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.

FMI: Read The NTSB Probable Cause Report