Pleads Not Guilty; Faces 10 Years In Prison

An attorney representing pilot Mark Strub entered a plea of not guilty this week, on a charge of homicide by negligent use of a motor vehicle in connection with a 2004 plane crash that killed passenger Kimberly Reed. If convicted, he faces up to 10 years in prison.

As ANN reported, Reed was one of several passengers Strub gave 10-minute rides to in his Stearman PT-13 (type shown below) during the 2004 Children's Miracle Network Balloon Rally in Wisconsin Rapids, WI. Strub had volunteered his time and plane for the event.

According to the NTSB Probable Cause report on the crash, Strub said he had given three people free rides prior to the accident flight. Reed has asked for an aerobatic flight, so with both persons wearing parachutes the plane departed, and climbed to 3,000 feet AGL.

After performing one Cuban eight, a loop, and two hammerhead stalls, Strub and Reed were heading back to the airport, at an altitude of about 50 feet over the Wisconsin river.

"Just as I was to initiate a climb I struck power lines crossing the river," Strub told investigators. "I noticed the power lines not more that 1/2 second before impact."

The Stearman's landing gear struck the power lines, and the airplane landed inverted in Nepco Lake in about 3-4 feet of water. Officials believe Reed was killed on impact; Strub escaped with minor injuries.

According to the Wisconsin Rapids Tribune, Strub's attorney, Harry R. Hertel, asked Tuesday for a substitute judge. Circuit Court Judge James Mason has ordered the case bound over for trial.

Hertel also requested the charge be dismissed, saying not only had Strubs showed concern for Reed, he had not acted recklessly.

"Accidents happen," Hertel said. "If this is criminal negligence, they're going to have to shut down what happens in Oshkosh with the EAA."

FAA safety inspector Karen Krueger said a witness saw a low-flying plane "pull up to clear some wires" and then continue around a bend. The witness stated he was "concerned and hoped the pilot knew about additional wires across the river." He heard emergency vehicles 10 to 15 minutes later, Krueger said.

"FAA regulations call for maintaining a minimum altitude of 500 feet. Strub was flying too low," Krueger said. "We made the determination he was flying in an extremely reckless manner." 

Krueger said Reed became queasy during the ride and Strub stopped doing stunts. After impact, the pilot attempted to extricate Reed before running about a half mile for help.

Krueger told the newspaper she knew of no other accidental plane crash that had resulted in criminal charges.

FMI: Read The Full Probable Cause Report