NTSB Factual Report

On January 24, 2003, about 1700 eastern standard time, an experimental amateur-built Bornhofen Twinjet 1500, N750TJ, operated by Maverick Air Inc. as a Title 14 CFR Part 91 test flight impacted with trees at the Melbourne Airport, Melbourne Florida. Visual meteorological conditions prevailed. No flight plan was filed. The airplane was destroyed. The airline transport-rated pilot received fatal injures. The flight had originated from the same airport, at 1650.

According to the FAA inspector's statement, the pilot reported a problem with the landing gear after takeoff. According to tower personnel, the pilot asked if they could check the position of the landing gear. On the first pass the gear was partially extended, on the second pass the gear appeared to be fully retracted. The pilot informed the tower that he would make an intentional gear-up landing on the grass between the taxiway and runway 9L, on the north side of the airport. The two previous passes had been down runway 9R. On the approach turning from base leg to final to runway 9L, the airplane overshot the intended point of landing wide to the right, and the pilot initiated a go around again. The airplane was observed at an altitude below the height of the control tower. At one point the tower controller suggested that the aircraft "pull up" because he thought he was going to hit the VOR located at the east end of the field between the two runways.

All the witnesses that were interviewed agreed that the aircraft was never higher than 200 to 300 feet above the ground and more like "tree top level." Most of the time that it was in view; it was pitching and banking very steeply in turns. An unidentified truck driver reported to the Melbourne Airport Police, that on one circuit the aircraft passed over his delivery truck on Sarno Road, about a mile north of the airport at about 50 feet. On the final circuit the pilot reported that he was having trim problems, and that he would now land on runway 9L. This would require as on the previous approach a base leg to final turn with a reported 11-knot tail wind on the base leg. According to the witnesses the airplane was so low that they could see it due to the hangars and tree lines obscuring their view, with the exception of the personnel in the control tower. As the airplane approached the base leg to final turn the tower operator momentarily diverted his attention away from the aircraft to clear the fire equipment across the active runway. When he looked up the aircraft was gone and smoke was rising from the crash site.

The FAA inspector stated, the airplane was found inverted with the tail of the aircraft oriented in the direction of flight. The damaged tree path indicated that the aircraft had come down through the trees in about a "90-degree bank at about a 30 to 40-degree angle of decent." The path through the trees was oriented at about 110 degrees. The cabin cockpit area of the aircraft was found to be essentially intact as was the tail assembly and trim tab. The wing panels were destroyed and parts of them were found back along the flight path through the trees. Examination of the wreckage after the crash revealed that the trim system was found "attached and connected to its control mechanism," and continuity was established. Interviews with various witness revealed that the pilot was reported to have been sick with flu like ailments for at least a week prior to the accident. A witness, who was working with the accident pilot with flight testing, reported that the day prior to the accident the pilot of N750TJ was scheduled to fly the aircraft for testing after modification and or repair, appeared so ill that he was instructed to go home. On the morning of the accident, Friday January 24, 2003, the pilot came in, told the witness that he felt much better, and would test fly the aircraft when the maintenance was completed; however, he requested that the witness accompany him on the flight. The witness reported that he got involved with a customer, and heard the engines on the accident aircraft running. He thought that the pilot was just "running them up". He was unaware that the aircraft had departed until he heard someone say the aircraft was having gear problems, and he went outside at that point.

MEDICAL AND PATHOLOGICAL INFORMATION

Dr. Paul O. Vasallo performed an autopsy on the pilot, at the District #18, Brevard County, Medical Examiner's Office, Rockledge, Florida, on January 25, 2003. According to the autopsy report the cause of death was "…thermal injuries…." No findings, which could be considered causal to the accident, were reported.

Toxicological tests were conducted on the pilot-in-command (PIC) at the Federal Aviation Administration, Research Laboratory, Oklahoma City, Oklahoma, and revealed, "No ethanol was detected. The following drugs were detected in Urine, "61.54 (ug/ml, ug/g) Salicylate [and] Pseudoephedrine." Salicylate is the active form of aspirin. Pseudoephedrine is an over-the-counter decongestant, often referred to by the trade name Sudafed.

NTSB Probable Cause

the pilot-in-command failed to obtain sufficient altitude to clear obstacles at the approach end of the airport which resulted in an in-flight collision with trees.