NTSB Factual Report

On February 28, 2003, about 1130 Pacific standard time, an experimental Mitchell CH-801, N235RJ, broke apart in flight near Nicholas, California. The owner was operating the airplane under the provisions of 14 CFR Part 91. The private pilot and one passenger sustained fatal injuries; the airplane was destroyed. The personal local flight departed Rio Linda Airport (Q94), Rio Linda, California, about 1000. Visual meteorological conditions prevailed, and no flight plan had been filed.

A farm worker heard a thud and noticed debris in the air about 1130. Several hours later he informed the farm owner of his observations. They went to investigate and discovered the wreckage.

The Federal Aviation Administration (FAA) accident coordinator examined the debris field. He estimated that the debris path was 2 miles long. The debris path was along a magnetic bearing of 340 degrees. The top surface of the right wing was the first item in the debris path. The next pieces were the vertical and horizontal stabilizers. They were approximately 400 feet away from the right wing top, and 50 feet apart from each other. The remainder of the right wing was 800 feet past the stabilizers. The left wing was an additional 300 feet away. The fuselage was near the end of the debris trail.

A Safety Board investigator examined the wreckage at Plain Parts in Pleasant Grove, California.

Rivet holes at separation points were elongated and/or deformed. Fracture surfaces were angular and irregularly shaped.

The top 7-foot portion of the right wing separated. The inboard spar/rib structure bent aft and twisted outward. The inboard 5 feet of the main spar bent aft about 80 degrees. The right wing strut displayed 45-degree fracture angles at the midpoint and root locations.

The left wing remained nearly intact. The main strut pulled out of the wing, and the fitting rolled 180 degrees. The strut remained connected at the root attach point.

The fore and aft attach fittings on the left side of the empennage displayed smooth, 45-degree edges at the failure points. The right fittings pulled out of the fuselage. The elevator had been modified with 11-inch tip extensions. Rivets sheared through the rudder's bottom hinge.

A black rubber mark was on the leading edge slat. One engine mount, secured by an AN-5 bolt, had a 3/16-inch gap on the engine side of the firewall.

The FAA Toxicology Accident Research Laboratory, Oklahoma City, Oklahoma, conducted toxicological testing. They tested the pilot and passenger for carbon monoxide, cyanide, ethanol, and drugs.

The pilot's test had the following results:

tetrahydrocannobinol (marihuana) detected in Blood

0.013 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid (marihuana) detected in Urine

0.0124 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid (marihuana) detected in Blood

0.0332 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid (marihuana) detected in Liver

The passenger's test had the following results:

0.0055 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid (marihuana) detected in Blood

0.0309 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid (marihuana) detected in Liver

0.0214 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid (marihuana) detected in Blood

1.0212 (ug/ml, ug/g) tetrahydrocannabinol carboxylic acid (marihuana) detected in Liver

fluoxetine detected in Blood

fluoxetine detected in Blood

0.475 (ug/ml,ug/g) norfluoxetine detected in Blood

norfuoxetine detected in liver

According to FAA Advisory Circular AC 20-27F, Certification and Operation of Amateur-Built Aircraft, "Amateur builders are free to develop their own designs or build from existing designs. We do not approve these designs and it would be impractical to develop design standards for the wide variety of design configurations, created by designers, kit manufacturers, and amateur builders."

NTSB Probable Cause

an in-flight structural failure due to the pilot exceeding the design limitations of the airplane. Drug impairment was a factor.