Did Pilot Knowingly Fly Unsafe Helicopter?
A pilot who officials allege knowingly took the controls of a
helicopter deemed unsafe will likely face criminal charges in the
death of his passenger, a sheriff's deputy, when the chopper's
tailboom separated after takeoff.
As was extensively reported in
Aero-News, Ben Barrick was flying the Hughes 269A-1
helicopter on May 14, 2004, during a drug eradication flight for
the Franklin County (NC) Sheriff's Department. Deputy Ted Horton
was riding in the helicopter when, according to the NTSB Probable
Cause report, the tailboom failed and the helicopter went down in
the woods near Louisburg, NC.
Barrick survived the
accident, but the sheriff's deputy was killed.
In the days following the accident, several factors became known
-- including that Barrick, a registered fixed-wing pilot, didn't
have a rotorcraft rating on his license. While the rating isn't
necessarily a requirement to fly a public-use aircraft, according
to FAA spokeswoman Kathleen Bergen, it was unclear how much
experience Barrick had with the helicopter.
"I feel even worse since the funeral... I'm thinking I've been
betrayed," said Franklin County Sheriff Jerry Jones said after the
revelation about Barrick's lack of credentials.
However, Barrick's piloting skills did not appear to be the
primary factor in the accident, according to the NTSB. The agency
determined it was the failure of the tailboom saddle fitting that
resulted in a loss of aircraft control, with Barrick's lack of
proper certification a contributing factor.
The determination is at
the core of the case asserting Barrick was negligent, according to
Raleigh-Durham's WRAL, regarding an airworthiness bulletin issued
in 1980. AD 80-05-05 called for regular inspections of the part
that failed in the accident, but there was no evidence it had ever
been complied with.
That, combined with his lack of a proper rating, gives the
country's lead prosecutor evidence to charge Barrick with criminal
negligence, according to WRAL.
In addition to the possible criminal charges, Barrick was also
named in a 2005 lawsuit filed by Citizens Bank, claiming several
men -- including Sheriff Jones, but not Barrick -- fraudulently
submitted paperwork to secure an $80,000 loan for the lost
helicopter. Barrick has since filed a motion asking to have his
name removed.