nuys, California
Textron Aviation; Wichita, Kansas 
Continental Motors Inc.; Mobile, Alabama 

Aviation Accident Factual Report - National Transportation Safety Board:  https://app.ntsb.gov/pdf

Investigation Docket - National Transportation Safety Board: https://dms.ntsb.gov/pubdms

Operator: Pacific Coast Flyers

http://registry.faa.gov/N5738F

NTSB Identification: WPR15FA236
14 CFR Part 91: General Aviation
Accident occurred Thursday, August 06, 2015 in Montecito, CA
Aircraft: CESSNA 182F, registration: N5738F
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.

HISTORY OF FLIGHT

On August 6, 2015, about 2210 Pacific daylight time, a Cessna 182F airplane, N5738F, impacted mountainous terrain about 15 miles northeast of Montecito, California. The pilot and passenger were fatally injured, and the airplane sustained substantial damage. The airplane was registered to a private individual and operated by Pacific Coast Flyers as a 14 Code of Federal Regulations Part 91 cross-country business flight. Night visual meteorological conditions existed near the accident site about the time of the accident, and no flight plan had been filed. The flight had departed from the San Luis County Regional Airport, San Luis Obispo, California, at an undetermined time, and was destined for Mc Clellan-Palomar Airport, Carlsbad, California.

The pilot checked in with Point Mugu Approach Control at 2147:31. Less than 1 minute later, the pilot reported that there was a problem, and reported that he wasn't sure where they were going from here, and asked for directions. At 2148:26, the pilot reported that they were going to lose an engine, and then stated, "here something just happened." The controller and the pilot then discussed nearby diversionary airports, they chose Santa Barbara. At 2149:27, the pilot reported vibrations and that he couldn't see anything. He then reported an oil problem, "I think… we lost something." At 2150:21, the pilot reported that smoke was coming into the cabin; the controller told the pilot he was going to declare an emergency for him. No further communications were received from the pilot after 2150:58. At 2151:34, the approach controller reported to the Los Angeles Air Route Traffic Control Center that the accident airplane had blown something, that the windshield was covered with oil, that there was smoke in the cockpit, and that the pilot was attempting to get to Santa Barbara.

The Ventura County Sheriff's Department located the airplane wreckage the next morning at 0430 in mountainous terrain.

PERSONNEL INFORMATION

The pilot held a commercial pilot certificate with a rotorcraft-helicopter rating, and private pilot privileges for airplane single- and multiengine land.
The pilot's personal flight records were not located. A review of the Federal Aviation Administration (FAA) airmen medical records revealed that the pilot was issued a time-limited, special issuance, second-class on March 7, 2015. On his medical certificate application, the pilot reported 6,250 total flight hours and 50 hours in the previous 6 months. The Aerospace Medical Certification Division withdrew the special issuance and issued a general denial on April 27, 2015, for alcohol dependence and failure to report a 2013 DUI. On July 29, 2015, the pilot requested a reconsideration because he had completed alcohol treatment and was in aftercare, but a decision was pending at the time of the accident.

AIRCRAFT INFORMATION

The four-seat, high-wing, fixed-gear airplane, serial number 18254796, was manufactured in 1963. It was powered by a Continental Motors O-470-R 230-horsepower reciprocating engine.

The airplane was purchased by a private owner on November 22, 2014, and was leased to Pacific Coast Flyers as a rental airplane.
A review of the airplane's maintenance logbook revealed that an annual/100-hour inspection was completed on May 1, 2015, at which time the airframe total time was 6,050.25 hours, and the engine time since major overhaul was 250.4 hours.

The engine was overhauled by Corona Aircraft Engines, Corona, California; test run, and returned to service on September 10, 2009, as a zero hours-SMOH engine. The engine was installed on the accident airplane on September 18, 2009, at an airframe total time of 5,529.85 hours.

A March 18, 2011, Blackstone Laboratories oil sample report noted that there was an excessive amount of metal in an oil sample; that had been submitted for testing, and suggested a thorough inspection of the engine before operating the airplane. An April 29, 2013, oil sample report noted that there was some improvement, but that an excessive amount of metal was still present in the oil sample, and that "this engine could have some serious issues in the works." The report suggested that the operator look for cylinder issues and/or exhaust valve guide problems, change the oil every 30 hours, and proceed with caution.

A December 9, 2013, Blackstone Laboratories oil sample report indicated that the amount of wear metals in the sample were "coming down" from previous samples, but recommended that the operator try a shorter oil run to wash out the excess metals and then resample the oil in about 30 hours. An April 15, 2014, oil sample report showed that the amount of wear metals in the oil sample were much lower, and that the improvements were promising. The laboratory suggested using another shorter oil run, and submitting another sample. A February 19, 2015, oil sample report stated that the oil sample was better than past samples, and that the wear metals were in the average range. There was no contamination identified at this time; engine total time was 486 hours since major overhaul.

METEOROLOGICAL INFORMATION

The nearest weather reporting station from the accident site was located 23 nautical miles southwest of the accident site at the Santa Barbara Municipal airport (SBA), Santa Barbara, California.

At 2153, the weather was reported as clear sky, visibility 10 statute miles. The temperature was 21 degrees C, dew point was 17 degrees C. The wind was from 100 degrees at 6 knots. The altimeter setting was 29.83 Hg.
The end of civil twilight occurred at 2023.

WRECKAGE AND IMPACT INFORMATION

The airplane impacted a mountain at an elevation of 3,554 ft. The airplane came to rest inverted on a near-vertical slope about 300 feet below the top of the ridgeline; the airplane came to rest about 50 ft below the impact point. The airframe examination revealed no mechanical anomalies that would have precluded normal operation.

Oil was observed on the airplane's undercarriage from the nose to the tail cone. A visual examination of the engine revealed a hole in the top of the engine case near the No. 6 cylinder. The engine was shipped to the manufacturer for further examination.

MEDICAL AND PATHOLOGICAL INFORMATION

The Santa Barbara County Sheriff-Coroner, Coroner's Bureau, conducted an autopsy on the pilot. The cause of death was reported as "multiple traumatic injuries."

The FAA's Bioaeronautical Sciences Research Laboratory, Oklahoma City, Oklahoma, performed toxicology testing on specimens from the pilot. The testing detected 0.0431 and 0.002 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid, the inactive metabolite of marijuana in the liver and cavity blood respectively; no tetrahydrocannabinol (marijuana) was detected in the cavity blood.

No ethanol was detected in the urine or vitreous; 67 (mg/dL, mg/hg) ethanol was detected in cavity blood.

TEST AND RESEARCH

An engine teardown examination was performed, and it revealed that the No. 5 connecting rod had fractured and separated from the crankshaft, which caused internal damage to the engine. The engine's internal components exhibited signs of oil starvation. Residual oil was found in the top and front of the engine crankcase.



Birger Greg Bacino


David Keith Martz




David Keith Martz





NTSB Identification: WPR15FA236
14 CFR Part 91: General Aviation
Accident occurred Thursday, August 06, 2015 in Montecito, CA
Aircraft: CESSNA 182F, registration: N5738F
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 August 6, 2015, about 2210 Pacific daylight time, a Cessna 182F, N5738F, impacted mountainous terrain about 15 miles northeast of Montecito, California. The pilot operated the rental airplane from Pacific Coast Flyers, under the provisions of 14 Code of Federal Regulations Part 91, as a business cross-country flight. The pilot and one passenger were fatally injured, and the airplane sustained substantial damage. The flight had departed from the San Luis County Regional Airport (SBP), San Luis Obispo, California, at an undetermined time. The flight was destined for Mc Clellan-Palomar Airport (CRQ), Carlsbad, California. Night visual meteorological conditions prevailed for the cross-country flight, and no flight plan had been filed. 

The pilot radioed a mayday call to an air traffic controller at Point Magu Naval Air Station, and indicated that he had oil on his windscreen and smoke in the cockpit. Subsequently radio and radar contact was lost. An Alert Notification (ALNOT) was issued at 2212. The airplane was located the following morning at 0430 in mountainous terrain by the Ventura County Sheriff's Department.

Santa Barbara County Sheriff's Department and a Search and Rescue crew accessed the site, and reported that the airplane came to rest inverted about 300 feet from the top of the ridgeline. 

The National Transportation Safety Board, Federal Aviation Administration, and Cessna Aircraft responded to the site. The airplane had impacted the mountain about 50 feet above its final resting spot. Oil was observed from the nose of the airplane to the tail cone.

A further inspection of the airplane will take place following its recovery.
  


SAN DIEGO - More than six years after David Martz lost his license for in-flight sex acts with a porn star, the local pilot died in a fatal crash that also killed a San Diego father.

Now the passenger's family is hoping a lawsuit will help provide some answers.

“I’m sorry for this event,” said Martz.

Those were the words of an apologetic Martz – known as “Helicopter Dave” back in 2009.

The local pilot told 10News he filmed sex acts with a porn star in a helicopter above San Diego.

The scandal cost him his pilot's license. A year later, he got it back.

Then last August, while flying a Cessna 182 bound for Carlsbad, he crashed in a remote area outside of Santa Barbara, killing himself and Greg Bacino, owner of healthcare company Mutual Alliance.

“It's been very devastating for them to lose their dad,” said lawyer David Casey.

Casey represents two of Bacino's three children.

He says the mayday call from the doomed plane warned of smoke in the cockpit and oil on the windshield, which could point to a mechanical issue, but Casey also calls the pilot's past a giant red flag.

“Given the history that he had, the previous revocations, we think that put the owner of the plane should have been on notice, that he (Martz) should not have been flying,” said Casey.

Casey says Martz's license had been revoked two other times before the infamous flight was made public, including once for landing on a road to pick up rocker Tommy Lee.

But Martz’s problems weren’t over. Casey says Martz was facing yet another revocation hearing before he died for reasons that haven't been released.          

Casey has filed suit against the pilot's estate, the plane’s owner and Pacific Coast Flyers, the flying club that rented the plane.

“For someone to trust him to fly that plane, it's questionable,” said Casey.

Casey says he filed the suit so he can start getting engine records, and find out why he was close to losing his license again.

The final NTSB report on the crash is due out in a few months.

Pacific Coast Flyers declined to comment on the lawsuit.


Story and video:  http://www.10news.com

A wrongful death lawsuit was filed Thursday against a Carlsbad-based aircraft owner and its pilot in the death of San Diego resident Birger Greg Bacino last August in a plane crash near Montecito.

San Diego-based law firm CaseyGerry filed the suit in San Diego Superior Court on behalf of the two minor children of 56-year-old Bacino, a health-care executive who was traveling home from a business trip when he, along with the pilot, died in the crash, according to a news release from the firm.

The suit is against those allegedly responsible for the crash: the plane’s owner, Poddoubnvi Alexandrovich, Carlsbad-based flying club Pacific Coast Flyers Inc., which rented out the aircraft, and the estate of deceased pilot David Martz of San Diego.

David Casey, Jr., the lead attorney on the case, alleges that Martz, a longtime commercial pilot, had a history of suspension and revocation of his pilot’s license.

Bacino was the only passenger in a single-engine Cessna 182F airplane flown by Martz, which took off about 9 p.m. Aug. 6, 2015 from San Luis Obispo Regional Airport and was headed for McClellan-Palomar Airport in Carlsbad.

“The pilot radioed a mayday call to an air traffic controller at Point Magu Naval Air Station stating there was oil on the windscreen of the aircraft and smoke in the cockpit,” Casey Jr. said. “Shortly thereafter, all radio and radar contact was lost.”

The aircraft and the deceased passenger and pilot were discovered the following day in a remote area of Los Padres National Forest.

Original article can be found here: http://www.seasidecourier.com


A wrongful death lawsuit was filed on behalf of the two minor children of a San Diego resident killed in a plane crash last summer in Santa Barbara County, the family’s lawyer said Thursday.

Birger Greg Bacino died last August in a remote area of Los Padres National Forest, according to the suit filed in San Diego Superior Court on Wednesday.

The suit names the aircraft’s owner, Poddoubnvi Alexandrovich, Carlsbad- based flying club Pacific Coast Flyers Inc. — which rented out the plane — and the estate of deceased pilot David K. Martz.

Martz, a longtime commercial pilot, had a history of suspension and revocation of his pilot’s license, according to plaintiffs’ attorney David S. Casey Jr.

Bacino, 56, was the only passenger in the single-engine Cessna 182F flown by San Diego-based Martz, which took off from San Luis Obispo Regional Airport and was headed for McClellan-Palomar Airport in Carlsbad.

Bacino, a healthcare executive, was headed home to San Diego following a business trip.

“The pilot radioed a mayday call to an air traffic controller at Point Magu Naval Air Station stating there was oil on the windscreen of the aircraft and smoke in the cockpit,” Casey said. “Shortly thereafter, all radio and radar contact was lost. The aircraft was discovered the following day … both the passenger and pilot were killed.”

Original article can be found here: http://timesofsandiego.com

The pilot of a small plane that crashed earlier this month in Santa Barbara County, killing him and his passenger, had a long history of discipline by the Federal Aviation Administration and lacked the medical clearances required to fly.

Government records show that David K. Martz, 58, of San Diego lost his pilot's license three times over the years — the latest revocation occurring in 2009 after he had oral sex with an adult film actress while flying a helicopter.

Before the crash Aug. 6, Martz was facing a fourth revocation proceeding on allegations that he falsified his Federal Aviation Administration medical certificate related to two drunken driving convictions in 2013 and 2014. He surrendered the document in June during the agency's investigation.

The Federal Aviation Administration issues medical certifications to pilots after doctors determine they are healthy enough to operate aircraft.

"A person needs a pilot certificate and a current medical certificate to fly legally," said Ian Gregor, an Federal Aviation Administration spokesman in Los Angeles. "Mr. Martz did not have a valid medical certificate when last week's crash occurred."

Martz was at the controls of a Cessna 182F Skylane when it crashed into a steep hillside in a remote area of Los Padres National Forest north of Ojai. He reported engine trouble about 9:45 p.m., authorities said.

The plane was headed from Lompoc to McClellan-Palomar Airport in Carlsbad in north San Diego County. Also killed in the crash was Greg Bacino, 56, of San Diego.

Though Martz had a lengthy disciplinary record, it can be difficult for the Federal Aviation Administration to keep reckless, incompetent or rogue pilots out of the cockpit permanently. Under federal regulations, pilots can lose their licenses for a year and get them back by successfully re-testing after the revocation period expires.

There are exceptions, however. Air transport, commercial and private pilot licenses as well as medical certificates can be revoked permanently because of drug or alcohol dependencies, serious health issues, psychological problems, lack of good moral character, criminal convictions for narcotics trafficking or knowingly installing parts in aircraft that are not Federal Aviation Administration-certified.

According to Federal Aviation Administration records, Martz first lost his commercial pilot's license for a year in 1986 for flying an aircraft without a valid registration and possessing a false medical certificate — the same charge he was facing before the Santa Barbara crash.

His flight privileges were revoked again in 2004 for operating an aircraft while his pilot's license was suspended and flying within 50 feet of people and property at the Miramar Marine Corps Air Station in San Diego.

The third revocation occurred in 2009 for recklessly operating a four-passenger Bell helicopter Martz had lent to an adult film company. While at the controls and hovering over San Diego, he was captured on videotape receiving oral sex from a Swedish porn star.

The Federal Aviation Administration also has suspended Martz's license several times starting in 2002, when he lost his flight privileges for 30 days for performing aerobatics below an altitude of 1,500 feet over a populated area. A 230-day suspension followed in 2005 after he flew passengers in a helicopter he knew was damaged.

The Federal Aviation Administration also investigated Martz in 2006 for landing a helicopter on Wattles Drive in the Hollywood Hills to pick up Motley Crue drummer Tommy Lee, who wanted to go to a Nine Inch Nails concert.

No disciplinary action resulted, but the Los Angeles city attorney's office charged Martz with reckless operation of an aircraft, landing an aircraft on a public road and landing an aircraft without a permit, all misdemeanors. Frank Mateljan, a city attorney spokesman, said Martz was placed on 36 months' probation and fined $1,000 after pleading guilty to a lesser charge.

Three years later while transporting Lee again, Martz was forced to land his helicopter at Van Nuys Airport after he reportedly flew very close to a Los Angeles police chopper. Authorities said Martz took a Breathalyzer test to determine if he was intoxicated, but it was inconclusive.

Original article can be found here: http://www.latimes.com


SANTA BARBARA — The bodies of two San Diego men were found Friday in a plane that crashed in a remote area of the Los Padres National Forest in Santa Barbara County en route to Carlsbad.

Santa Barbara County authorities identified the pilot as David Keith Martz, 58, with passenger Birger Greg Bacino, 56. Martz, a long-time fixed wing and helicopter pilot in San Diego, has a record of having his pilot's license revoked or suspended.

Bacino had hired Martz, a commercial pilot, to fly him to a business meeting in San Luis Obispo and they were in a plane rented in San Diego, authorities said.

They were flying from Lompoc to McClellan-Palomar Airport in Carlsbad when they ran into trouble, authorities said.

The single-engine Cessna 182 reported losing engine power about 18 miles northeast of Santa Barbara about 9:45 p.m. Thursday, said Ian Gregor, spokesman for the Federal Aviation Administration.

A Mayday call was received, Hoover said.

The Civil Air Patrol reported in a statement that the plane left San Luis Obispo County Regional Airport at 8:30 p.m. Thursday.

The wreckage was spotted from the air about 4:30 a.m. Friday, said Kelly Hoover, spokeswoman for the Santa Barbara County Sheriff’s Office. Because of the rugged terrain, search and rescue crews could not reach the plane until about 7 a.m., she said.

Initially, only the pilot’s body was found in the plane. The second victim was located in the wreckage later Friday, she said.

The FAA and the National Transportation Safety Board are investigating the cause of the crash.

According to public records, Martz had his pilot’s license either revoked or suspended at least four times since 1986. He made headlines for stunts that included landing a helicopter in front of rocker Tommy Lee’s home in the Hollywood Hills, and filming himself engaging in a sex act with a woman while flying a helicopter over San Diego.

Original article can be found here: http://www.sandiegouniontribune.com

Plane crash victims’ questionable pasts:


Cal Coast News
By KAREN VELIE
August 9, 2015

The two men identified in a plane crash in the backcountry of Santa Barbara have been identified as a San Diego pilot and a businessman, both of whom have questionable backgrounds.

The pilot, David Keith Martz, 58, and his passenger, 56-year-old Birger Greg Bacino died in the Thursday night crash. Officials said Bacino had hired Martz, a commercial pilot, to fly him to a business meeting in San Luis Obispo in a plane rented in San Diego.

Since 1986, Martz license has been revoked or suspended four times, once for having sex while piloting a helicopter. Martz made headlines in 2009 for filming porn star Puma Swede performing oral sex on him as they flew over San Diego.

In 2010, Bacino plead guilty to workers compensation fraud, according to the Claims Journal.

According to court records, Bacino had been a successful trial lawyer when he decided to change occupations and became a real estate developer heavily involved in health care management. After several years, Bacino plead guilty to a criminal charge of capping (capping is illegal ambulance chasing).

In 2014, La Jolla Bank contested Bacino’s bankruptcy filing seeking relief of more than $14 million owed to the bank. The bank claimed Bacino’s bankruptcy filing should not result in discharging his debt because of Bacino’s false statements or fraud, according to a 2014 court decision in which a judge ruled in favor of the bank.

In 2015, Bacino started Ftlb LLC, a medical management company.

Last week, Martz flew Bacino to San Luis Obispo for a business meeting. On their return flight, Martz left the San Luis Obispo airport at about 9 p.m. and reported engine trouble shortly before their plane crashed in the Los Padres National Forest.

Story and comments:   http://calcoastnews.com

UPDATE 5:00 p.m.: The Santa Barbara County Sheriff's Office says two men were killed in the plane crash in rural Santa Barbara County on Thursday night.

The second victim was found with the help of Sheriff's Search and Rescue team members and County Air Support personnel in a remote area near Don Victor Trail. 

Both men are believed to be in their 50s or 60s. Their names have not yet been released.

UPDATE 10:30 a.m.: The Federal Aviation Administration has released preliminary information about the plane crash north of Ojai Thursday night.

The pilot of a single-engine Cessna 182 was flying from Lompoc to McClellan-Palomar Airport in Carlsbad. At approximately 9:45 p.m. Thursday, the pilot reported a loss of engine power about 18 miles northeast of Santa Barbara, according to the FAA's Lynn Lunsford.

The Santa Barbara County Sheriff's Office confirmed the pilot, who was the only person on board, was killed earlier this morning. Ventura County Fire says the crash site is in a remote area north of Jameson Lake, which is 30-40 miles north of Ojai.

As of now the identity of the pilot is still unknown as crews are dealing with steep, rugged terrain and working to retrieve the deceased to make a positive identification, according to the Santa Barbara County Sheriff's Office. A name will be released as soon as next of kin is notified.

The FAA and NTSB will investigate the crash.

UPDATE 8:30 a.m.: More information is being released about a plane crash in Santa Barbara County Thursday night.

The Santa Barbara County Sheriff’s Office confirms a pilot was killed when a small aircraft, which Ventura County Fire says is a Cessna 182, crashed north of Jameson Lake, which is 30-40 miles north of Ojai.

Multiple agencies were initially called out to assist in the search after the Mayday report came in at around 10:00 p.m. of the plane experiencing engine trouble. It was unknown for hours what county the plane was in or if it had crashed into the ocean.

The Sheriff’s Office says emergency locator transmissions were used to locate the plane on land in a remote area near the Don Victor Trail. The wreckage was spotted at around 4:30 a.m. Friday.

Crews were unable to access the crash site until close to 7:00 a.m. due to the rugged terrain, officials say. Once they were on scene, they say the pilot’s body was discovered.

The identity of the pilot was unknown as of 8:00 a.m. and the NTSB is being called out to handle the crash investigation.

UPDATE: 6:45 a.m.: Emergency crews responded to a report of a small plane that went down in Santa Barbara County late Thursday night. Officials said at least one person was on the Cessna 182 when it crashed.

The plane was found Friday morning by Ventura County Fire near the Don Victor campground just north of Jameson Lake. This area is about 30 to 40 miles north of Ojai.

Capt. Mike Lindbery with Ventura County Fire said the plane is a Cessna 182.

According to air traffic control, the plane was en route to San Diego.

Search crews from both Santa Barbara and Ventura counties combed the area surrounding Mono Creek in the Los Padres National Forest all night. It's a rugged area, so Santa Barbara County Fire said it searched from New Cuyama to Summerland.

The U.S. Coast Guard is no longer involved in the search.

Original article can be found here: http://www.ksby.com

The children of 56-year-old Birger Greg Bacino, a San Diego resident who died last summer in a Los Padres forest plane crash, are suing the deceased pilot, David Martz; the airplane’s owner, Poddoubnyi Alexandrovich; and Pacific Coast Flyers — the club that rented out the Cessna 182F — for negligence that led to their father’s death.

Bacino was a trial lawyer turned business owner. His company Premier Medical Management Systems was charged in 2007 in a multimillion-dollar workers’ compensation scam. Bacino previously pled guilty to “capping,” illegally soliciting business for a law firm. In 2014, he lost a $14 million personal bankruptcy case to La Jolla Bank. Most recently, he worked at Ftlb LLC, a medical management company he cofounded. On August 6, Bacino hired Martz to fly him from San Diego to an August 6 business meeting in San Luis Obispo.

One of the last people to see Martz alive that night at the San Luis Obispo County Regional Airport, a pilot in training, told The Santa Barbara Independent she noticed Martz because “he wasn’t drinking.” “It’s really bizarre they would just crash,” she added in a phone interview.

Around 10:10 p.m. August 6, Martz sent out a “mayday” radio call seconds before the Cessna went down in a remote area of Los Padres National Forest. The next morning, authorities found Martz and Bacino dead inside the plane, which crashed on rugged terrain near Don Victor Trail.

The complaint, filed March 23 in San Diego County Superior Court, alleges the Carsbald flying club known as Pacific Coast Flyers “negligently and carelessly maintained, repaired, rebuilt, prepared, fueled, inspected, and rented the Cessna 182F, which was a substantial factor in causing the [plane] to experience mid-flight failures causing the crash” that killed Bacino.

The complaint further charges that Martz’s “carelessness and negligence” in flying the plane — which he did with a suspended pilot’s license — contributed to Bacino’s death, and that Alexandrovich and the club knew or should’ve known Martz was unlicensed to fly.

Brody and Siena Bacino seek damages, lawsuit fees, and “loss of emotional support” (which would be determined by a jury). Because they are minors, Dann Shuetz acts as their guardian in the case. Representing the Bacino children is San Diego-based law firm CaseyGerry.

According to prosecuting attorney David Casey Jr., “[O]nce we file, we can get subpoenaed records to get maintenance reports on the plane” from Alexandrovich and the flying club. He anticipates Amanda Bacino, another claimant and heir to Birger Greg Bacino, will join the lawsuit. Pacific Coast Flyers declined to comment on pending litigation.

http://www.independent.com

SAN DIEGO — The family of a Rancho Santa Fe businessman has filed a wrongful death lawsuit against the airplane pilot, owner and rental company they blame for a fatal air crash in Santa Barbara County last fall.

The suit, filed in San Diego Superior Court, alleged that the defendants should have known the Cessna 182F was not in good repair and that the pilot, David K. Martz, also killed in the crash, was known to be reckless and not properly licensed to fly the rental plane.

The bodies of Martz and his passenger, Birger Greg Bacino, 56, were found amid the wreckage of the Cessna on Aug. 7, the day after they crashed into a mountain in Los Padres National Forest.

The lawsuit said Martz issued a mayday call to Point Magu Naval Air Station about 10:10 p.m. on Aug. 6, saying the plane was leaking oil that spread across the windscreen, and that the cabin and cockpit were smoking. Radio contact then broke off.

Crash investigators found oil on the outside of the Cessna from nose to tail, the lawsuit said.

The legal action was filed Wednesday on behalf of two of Bacino’s three children, Brody and Siena Bacino. It names Martz’s estate, Pacific Coast Flyers, Inc., a Vista-based flying club that rents planes, and Cessna owner Alexandrovich Poddoubnyi of Vista as defendants.

Efforts to reach Poddoubnyi and representatives of Pacific Coast Flyers for comment on Friday were not successful.

Bacino had hired Martz and the plane to fly him home from a business trip in San Luis Obispo back to San Diego County, to McClellan-Palomar Airport in Carlsbad, the suit said.

According to the lawsuit, Martz’s pilot’s license was revoked or suspended twice and he was cited for flight violations twice since 1986. He made headlines for stunts including landing a helicopter in front of rocker Tommy Lee’s home in the Hollywood Hills in 2006, and filming himself engaging in a sex act with a woman in a helicopter over San Diego in 2009.

The suit alleges the flying company and the owner should not have trusted Martz and didn’t properly maintain the Cessna, causing the fatal mid-flight failures.

The family seeks unspecified damages for wrongful death, loss of emotional support, care, and companionship. The suit noted that Bacino was not married at the time of his death.

Original article: http://www.sandiegouniontribune.com

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