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.
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.
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.
More details have emerged about a potential lawsuit against the city of Albany over a deadly ultralight aircraft crash in July, with the family of one of the deceased men claiming the city's negligence contributed to the accident.
The plane was hangared at the Albany Municipal Airport, which is owned and managed by the city. Albany city officials did not respond to requests for comment.
On the evening of July 9, Charles “Chuck” Kizer was flying a North Wing Mustang 3 with a passenger, Matthew Irish. The latter's wife and daughter were watching the fatal flight from their yard when the amateur pilot banked into a turn, then plummeted into a Millersburg field, killing both men.
Four months later, members of the Irish family want the city to accept responsibility for its role. Through their lawyer, they filed a tort notice, typically a precursor to a lawsuit, with the city, seeking claims damages against Albany and its employees.
They specifically name airport manager Robb Romeo, Chris Bailey and Jon Goldman, although Goldman has since left the city. The notice was filed by a law firm that specializes in aviation-related lawsuits.
The tort notice specifies claims of negligence, wrongful death and personal injury, alleging that airport staff had the authority and responsibility to stop Kizer from flying out of the airport with a passenger. It notes that Kizer was a member of the Airport Advisory Commission and should have known and followed regulations.
Kizer was a longtime amateur pilot, though he did not have a pilot’s license, which is not required to fly ultralight aircraft.
The U.S. Ultralight Association, an organization for enthusiasts, indicates on its homepage that this type of aircraft is designed for a single occupant only.
The tort notice alleges it was illegal for Kizer to fly with a passenger onboard. It also claims Kizer’s aircraft was unsafe and not airworthy.
“Without having been warned by Albany or the airport manager that it was not safe to fly with Mr. Kizer or in his aircraft, or that Mr. Kizer was unlicensed and his aircraft [was] unregistered, unairworthy, and illegal, Matthew David Irish was unaware of the dangers of being a passenger,” the tort notice states.
“He certainly didn’t have the depth of experience that somebody who is a licensed pilot would have,” Jimmy Anderson, a Seattle-based attorney representing the Irish family, said of Kizer.
Matt Clarke, a Lake Oswego-based attorney from the same firm — Krutch Lindell Bingham Jones — said if the lawsuit moves forward, it would be filed in circuit court, likely within a few months. He added it’s possible that a resolution could be reached prior to court proceedings.
Irish’s wife and daughter were traumatized by witnessing the crash at close range, Clarke said. He said in cases such as this one, the jury would be asked to set the amount of damages, which could climb because of that trauma.
The total amount of damages is undetermined, Clarke said, but would exceed caps established by Oregon law, which are currently $782,600 for a single claimant, and $1,565,100 for multiple claimants in the same incident.
“Our investigation is ongoing, and part of that includes getting as much documentation and records from the city as we can,” Clarke said. “We do have information that gives us a basis to believe that it was pretty widely known that Mr. Kizer was not licensed and that he was regularly taking passengers up in his aircraft.”
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 provide legal defense for the three city staffers named in the tort notice.
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.
A preliminary report from the National Transportation Safety Board states that after flying over his home nearly a mile north of the airport, Kizer continued east for around 3 miles before turning left to fly over Irish’s home in the dusky but clear evening sky.
Witnesses on the ground recorded the incident on mobile phones. The report states an analysis of the videos showed the aircraft banked left to almost a 90-degree turn. The left wing continued dropping down and the aircraft descended toward the ground as the turn tightened before impact.