Instructor Pilot CHARGED with Manslaughter!
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- Опубликовано: 12 сен 2024
- (Please Subscribe!) Philip McPherson was the instructor on a Sept. 28, 2022 crash of a Piper Cherokee that resulted in the death of his student. On top of all that, McPherson had lost his certification almost a year previously and wasn't supposed to be flying. The United States Attorney's Office has indicted him on 1 count of Manslaughter and 40 counts of flying without an airman certification.
Docket on the Piper Cherokee Crash September 28, 2022. data.ntsb.gov/...
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Dan - he wasn't an instructor. He lost his certifications... He portrayed himself as a pilot and an instructor. He was neither
EXACTLY! He misrepresented himself.
Exactly. There was no such thing as "his student."
I'm in shock at this moment! This was "my instructor" as well out of KLDJ during this period of time until he was caught in this accident
@@miguelgomez4009that’s insane! I hope you found a good instructor. Please it’s so important to do your research. Hold your instructor to the highest standards and don’t be afraid to speak up.
RUclips is a great resource. Things like this should not be happening. Breaks my heart it had to come to an end horrid death of an innocent student.
You don't lose the knowledge by not having the certificate, plus he only got his commercial cert pulled, not his cfi (same same but different)
No doubt he's guilty of not having a valid certificate and in turn wasn't qualified as a instructor...So, guilty of the charge!!! The company that hired him without checking his qualifications is also guilty of not ensuring his qualifications!!!😮
I’m sure they’ll get sued in a civil suit by the family of the deceased. Crazy to be hiring someone without physically checking their certs and looking at the airman database.
@@brandonadams7837 i think the flight school shut down ops soon after it happened. Possibly to avoid the civil suit. We will see if the lawyers go after the owners directly.
@@sammalone6714 closing for business won’t stop a civil suit against the owners and the creditors.
Corporations don't get involved in civil law suits generally.
@@kristensorensen2219 ha. Corporations live in civil lawsuits as both parties non stop for a million different things.
Damn. It gets so real when you hear things like “father of two”. Rest in peace my man 😢
There should also be fraud charges for misrepresenting himself as a qualified instructor.
Yes, as presented this warrants a long time in prison.
I’m sure the estate of the deceased will address that in a civil suit, independent of the criminal case.
@@brandonadams7837assuming he has any assets that can be claimed in a civil suit. They would be more likely to go after the flight schools insurance.
@@RainbowManification agreed, but when lawsuits get filed you file against anyone and everyone and then do the asset research and usually let their insurance companies fight it out. The flight school is definitely unbelievably negligent, possibly even to a criminal standard as well.
he wouldn't if they did a background check.....
He'll plead to 4 or so years for the manslaughter, 6 months for each of the 40 counts of flying without a license, all sentences to be served concurrently.
Total time: 4 years
Also, McPherson has already been assigned a public defender, which means the court has decided that he cannot afford a lawyer.
The flight school is defunct.
There's no one to sue.
Hopefully he had an insurance policy.
I went for older instructors for multiple reasons: They weren't doing it to build time -- they wanted to be there. They had developed an aviation-based philosophy, had experiential lessons to teach, and had humorous stories. AND finally - They were old, thus not bold...
Had an old instructor. He was a disaster and nearly got us both killed. I refused to fly with him and found a competent younger instructor.
I have to agree for the most part older professional pilots that have a love and passion for instruction are a blessing. Not to say that young people building time are less valuable I have known really sharp young and competent instructors that also love teaching but desire to become airline pilots.
But I'm biased toward older instructors because I'm 55 .Blue skies
My instructor was 80. He was great and still sharp as a tack! He often put me in situations to help me learn!
My first and worst instructor I had was an old man, the best I had so far is a young man. He’s passionate about teaching, not building time.
I insisted on an instructor "with gray hair." He's full-blown ATP, does charter flights, but also still teaches when he's available. The wisdom passed along the way was definitely not in the books, but very helpful.
He was demonstrably incompetent, lost his license, did not make a reasonable effort to set things straight and instructed without a license: MANSLAUGHTER....plain and simple
I am a retired airline pilot and was a police officer in Canada. US law is similar to Canadas. As others have stated he was not qualified to teach anyone. His skill set was under revue, he failed multiple rides. He alluded that he was an instructor and qualified. His actions were negligent and resulted in the death of a person under his care and control. A negligence, plus no certification, plus a death is a culpable homicide. In Canada it would be criminal negligence causing death, manslaughter in the USA. It is a sad thing that was avoidable. If any pilot finds that they are not qualified to fly, for any reason, they do not fly. It is not about stroking your ego, it is about safety and doing the right thing.
It’s been 15 years since I did a ppl check ride….im fairly certain the person responsible for my check ride also checked my instructors credentials before we even began. Even had his name attached to documents submitted to TC but maybe I’m wrong idk
And the company that hired him is equally negligent in failing to discovering any of these facts, prior to unleashing him on the public and unsuspecting clients.
Saying you are a police officer in Canada isn’t a brag anymore. Might want to keep that on the DL
I said I was a police officer. I stated the facts of my work experience. I was not bragging. Why would I want to keep things on the "down-low"? I am not ashamed of my choices in life, I'm not fearful of my life choices. I am proud to have done these jobs and my family is proud of me. Being a cop is thankless enough, my hat is tipped to all police officers, past and present. Your "brag" remarks are un-called for and rude!
@@johnolsen7073 With the horrible job that the Canadian police did for Trudeau against your fellow citizens I would hang my head in shame. Freedom is an illusion, it is a police state.
Two things make a great pilot: Skill & Judgement. This guy has neither.
Technically, the instruct had both. But it was Bad Skill and Bad Judgement!
who should have it?? The actual student pilot?
@@mariejane1567 CFI
I personally knew two pilots in this category. The first, a class 1 instructor and flight school operator, repeatedly flew recklessly and is now dead along with his student. The second was hired at three different companies before being arrested for federal fraud. He didn’t actually have a pilot licence but his shoes were shinny and his hair was perfect.
Wow
holy smokes.
This story has only just begun! If anyone knows this guy that can confirm the photo is Philip, please let me know! The media is not sharing his photo for some reason.
The full details are absolutely shocking and infuriating! Thank you Dan for bringing this to our attention!
This video focuses only on the criminal charges. Perhaps you should also make a video related to the civil charges that will be brought against the employer that hired this unqualified instructor, causing the death of a client who relied on this company providing qualified services.
So many holes in this Swiss cheese that started well prior to the accident. Failed check rides, moving and getting a CFI job without certs (that company didn't even check that?!), being terrible at the job and continuing anyway, possible carb ice (or any issue) and not putting it down and aborting the takeoff, it just goes on and on.
Man, a legal/debrief combo would be a thing I’d watch. I just found this channel today but I’ve followed PD for a while. No BS, just facts and “why” things happen, explaining the effect of whatever mistake was made. Of course I subscribed.
Looking forward to a video on this unfortunate event. I have learned so much from your videos and will preach safety and speaking up to my students.
no photo could be because of race.. Maybe reverse discrimination happening. Strange.
It isn't a bad idea as students to run the instructors information for yourself. 1 it could save your life, but 2 if they are not qualified then much of your training comes into question. When asked I like to remind student pilots, you are the employer, just as with any other contractor, if the instructor isn't living up to your requirements fire them and hire someone new. One of the flaws with education in the US is the teachers have to pull students through the system, and student get accustomed to the "weaker power position" this may be a necessary evil but it conditions you to think as a student not to question the teacher. I left a very prestigious college and went to a less known one because when I found myself struggling- I sat down and studied the issue, and I came to the conclusion I spend 1/2 the time in class trying to understand a professor that can't speak clearly, and the rest of the time with a TA that can't teach and is there only to finish a PHD or work for a research grant. I wanted professors that wanted to teach, not ones that taught because it was the only way to continue research.
Best advice is find the old grey hair instructor, the one that is either retired and does it for the love of flying, or made instructing a career, not the kid playing on his phone until he "flys" enough hours to get a a right seat gig. But if you must fly with the time builder, demand they put the phone away, focus entirely on you, you are not paying them $100+/hr to do anything other than teaching, if they are they are stealing from you.
Good instructors should start teaching students how to look up their credentials, and tell them, as they progress for new ratings to always do this.
It could be argued that he was under charged. He committed felony fraud when he lied to get his instructor position, and started instructing students. A person died as a direct result of his felonious actions. Why wasn't he charged with 2nd degree murder?
Murder requires intent. This guy was criminally reckless and his action resulted in death. That's textbook manslaughter. There is no showing of intent to kill which a murder charge requires. IANAL.
Likely fell through the cracks due to the big push for D E I pilots, while this guy probably talked a good game in which the flight school thought they hit the jackpot. Practically verbatim to the Atlas Air FL 3591 copilot.
Bingo.
Lol.
Extremely dangerous and incompetent instructor. If you see something dangerous, don't wait...say something!
The student usually wouldn't be knowledgeable enough to question the instructor's bad habits...
@@fhuber7507 of course, I am saying other instructors and pilots who do.
he wasn't an instructor. he did not hold a CFI certificate.
Absolutely! He wasn't a CFI. He was someone impersonating a CFI!!! And that lead to someone's death. That is manslaughter.
He was, just not at the time of the accident
His photo has been scrubbed from the internet. I wonder why??
I just saw it on RUclips. How is it “scrubbed”?
@@executivesteps Google search for it see if you can find it other than this video.
Being a good pilot, and being a good instructor are two entirely different skills.
So right you are. One can be great at their profession but lack the many skills needed to teach that profession.
Looks like he was bad at both.
🎯
When I started to work on my pilot certificate over 15 years ago, I encountered two flight instructors who I refused to fly with again. One ignored tower instructions and replied, “Unfamiliar with airport.” When he was called out by the tower, even though he was instructing out of that airport. The second was one who kept insisting he was right about aircraft flight theory, even though it conflicted with the test, the training material, and basic aeronautics. A third instructor I never flew with again was in such a rush to meet up with some friends after my lesson that he left the cockpit and never signed my log. Yes, there are many great flight instructors out there, but there are also lazy, incompetent, and arrogant flight instructors who are only there to gather hours for their ATP.
Absolutely, the instructor should be held accountable… so sad to see that the flight school didn’t check his creds before hiring him!
McPherson 1) Knew that he wasn't certified to act as a flight instructor, or even a private pilot for that matter. 2) Agreed with the assessment that he was incompetent and surrendered his certificates (which it sounds like he should have never been given to begin with.). 3) Despite 1 and 2 deliberately passed himself off as a CFI which was unethical, illegal and as the accident so sadly pointed out, lethal. Should he be held fully accountable? Book 'em Danno!
PS One or more persons at that flight school needs to be investigated as well!
It is very hard to argue against your very logical position. My brain sometimes wonders into what ifs sometimes, for reasons I cannot explain. I don't know if it is too early, or I missed something, to determine if the airplane had mechanical failure and if so, that has nothing to do with certifications. In other words, pilots with proper certs have had the same accident results, when experiencing mechanical failure, including some famous pilots. I am not trying to win an argument at all. My brain just pulled up this one problem with conviction. Flying without a certificate, sure, but causing the death might be mechanical failure. If I were a defense attorney, I would demonstrate certificated, current pilots have crashed under the same conditions and in cases with no mechanical failure. I am not defending this ex-pilot's actions. If any mechanical failure took place, I think there is a defense for the manslaughter charge. Now if the airplane was not properly maintained, which might be difficult to know if the maintenance log was in the plane. Is there evidence to support that the plane was properly maintained by the flight school? I would need to see the NTSB report. I don't know if there is a final report?. Carburetor ice can only be speculated I suspect. Interesting case and very tragic
@@thomastucker5686 I sincerely understand what you're saying. In the meantime, for me, we have someone in the right seat of that plane, that has no more qualifications than a passenger, passing himself off as a CFI. To me, that is extremely problematic. Unless something comes to light regarding a mechanical issue, I believe that a qualified CFI could've prevented that tragedy. In all honesty, however, I'll be very surprised if he's convicted of manslaughter...sad to say.
@@paulw4310 Unless I misunderstood the situation, which is totally possible, I am not brilliant, he was a properly certified flight instructor for a period. This means, he knows how to fly airplanes and had no expectation of anything other than a safe flight. The certificate problem isn't directly related to the crash. He had logged 40 training hours in the days leading up to the crash. He was taking off and landing regularly, without incident. I am not overlooking the ridiculousness of this man's actions. I am just trying to be open minded, as if I had to sit on a jury. A juror cannot just hear about the case briefly and jump to a conviction. I once drove a rig that requires a CDL license, which I do not have one. I needed the work, was raising a family and I couldn't find work. I drove very safely and returned the rig without incident. It could have gone a different way. If I had an accident, and someone perished, would I be charged for manslaughter because I didn't have the proper license? Maybe, I don't know. I knew at the time I was not legal to drive the rig. I didn't lie about it to the employer. The employer said, this is what I have for work, take it or leave it.
@@thomastucker5686 I can sympathize with your predicament, I truly can, but if you had been in an accident you technically could've been charged with manslaughter. Whether or not you would be convicted is another story. The prowess of the attorneys and the make up of the jury can always cause a case to go one way or the other.
I'm not sure I agree with your statement that "the certificate problem isn't directly related to the crash.". He was deemed incompetent and failed to take a 709 ride to demonstrate competency and regain his certificates. The student that was killed had the expectation that he had a CFI in the right seat. He didn't, per certification requirements, and that's huge. From the info the video presents, I believe that a competent CFI could've prevented that accident barring any, as of the time of this video, unearthed mechanical issues.
[Involuntary manslaughter, which occurs “[i]n the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.”] IMHO the actions of the accused, which resulted in a death, fit that criteria. Again, JMO.
@@thomastucker5686 UPDATE- I reread the report. Carb icing was a potential issue in this accident. The defendant did take a 709 competency ride after his two previous accidents while acting a s CFI and failed it. He never requested another ride to be retested. He had failed multiple check rides in the past.
Per the indictment: “Defendant MCPHERSON acted without malice but with gross negligence in the commission of a lawful act which might produce death, that is, flying an aircraft, in an unlawful manner or without due caution and circumspection, resulting in the aircraft crashing shortly after takeoff and the death of K.K,” the indictment states. “But for MCPHERSON's intentional and grossly negligent disregard for the safety of K.K., knowing he was not competent to safely fly the aircraft as the pilot in command since he had never mastered the skills necessary to safely operate the aircraft, K.K. would not have died."
I have to say that I fully agree with that statement, because he was not merely a passenger but was knowingly passing himself off as a CFI, thus the PIC of that aircraft, when in reality, he was less qualified, as far as certification goes, than the student that perished. It appears as if he didn't even have a current medical certificate.
It also appears that the flight school that he was "working" for is closed.
I have commented elsewhere that the ‘criminalization of error’ is counterproductive to safety, but this was not error. This was a selfish, arrogant, and flagrant disregard for both the applicable laws and regulations and basic principles of aviation safety. He should be convicted, do time, and be sued into penury for his actions. There is NO justification for what he did. If you are not very good, get more training or find another profession.
I agree. Punishing people for legitimate mistakes can have serious negative side effects, but while the accident itself may have had some small elements that were mistakes, it mostly resulted from deliberate mal-actions.
@@moi01887 I want to jump to agreement with you, however I don't know if your statement is true. It might be. Pilots who are properly certified have had nearly the exact same accidents. I say nearly because even if the cause is exactly the same, the circumstances might be different. Your statement seems very logical, that is why I want to jump to agreement. I have learned in life, sometimes, admit it, often times we think we know the complete picture while all we have, at best, is an outline and jump to wrong conclusions. I wonder if there is a final NTSB report and did the investigators know the man in question did not possess a proper pilot certificate? Depending I what they knew at the time of the investigation, it might cloud their judgement about probable cause, which is not 100% certain, given the word probable. This case really makes one like myself think.
He won’t see a day in jail.
Yes. Philip McPherson should be held accoutable. But so should the operators of the flight school. They failed in their duty to make sure that McPherson was qualified to fly and instruct. Seems to me that they could - and likely should - be criminally charged as well.
It's so tiresome how the media acts like they don't understand what 'concurrent' means.
Also, the 40 counts of flying without a license will run concurrently with the manslaughter count, meaning a max of 8 years, not 11. I call it the Bulk Discount.
The ustabe flight instructor is not the only party that should be held accountable here. How can he be employed by another school and make 40 flights without them even bothering to check his credentials BEFORE he was hired. I worked for Unigroup and every time a driver applied for a position as a van operator a background check was conducted. The flight school that hired McPherson should have their certification put under probation or even suspended. Who knows how many other instructors they may have on their payroll with questionable or lack of proper credentials. Rest in Peace Keith Kozel and condolences to his family.
Who carried the insurance? The student? The instructor? The school? Who didn’t check qualifications? Who paid out because they didn’t check qualifications? Money grabbing from all sides. My sympathies are with the Kozel family.
@@jmfs8738 You bring up a great point that is going to probably be the one that may put the flight school out of business. Just like if you are driving your car with passengers and you get into a fatal accident but you are not properly licensed, most insurers will deny your claim. I'm sure aviation insurance is no different when it comes to uninsured Pilots. The aircraft may be insured but the insurer can refuse to honor a claim when the aircraft had an unlicensed pilot. In addition to that, the family of Mr. Kozel will have legal grounds to file a wrongful death suit against both Mr. McPherson and the flight school. The flight school is culpable simply by hiring a person who has the lives of others in his hands without properly checking his qualifications. Depending on how large the school is there have been some small schools that couldn't handle out-of-pocket judgments that their insurer wouldn't cover. I'm sure the Kozel family would rather have their loved one back rather than money.
As mentioned in the video, the flight school is out of business!
He should be held accountable for all charges and the company that hired him should be fined/and or shut down for hiring him without any checks. It is scary how many flights he made with others that had no idea that he was incompetent. So sad for the poor student pilot killed.
The instructor should get 11 years in jail and never be allowed to fly again!
Not allowing him to fly apparently doesn't work. He wasn't allowed to fly at the time of the accident.
It’s very doubtful the FAA would ever grant him a license to fly again.
Have been a pilot for more than 20 years and a flight instructor for more 15 years with more than 5000 hours of instruction given. Fortunately, I have never had a student under my care and tutelage ever injure or kill him or herself. This is an egregious case, and this individual was in my opinion properly charged and if found guilty should get serious prison time. Unfortunately, I see a lot of bad/inadequate flight instruction out there. I've always viewed my job to not only prepare someone for a check ride, but to teach them what can get them in trouble and what to do to stay out of it. It helps to be cautious and play by the rules.
Do you ever call out or report bad/inadequate flight instructors?
@@stevet8121 I certainly do, to my detriment, then you are mean and an asshole. I try to lead by example. If I see something egregiously bad, down right dangerous, I’ll report it.
@@stevet8121 I do often to my detriment.
If you are doing your job correctly, you should be able to take a nap while riding with a former student pilot now private pilot or instrument rated pilot under your care. If you don't have the confidence in the student, they would not be ready for passengers.
@@thomastucker5686 agreed
How the hell did this guy get a job!!!?? Lots of people should be in trouble over this ! So many incompetent instructors out there. Anyone associated with Jenny Blaylock being trained and signed off should be stripped of all flying privileges. This is unacceptable! Then the FAA has the audacity to let Trevor Jacobs off with barely a slap on the wrist! The FAA has demonstrated that they could care less about safety or justice!
DEI = DIE.
Absolutely hold his accountable. He has lowered the standard that keeps pilots and passengers safe. This cannot be allowed to happen again.
Why even ask if he should be charged? Of course he should. He obviously was incompetent to fly. He was unable to satisfactorily demonstrate having the required skill to fly to the FAA. He repeatedly and knowingly passed himself off as a licensed pilot & instructor, including causing the death of someone. Really, Dan? What more does he have to do?
Isn't it a bid problematic to show a photo of a person without mentioning if it is the victim (student pilot) or the culprit (instructor)?
Instructor. Found the photo after releasing the video. Will try and clarify the thumb.
@TakingOff thanks
DEI…look into it
And the increased number of runway incursions …
@@alangarrett1181like that knucklehead ground controller who nearly caused a Tenerife style catastrophe at Reagan International last month
DEI….. when will people EVER learn?🤷🏻?
Needs jail time. Federal prison time is the worst
Federal prisons are called “county club” prisons.
@@drjimjam1112gunsaway you been to fed prison?
@@drjimjam1112depends on what level of security the prison is.
Guilty! He needs time in a locked, private room for many years.
My guess is it won't be a private room.
The fact that he lied and said that he yelled for them to pull his student out is something else This guy deserves to go to prison
Guilty he needs to pay for his crimes!
Whatever he gets charged, his employer should get charged too. Where were the flight school training & checking safety nets stopping him from taking students?
Got my certificate 30 years ago. At the time I didn't realize how bad my instructor was. Afterall, I had nothing to compare him to. It was only after I got my certificate and received training from other instructors, (BFRs, type checkouts an aerobatics course, etc.) that I realized how bad my initial instructor was. Over the last 30 years I've taken every opportunity to fly with different instructors and have been fortunate to receive some really good instruction. My father-in-law R.I.P. also conducted pilot proficiency tests during his 30 year Air Force career. He'd beat me up for free!! The point is, when you're just starting out, it's very difficult to know if you're being trained correctly. If I could do it all over again, I think I'd try a few different instructors to see how I felt with each one, then choose my training partner. Lastly, do some background checks before you ever get in a plane with him.
Guilty and he should never be allowed to fly again. I am curious what is to stop him from flying again (with or without certification)
Let's go back to square one. He was awarded a flight instructor certificate but failed almost all check rides as a pilot?! How did he manage to pass a CFI check ride?? I would certainly look into the organization that awarded him a flight instructor certificate!
As a pilot myself for 22 yrs I’m thinking the same thing
I think he already had his pilots license and CFI. Apparently there was complaint filed with the FAA. They responded by requesting him to redo a check ride which he failed.
???
This accident happened close to where I live and I remember the news story about this accident. This is not victim blaming, but people who are looking to become a pilot should do their due diligence before having someone sit in the right seat for your training. You should also find a new instructor of you feel uncomfortable with the instructor.
I have been flying since 1986 and have now hung-up the keys because of a few health issues. In that 37 years of GA and Army flying, I have never scratched an airplane or helicopter, I have never failed a checkride or a written, and I have never been involved in any kind of enforcement action. I have never had a traffic ticket, or an at -fault accident. It might be said, I behave and follow rules. I was a Georgia Trooper for a handful of years and have been the investigating officer in over 1,000 traffic accidents, nine were fatalities.
It is very sad the gentleman died under such nefarious circumstances. I hope and pray his children will be taken care of and his family will feel peace through this challenging time.
I listen when Hoover speaks! I was at Seymour Johnson AFB in the 80's (before swapping to the Army), when the flightline was filled with F-4E's, and for that reason, I feel a kinship with Hoover. I also hold Dan Millican in high regard for his plain language assessments. You two guys do a lot to help make aviation safer and more enjoyable.
This guy was in no position to be in command of any aeroplane, and even more so as an instructor. I can’t imagine anyone being so incredibly incompetent.
Absolutely the instructor should be held responsible. His qualifications had been suspended, he had no right to be acting as an instructor, his skills were below par. His student died as a direct result of this so called instructor’s incompetence. Utterly disgraceful.
~How About The Flight School That Hired Him...
I Know They Closed Doors But Shouldn't They Also Be Held Responsible...
I asked the United States attorneys office this very question, and got a no response
I doubt there’s any criminal liability here - but of course I don’t know all the facts.
Of course the flight school could and probably would be held civilly liable. Seems they already determined this and thereafter closed the doors.
Still, depending upon all the facts, the corporate veil of the flight school might be pierced, leaving the owners of the flight school on the hook for monetary damages. I hope this occurs; like you I think the facts will show responsibly and culpability on the part of the individual owners of the flight school.
Maybe a lawyer who practices aviation law will give us a more informed opinion than I am able to offer. This is outside my areas of expertise.
@@CAROLUSPRIMA I Wouldn't Be Surprised If It Was Also Discovered
A Pattern Of Not Being Thorough
When It Came To Hiring Their Instructors.
@@TakingOff ~ I Hope For At Least A Investigation To Their Hiring Process Protocol.
@@CherylCasaSep I agree.
I believe the company is more guilty here. They are the gatekeeper between the student and bad operators. This extends to maintenance, instructor competency and certification. There is an enormous duty of care. The student is trusting that all is in order and safe. Bad operators let us all down and should be dealt with accordingly.
My flight training was marked by a bored instructor who was always intent on making a PA-28 do aerobatics. He later ripped the wings off a T-34, killing himself and his student.
Lock him up. I was a a CFI, airline pilot, and airline instructor pilot for 40 years. I've seen and flown with many outstanding aviators, but I've experienced some really bad ones too. The poor training and examination process is letting too many incompetent so called pilots become certificated.
It does seem that way.
It’s not easy to be a good instructor, it’s easy to obtain a license to instruct.
In this case the flight school should not hire these idiots.
A background check is a must.
Really makes me rethink my attitude that other pilots must care as much about their lives as I care about mine when I get in a plane with them.
In the 90s, a failure of one checkride assured you would just about NEVER get a flying job.
The school should be held accountable also for not vetting and then hiring a dolt like that.
He knew he was not licensed. He was told, and knew he was not qualified. He did it anyway, and took someones life, in the worst possible way. He got out and watched them perish in a fire! IMHO, 128 years+ --gary
Hi Dan- great video! I am going to use this in the A&P class I teach not as a scare tactic, but as an eye-opener for ‘if you see something wrong, say something’. Thanks!!
Glad it was helpful!
He is absolutely responsible. He knowingly operated illegally and should be held accountable. It’s important to the professional, lawful instructors. I am a 50-year CFII, single and multi airplane.
Yes he should be held responsible because he knew he shouldn’t have been in that plane with a student by law and didn’t care. SHAME SHAME!!!! on him. So sad
There is so much wrong here. He couldn't pass a checkride himself, much less teach students. Moved and got a job as a CFI (without qualifications to do so). How did the flight school not ask the most basic question of, "Can we see your license?". That would have prevented him from working there. Of course, he could always do it himself not tied to a flight school. Without the student(s) researching him they would never know. Closed or not, that flight school/owners are liable in this as well. They apparently had issues on takeoff and still had room to abort but didn't. The list just goes on and on.
Research your flight schools and specifically your instructor(s). They should easily be able to produce their licenses. Talk to other pilots who used them. What was there experience like with them? Would they use them again? Some people do more research on which dishwasher to buy than what flight school/instructor to use. It's crazy. Not only are your skills and abilities affected by your instructor and how good they are/how well you work together, but your life may very well depend on it.
Jesus, I didn’t realize that getting all these qualifications was so easy!
It’s not hard to it just takes a lot of time and money. About the equivalent of a year’s full time job in both time and money for most people.
The instructor knew he was breaking the law and did it anyway risking both of their lives as well as anyone on the ground.
Ground effect is not a “cushion of air”. Instructors, stop telling people this.
The owner of a 140 should know his speeds by heart. Especially if he's speaking on a safety video.
Could have the manual in front of him and recite from the book, with video of the text and the numbers - professionalism right? I too learned in PA28s and then instructed in them and many others and never was it taught to “pushover”, which would lead to an immediate touch down. Release a little backpressure, yes, pushover no, we are not breaking a stall. How many degrees of attitude change?
Ground effect is a decrease in induced drag caused by a reduction of angle of attack due to changes in airflow when an airplane is within approximately one wingspan of the surface. The decreased drag gives you that feeling of sailing down the runway.
This is yet another example of sociopathic or psychopathic disregard of safety. Will continue to be a problem until psychology is taken seriously. And society demands real screening, etc. may be 200 or 2,000 years or more before things actually change. Just my opinion.
No amount of money can bring a life back and no amount of time will ease the pain of losing a loved one. Just knowing that he will be put away for a while might save someone else's life in the future.
I believe the flight instructor should be held responsible, even though he didn’t have his Flight instructor certificate. Acting in that role, he should have known his own limits. If he wasn’t competent to correct the student pilot’s actions, especially when it led to a student’s death, he shouldn’t have occupied the right seat. Being a flight instructor is more than just building hours for an airline career; it’s about teaching the next generation of pilots to operate safely. While the student pilot also bears responsibility, the flight instructor, despite lacking certification, was still in a position of authority and should be held accountable under the law
Thank you for the News update, Dan. I am glad he will be doing time for what he did. I know it doesn't compare to the loss the family of the student has endured. I'm really surprised the flight school allowed him to act as an instructor, without being able to prove he was certificated. That raises a lot of questions all in it's own. Keep up the excellent work. Safe skies my friend 🇺🇸🛩️
I drive 70 tonne of truck all over Australia every week my bosses check my licence valid amazing how easy to get into a plane and how many idiots are flying around
If the company that hired you did not do this and you ended up killing someone while driving you can bet your ass it would cost your employer millions as it will hear
I drove fuel tankers in WA, half them had almost no brakes. The red iron dust grit had eaten the brake shoes and drums. They just got used that way. Self regulating companies.
Reminds me of the pilot who crashed Atlas Air Flight 3591. Why are these reckless incompetents being passed?
Yep, another knuckle head who flunked all his check rides(even pressing random buttons to look busy) but fell through the cracks once he pulled the go to “ist” card on the examiner. I wouldn’t be the least surprised that it happened here also, and everyone was too afraid to do or say anything cause of his skin colour?
Based on the facts stated here, the charges are absolutely justified. When you kill someone while doing something reckless - that is something you know you aren't supposed to do but you do it anyway - you go to prison unless you're Alec Baldwin. Happens every single day. And stop calling him an instructor. Call him a former instructor if you must call him anything.
This situation wasn't the result of an oversight, an error, nor was it a small infraction of the regulations such as being a few days, or a month beyond renewal time for a check-ride.. this was simply a blatant disregard for the rules and in addition, while being fully aware that his own performance as a pilot, not simply as an instructor, fell well below the acceptable standard. Knowing this, he didn't simply choose to put his own life at risk such as undertaking a simple solo cross-country flight, he chose for monetary gain, to risk the life of his trusting student.. There should be no question regarding the outcome of any prosecution.
Minor point, but they’re “USAs,” United States Attorneys, not “USDAs.”
And if we’re being even more pedantic, it was probably written and filed by an AUSA, not the USA for that district.
@@brandonadams7837 yes. Thank you.
Waiting for our unbiased justice system to apply DEI standards to this tragedy. Apologies if my emotions got the better of me on this topic. RIP Keith.
DEI? What would the explanation be if he were white?
Who hired that guy without checking his record in crooked New York ?
Ground effect is not a "cushion of air" under the wings. Popular, but incorrect way of teaching it. If this pilot had lost his certificates, he should not have been teaching and should be prosecuted.
Proof that some people simply should not fly!!
Scary to think that there’s others out there flying like this.
Curious if his incompetence and malfeasance was overlooked in the interests of DEI.
Very tragic. He should never hold a commercial license ever again.
Guilty... BUT, a 55 hour student pilot has the FULL AUTHORITY TO ABORT THE TAKEOFF...
In fact a 5 hour student pilot who is the PIC during takeoff, HAS THE FULL AUTHORITY TO ABORT THE TAKEOFF.
The student cannot be the PIC with a passenger. McPhearson was not a licensed pilot. So, this airplane had no pilot in command. Victim blaming is not helpful.
Unfortunately not all students are fully capable of that decision. My CFI had a student with 50ish hours and he hadn't even soloed yet.
@@igneousy Don't get lost in the wording PIC, it's just a logbook entry. When an instructor says "you have control", then you have the responsibility to make any judgement call, ESPECIALLY on TAKEOFF or LANDING.
When I was a Student going through dozens of hours where the Instructor didn't even touch the controls, I made many go-around decisions and even an aborted takeoff.. THE INSTRUCTOR NEVER SAID ANYTHING CONTRARY TO THE CALL, AND IN FACT WAS HAPPY THAT I MADE THE SPLIT SECOND DECISION, EVEN IF HE COULD HAVE THOUGHT ABOUT SALVAGING THE SITUATION...
THAT'S NOT HOW IT WORKS... ABORT and GO AROUND ARE PART OF TRAINING.
along with making that call.
I never flew without full competency in making a decision about SAFETY.
and I would have fired my instructor on the spot if he "pushed the aircraft" outside the flight envelope.
Student Pilots (after certain hours) must rely on their own instinct and judgement.
That's all i'm saying....
This Student Pilot had the ability and AUTHORITY to ABORT THE TAKEOFF.
Just to clarify this statement I made:
"I never flew without full competency in making a decision about SAFETY."
I'm not saying I was fully competent!... I'm saying I was confident in "regards to safety" and anything where the aircraft "felt wrong",
sinking, stuttering, engine hiccups, controls not smooth, buffering etc... these things should raise a BIG RED FLAG in your brain, and just
because an instructor is beside you, doesn't mean you just let it go.
Remember the "Human Factors" can affect anyone.
Remember, a snot nosed First Officer in an airline can order a GO-AROUND and the 50 year 747 Captain MUST COMPLY.
You may have some explaining to do afterwards, but just think about that ability and how it corelates to safety.
@@JoshuaTootell Correct... I agree.
YES! He should be charged. We cannot have rogue instructors passing themselves as a CFI without consequences.
Stated: “Lack of demonstrated competence”
Meant: “Demonstrated lack of competence”
I copied from the indictment.
@@TakingOff
I don’t doubt it.
Just pointing out what is probably the case. As written, it is in reality the logically correct conclusion, as the fact that the examiner saw no evidence of competence is the only thing to which he can positively attest.
My interpretation is claiming that a negative was proved, something not logically following, and indeed not possible. The pilot could be sandbagging for whatever reason, fully competent, and the examiner saw no proof of that, but also would see no absolute proof of the absence of competence.
One would expect the pilot to be trying to show his abilities in this instance, so that militates against thinking he is actually faking inability.
A negative cannot be proven.
…but one frequently is just pretty sure, given the preponderance of evidence.
The flightschool who let him instruct is guilty. And what about the fact he got an instructor certificate in the first place? How much are human factors taught and tested with new instructors. Many instructors use instructing for hour building. That doesn’t help either although it is understandable.
The instructor is responsible.
Yes he should face charges. The student has to be able to trust that the instructor is certified and competent, something the instructor knew was not the case. The student lost his life because of it. I think you indicated that the flight schools was out of business? Because of this by chance? Then good. We don't need flight schools that don't do "checklists" on their instructors.
Couldn't help but notice that they flew over some suitable fields to get to the trees. 🤦
Where was the induction of the flight school on the new instructor to staff, as well as the check flight by the Chief Pilot as well as verification of all licences and ratings. The Chief Pilot is just as liable.
Absolutely should be held accountable. Flying incompetent is something I can't understand. I would never take risks in such a safety prone environment.
I was lucky to have a number of awesome instructors. I still do recurring training well beyond requirements because it's fun to keep learning.
I count myself very lucky to have had three excellent & patient instructors.
Yes he should be held responsible
I need to know more about the instructor
Coming soon!
He should be held accountable for his deliberate actions
Thank you for making this video. I worked with the victim a decade back, and the crash happened near my home. A good Samaritan was able to pull the "CFI" from the firey wreck, but the flames were too high to pull out Keith. He left two kids behind. Keith was defrauded by this person, and this flight school, and it cost him his life. I don't understand how the flight school isn't complicit in this.
Also thanks for explaining the carb ice issue.
Yes he needs to be held accountable!!!
No one is watching the store, that poor student had no idea about his CFI. There is way too much of this going on. I would never take lessons in a plane that has no door on the left seat side. RIP student, you didn't need to die.
No Pipers for you, and many other makes. Do you ever plan on moving up? The door may be down the aisle and only one of them, except the emergency exit.
The owner of the FS should be in jail also!!! He was an accessory.
Thanks for the info. I flew over this accident in a news helicopter. We always get very few details about the stories we are flying over, sometimes it's better that way. Fly safe.
As a pilot with an ATP, it’s my opinion that he should get the maximum sentence. He willingly broke the law which contributed to the accident. He should held accountable.
Those who can not do teach.
You know the world is upside down when you have the lowest time, the least real-world experience working as CFI instructors.
And worst of all, teaching for the wrong reasons.
Not out of a love of avaition and a desire to share it with others, but as a means to an end.
They need to "build hours" for a pilot career and its their only option. THE CURRENT SYSTEM IS BROKEN
Exactly correct. Find an instructor with high time and loves flight instructing, if you can.
An old guy that has participated in many different aspects of piloting may be the best. Many different experiences in the world of being a pilot. Flying a jet airliner with 2 power levers is very different from flying a piston twin with 2 power levers 2 propellor levers and 2 mixture levers that must be manipulated correctly and timely if one wishes to continue to fly when 1 engine discontinues providing thrust.
As a charter pilot, with CFI and 350 dual given I hold this imposter of a “pilot” solely responsible for the poor man’s death.