DA Plans To Refile Based On Information In NTSB Probable Cause Report

Citing new evidence in the recently released NTSB Probable Cause report on a December 16, 2006 Oklahoma airplane accident, the state's 13th Judicial District Attorney's Office plans to refile manslaughter charges against pilot Thomas Brent Caldwell.

As ANN reported earlier this year, manslaughter charges against Caldwell were dropped in May, after District Judge Robert Haney found the "cause of the accident was the engine stalling, there is no evidence of why the engine stalled and, more importantly, no evidence of the defendant doing something that was of criminal nature that 'caused' the engine to stall that resulted in the crash that resulted in the deaths."

Caldwell, 30, had been charged with three counts of first-degree manslaughter in the deaths of Mariano Carlos Casas, 15, of Pryor; Eduardo Ortiz Robles, 20, of Mexico; and Campos Gonzalez, 33, also of Mexico. The men were trapped when their Bellanca Viking lost power and went down in Grand Lake, east of Tulsa, OK.

Caldwell, who was flying the aircraft, was able to escape the plane and swim for shore. Police earlier said Caldwell was intoxicated when they found him.

Prosecutors left open the possibility the charges would be refiled, depending on what the NTSB's final report had to say. That report, released July 25, states "the examination of the airplane revealed no pre-impact anomalies" with the aircraft or its engine.

The report goes on to state Caldwell's "improper" decision to lower the Viking's landing gear before the water landing contributed to the crash... and makes note of the fact authorities detected alcohol on his breath, and that his speech was slurred.

Caldwell told police he drank two margaritas about two hours before the accident. The NTSB also says five liqour bottles -- four opened -- were found inside the plane.

No trace of alcohol was detected in Caldwell's system, however, when he was given a blood-alcohol test six hours after the crash. He refused to be interviewed by the NTSB Investigator In-Charge, and declined to submit a completed accident report form.

The pilot also declined to submit his pilot logbook for examination. FAA records indicate Caldwell has never held a private pilot license, or a student pilot certificate.

FMI: Read The NTSB Probable Cause Report