Tuesday, August 10, 2021

North Wing Mustang, Unregistered: Fatal accident occurred July 09, 2021 in Albany, Linn County, Oregon

A plaintiff's lawyer has taken the first steps into what could become a lawsuit against the city of Albany following a mid-summer crash of an ultralight aircraft hangared at the Albany Municipal Airport, according to a document on file with the city.

Just before 9 p.m. on July 9, an ultralight aircraft plunged nose-first into a Millersburg grass seed field, killing the pilot, Charles “Chuck” Kizer, and a passenger, Matthew Irish. It happened just 200 yards from Irish’s home.

The tort notice received by the city claims damages against city of Albany and employees, naming airport managers Robb Romeo, Chris Bailey and Jon Goldman, the latter who has since left the city. It was filed by a law firm that specializes in aviation-related lawsuits on behalf of the Irish family.

The Albany City Council held an executive session during its meeting on Wednesday, December 1, to discuss the potential litigation. Following the discussion, which was closed to the public, the council voted unanimously to indemnify — cover the legal costs for — the three city staffers named in the tort notice, which often serves as a precursor to a lawsuit.

Mayor Alex Johnson II recused himself from the vote due to a pre-existing relationship with the claimant, according to a statement from City Manager Peter Troedsson.

The mayor was reportedly a close friend of Irish, whose wife, Elizabeth, served as Johnson’s political campaign manager. The men also officiated high school football together. Johnson had also commended Kizer for his service to the community after the crash.

National Transportation Safety Board investigators were assisted by Linn County Sheriff’s Office deputies in combing through the wreckage and photographing the crash scene. A final report on the investigation is not yet available.

The unregistered amateur-built aircraft was a North Wing Mustang 3 weight-shift-control trike, according to the NTSB’s preliminary investigation report, which states that the pilot, Kizer, was an uncertified pilot. Pilot licenses are not required to fly ultralights. 

The report states that after overflying the pilot’s home, located about 4,000 feet north of the airport, the flight continued east for around 3.3 miles before turning left to overfly close to the passenger’s home in the dusky but clear evening sky.

Several witnesses on the ground recorded the airplane maneuvering on their mobile phone devices. The report states an analysis of those videos shows the aircraft banked left to a near 90-degree turn. The left wing continued to drop down and the aircraft descended toward the ground as the turn tightened, impacting in left-wing low attitude.

 
ZoĆ« Keliher,  Air Safety Investigator 






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. 

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

Additional Participating Entity: 
Federal Aviation Administration / Flight Standards District Office; Hillsboro, Oregon 

Location: Albany, OR
Accident Number: WPR21FA265
Date & Time: July 9, 2021, 20:51 Local 
Registration: UNREGISTERED
Aircraft: North Wing Mustang
Injuries: 2 Fatal
Flight Conducted Under: Part 91: General aviation - Personal

On July 9, 2021, about 2051 Pacific daylight time, an unregistered experimental, amateur-built North Wing Mustang 3 weight-shift-control trike, was substantially damaged when it was involved in an accident near Millersburg, Oregon. The noncertificated pilot and passenger were fatally injured. The airplane was operated as a Title 14 Code of Federal Regulations Part 91 personal flight.

According to family members, the pilot and passenger departed from the pilot’s home airport in Albany, Oregon. After overflying the pilot’s home, located about 4,000 ft north of the airport, the flight continued northeast for about 3.3 miles. The aircraft then turned left and overflew close to the passenger’s home see picture 1).



Several witnesses on the ground recorded the airplane maneuvering on their mobile phone devices. A review of those videos disclosed that the airplane banked to the left to a near 90° turn. The left wing continued to drop down and the aircraft descended toward the ground as the turn tightened. The aircraft impacted the terrain in a left-wing low attitude (see picture 2).



Aircraft and Owner/Operator Information

Aircraft Make: North Wing 
Registration: UNREGISTERED 
Model/Series: Mustang 3
Aircraft Category: Weight-shift
Amateur Built: Yes
Operator: On file 
Operating Certificate(s) Held: None
Operator Designator Code:

Meteorological Information and Flight Plan

Conditions at Accident Site: VMC
Condition of Light: Dusk
Observation Facility, Elevation: KSLE,201 ft msl
Observation Time: 20:56 Local
Distance from Accident Site: 13 Nautical Miles
Temperature/Dew Point: 27°C /13°C
Lowest Cloud Condition: Clea
r Wind Speed/Gusts, Direction: 5 knots / , 290°
Lowest Ceiling: None
Visibility: 10 miles
Altimeter Setting: 29.99 inches Hg
Type of Flight Plan Filed: None
Departure Point: Albany, OR (S21) 
Destination: Albany, OR

Wreckage and Impact Information

Crew Injuries: 1 Fatal
Aircraft Damage: Substantial
Passenger Injuries: 1 Fatal 
Aircraft Fire: None
Ground Injuries: 
Aircraft Explosion: None
Total Injuries: 2 Fatal 
Latitude, Longitude: 44.695371,-123.08215 (est)

Those who may have information that might be relevant to the National Transportation Safety Board (NTSB) investigation may contact them by email witness@ntsb.gov, and any friends and family who want to contact investigators about the accident should email assistance@ntsb.gov. You can also call the NTSB Response Operations Center at 844-373-9922 or 202-314-6290.

Charles “Chuck” Kizer, 57

Matthew Irish, 49


A well-known ultralight pilot and local handyman along with a close friend of Albany Mayor Alex Johnson II were killed when their aircraft crashed into a field in Millersburg  on Friday evening.

Charles “Chuck” Kizer, 57, was piloting the ultralight when witnesses said it went into a steep dive and crashed into a cut grass seed field south of Deciduous Avenue. Kizer and his passenger, Matthew Irish, 49, were both pronounced dead at the scene shortly after first responders arrived at about 8:52 p.m., said the Linn County Sheriff’s Office. 

"We lost two great people," Mayor Johnson said.  "I hope the community embraces, hugs and wraps the family in their love."

Johnson said he became quick friends with Irish after meeting him at a social event 8 years ago. 

"He was a great man," Johnson said. "I loved him dearly, I am going to miss him."

Irish and Kizer's wives were former business partners who until recently co-owned an adult care facility, Johnson said. Over the years he was able to get to know both of the men. 

Elizabeth Irish, Matt's wife, was Mayor Johnson's campaign manager.  Matthew Irish officiated high school football for a couple of seasons with Johnson. 

Both Kizer and his wife, Jennifer, have been active in community service in Albany.  Kizer was on the  Airport Advisory committee and Jennifer is a member of the Albany Planning Commission.

"Chuck was a community servant," summed up Johnson. 

Friday evening Johnson was called to be with the family at the Irish's Millersburg home after the accident.  

The crash happened within 200 yards of the Irish's home. "Elizabeth witnessed  the crash," Johnson said. 

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Also witnessing the crash were the  Andersen family who were walking in their neighborhood on Sedona Road when they saw the blue and white aircraft fly over them heading east to west. 

“We were on a walk,” said John Andersen, Millersburg resident and executive director of the Albany Girls & Boys Club.  “My kids saw the hang glider flying overhead so they were waving at that person.”

“As they were making a turn all we heard was this decline,” Andersen said. “And we heard a loud thud.”

Andersen and his wife sprinted to the corner of Sonora Drive and Woods Road, where Andersen’s wife ran across the street and several hundred yards through the harvested grass seed field to render aid while Andersen stayed with his children and called 911. 

A witness standing across the street from the Andersen family said she saw the craft plunge nose first into the ground. It crashed in the field between high tension power lines to the south and a housing development to the north. 

Albany and Jefferson Fire Departments and the Linn County Sheriff’s office responded to the scene. 

By mid-morning Saturday investigators from the National Transportation Safety Board with the assistance of Linn County Sheriff's deputies combed through the wreckage taking photos and examining portions of the aircraft. The ultralight came to rest with its wheels up 400 feet from the end of Barker Street in the Wood Estate subdivision. 

Visible on the ultralight's crumpled wing were the words Mustang 3-15. A web search indicates that the Mustang 3-15 is an ultralight aircraft manufactured by North Wing in East Wenatchee, Washington. No word was available on possible causes for the crash.

Kizer also operated  Handyman Xtreme, a business that specializes in decks, fences, pavers and yard maintenance, according to his Facebook page. 


Charles “Chuck” Kizer

A well-known ultralight pilot and local handyman along with a close friend of Albany Mayor Alex Johnson II were killed when their aircraft crashed into a field in Millersburg on Friday evening.

Charles “Chuck” Kizer, 57, was piloting the ultralight when witnesses said it went into a steep dive and crashed into a cut grass seed field south of Deciduous Avenue. Kizer and his passenger, Matthew Irish, 49, were both pronounced dead at the scene shortly after first responders arrived at about 8:52 p.m., said the Linn County Sheriff’s Office. 

"We lost two great people," Mayor Johnson said.  "I hope the community embraces, hugs and wraps the family in their love."

Johnson said he became quick friends with Irish after meeting him at a social event 8 years ago. 

"He was a great man," Johnson said. "I loved him dearly, I am going to miss him."

Irish and Kizer's wives were former business partners who until recently co-owned an adult care facility, Johnson said. Over the years he was able to get to know both of the men. 

Elizabeth Irish, Matt's wife, was Mayor Johnson's campaign manager.  Matthew Irish officiated high school football for a couple of seasons with Johnson. 

Both Kizer and his wife, Jennifer, have been active in community service in Albany.  Kizer was on the  Airport Advisory committee and Jensifer is a member of the Albany Planning Commission.

"Chuck was a community servant," summed up Johnson. 

Friday evening Johnson was called to be with the family at the Irish's Millersburg home after the accident.  

The crash happened within 200 yards of the Irish's home. "Elizabeth witnessed  the crash," Johnson said. 

Also witnessing the crash were the  Andersen family who were walking in their neighborhood on Sedona Road when they saw the blue and white aircraft fly over them heading east to west. 

“We were on a walk,” said John Andersen, Millersburg resident and executive director of the Albany Girls & Boys Club.  “My kids saw the hang glider flying overhead so they were waving at that person.”

“As they were making a turn all we heard was this decline,” Andersen said. “And we heard a loud thud.”

Andersen and his wife sprinted to the corner of Sonora Drive and Woods Road, where Andersen’s wife ran across the street and several hundred yards through the harvested grass seed field to render aid while Andersen stayed with his children and called 911. 

A witness standing across the street from the Andersen family said she saw the craft plunge nose first into the ground. It crashed in the field between high tension power lines to the south and a housing development to the north. 

Albany and Jefferson Fire Departments and the Linn County Sheriff’s office responded to the scene. 

By mid-morning Saturday investigators from the National Transportation Safety Board with the assistance of Linn County Sheriff's deputies combed through the wreckage taking photos and examining portions of the aircraft. The ultralight came to rest with its wheels up 400 feet from the end of Barker Street in the Wood Estate subdivision. 

Visible on the ultralight's crumpled wing were the words Mustang 3-15. A web search indicates that the Mustang 3-15 is an ultralight aircraft manufactured by North Wing in East Wenatchee, Washington. No word was available on possible causes for the crash.

Kizer also operated  Handyman Xtreme, a business that specializes in decks, fences, pavers and yard maintenance, according to his Facebook page. 

7 comments:

  1. Senseless and last time I checked Part 103 doesn't cover 2 seaters... where you need at least an LSA license. So had they lived or at least the pilot lived he would have been charged for reckless and careless operation of an aircraft.

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  2. just look at how close the power lines are in the background. It could be he saw the power lines and just turned sharply to avoid them. You can see them in the background of the crash photos and you can see them in the overhead photos

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  3. Engine petered out in the turn?
    “As they were making a turn all we heard was this decline”

    Wasn't very windy, but they had a tailwind at the last of it.
    KSLE 100356Z AUTO 29005KT 10SM CLR 27/13 A2999

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  4. Looks like another stall/spin scenario.

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  5. The excerpts from the video suggest a steep right(?) bank and probably just not enough vertical component of the lift vector to keep them aloft and perhaps a tightening turn but not sure about spin. Obviously the video tells more.
    Like the classic crash of the B-52 training for an airshow many years ago.
    The height in those still frames appears to be well above those power lines, but I could be wrong.

    I only fly SEL - does this type of aircraft need to be registered and does the pilot need to be certificated? I guess, but don't know, yes to both, and if so, the fact that the pilot was on the "Airport Advisory committee" would be ironic.

    Condolences to those close to them.

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    Replies
    1. On second look it appears to be a left turn; I got that wrong.

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    2. The article notes that the aircraft was flown under Part 91 of the Federal Air Regulations, which requires the aircraft to be registered and its pilot to be certificated -- and neither requirement was in place. All aircraft capable of carrying more than a single occupant must be registered and be piloted by a certificated operator.

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