NTSB Factual Report

On August 18, 2000, at about 1910 eastern daylight time, a Burgess Air Command 432, N6292, registered to a private owner, operating as a 14 CFR Part 91 personal flight, crashed while maneuvering in the vicinity of Punta Gorda, Florida. Visual meteorological conditions prevailed and no flight plan was filed. The rotorcraft was destroyed. The recreational pilot was fatally injured. The flight originated from Punta Gorda at an undetermined time.

Witnesses stated they observed the aircraft flying overhead at a low altitude, and it was observed doing some abrupt maneuvers. A witness stated, "It looked like he was trying to do a trick." The engine was under power the entire time. Additional witnesses stated they observed the nose pitch up about 90 degrees, the aircraft banked 90 degrees to the left, went inverted, and fell out of the sky. Another witness who was located at her home with her daughter stated they saw the aircraft flying overhead at a low altitude. "Next thing I saw him do like a donut (go upside down) then it went straight into my trees and hit the power." (For additional information see Charlotte County Sheriff's Office/Punta Gorda, Florida, Incident/Offense Report, an attachment to this report.)

The original builder of the gyroplane plane stated he sold the aircraft to an individual in Fort Myers, Florida. The new owner sold the aircraft to the deceased pilot. The builder of the aircraft stated, "On Wednesday, August 17, while driving, I observed the gyro flying over a residential area at low altitude and doing radical maneuvers. The gyro was making steep turns and diving at the ground then doing steep pull-ups. I had planned on calling Jim when I got back in town on Saturday to discuss his flying with him regarding this incident. His crashed happened on Friday before I returned. Upon discussing this accident with other members of our local gyroplane club, I was made aware of several incidents of unsafe flying that Jim had been witnessed doing. He had been warned several times about flying too low and maneuvering too close to the ground."

Attempts to locate the pilot logbook and aircraft logbooks by the FAA were uneventful. Review of airman records on file with the FAA in Oklahoma City, Oklahoma, revealed the pilot was issued a recreational pilot certificate on June 20, 1993, with rating for airplane single engine land. He held a third class medical certificate with no restrictions issued on June 7, 2000 with no restrictions. No determination of total airman flight time could be made. According to the builder of the gyroplane, the deceased pilot's brother indicated the deceased pilot was an accomplished aerobatic pilot.

The wreckage of N6292 was located in the vicinity of 29290 Leah Road Punta Gorda, Florida. Examination of the wreckage revealed the aircraft had collided with power lines and a fence during the crash sequence. There was no evidence of a precrash mechanical failure or malfunction of the airframe, flight controls, or engine assembly. (For additional information see FAA Inspector statement, an attachment to this report.)

Dr. Sajid Qaiser, Associate Medical Examiner, District 22, Port Charlotte, Florida conducted postmortem examination of the pilot, on August 21, 2000. The cause of death was multiple injuries. The Forensic Toxicology Research Section, Federal Aviation Administration, and Oklahoma City, Oklahoma performed postmortem toxicology of specimens from the pilot. These studies were negative for carbon monoxide and cyanide. Ethanol 20 (mg/dl, mg/hg) was detected in the blood, 35 (mg/dl, mg/hg) was detected in the brain, 58 (mg/dl, mg/hg) in the urine. Acetaldehyde (18 mg/dl, mg/hg) was detected in the urine, phenylpropanolamine, ephedrine, and pseudoephedrine was detected in the urine.

NTSB Probable Cause

The pilot's failure to maintain aircraft control while performing aerobatic flight resulting in an in-flight loss of control, inadvertent stall, and subsequent in-flight collision with power lines, fence, and terrain. Contributing to the accident was the pilot's ostentatious display in performing aerobatic flight over a populated residential area.