Should Sheriff -- Or Aircraft Owner -- Be Prosecuted In Deputy's Death?

In North Carolina, Franklin County commissioners this week unanimously voted to ask the district attorney for a criminal investigation into the death of a deputy in a helicopter mishap more than a year ago.

As ANN reported in May, 2004, 53-year old Franklin County Sheriff's Deputy Ted Horton was killed in the crash of Hughes 269-A owned and flown by 33-year old Benjamin T. Barrick. Barrick wasn't certificated to fly that aircraft.

The FAA doesn't require a public-use aircraft be flown by a certificated pilot. But, as FAA spokeswoman Kathleen Bergen pointed out last year, "Ninety-nine percent of all public-use operators do have pilots' certificates."

Then there's the issue of the helo itself -- which the NTSB found wasn't properly cared for. A crack in the Hughes' tail boom was found, an issue investigators blamed on metal fatigue.

The NTSB factual report said:

A review of maintenance records revealed that the last recorded annual inspection was completed on March 21, 2004, at an airframe total time of 5,506.2 hours. On March 13, 1980, the FAA issued an Airworthiness Directive (AD) 80-05-05 addressing Schweizer Helicopters Model 269 series equipped with a tail boom center support (saddle) fitting certificated in all categories. The AD was issued to prevent fatigue failure of the tail boom center support fitting and the resultant loss of the tailboom. A review of the maintenance records dating back to March 13, 1980, found no logbook entries that indicated the required inspections outlined in the AD had been accomplished.

"There's an element of fraud there,” Franklin County Commissioner Raymond Stone told News 14 Carolina. “We now have the benefit of the National Transportation Safety Board, the NTSB report and also the FAA report."

The aircraft was leased from Barrick's company, NETSTAR. Now, commissioners are worried that Sheriff Jerry Jones didn't go through proper channels in leasing the aircraft.

Because the incident involves a law agency, the matter has been referred to state investigators.

Did the sheriff commit a crime?

"No, I don't think he has committed any crimes,” said Franklin County District Attorney Sam Currin. He said it will be up to an SBI agent to investigate the case. “If he says that they can't conduct the investigation or won't, then I’m not going to prosecute."

FMI: NTSB Factual Report