Introduction
On June 8, 2009, about 1640 eastern daylight time, an experimental amateur-built Lightning, registration N130DS, was substantially damaged when it struck trees during an attempted landing at Transylvania County Airport (3NR3) in Brevard, North Carolina. The certificated flight instructor and a private pilot were fatally injured. Visual meteorological conditions prevailed, and no flight plan had been filed for the instructional flight conducted under 14 CFR Part 91.
Witness Accounts
According to a Federal Aviation Administration (FAA) inspector, a witness observed the airplane depart 3NR3 between 1430 and 1500. A witness at Oconee County Regional Airport, Clemson, South Carolina, about 40 miles south-southwest of 3NR3, reported that the airplane was practicing touch-and-go landings there between 1530 and 1600. At 1630, witnesses at 3NR3 heard a pilot contact the airport's Unicom operator. One witness saw the airplane fly over from the south and enter the left downwind leg for runway 9, a 2,903-foot-long, 50-foot-wide asphalt runway. The witness stated the airplane was at normal traffic pattern altitude and the engine sounded normal. He then went indoors and noted no further communications on the Unicom frequency.
A witness near the accident site observed the airplane in a left turn; the engine was "spitting and sputtering" and then quit. The airplane descended behind trees, followed by a "loud thud." Another witness, driving her car, saw the airplane make a "very sharp left turn," then "began to roll left and right, then it dove straight down into trees and broke apart." She heard no sounds from the airplane.
Wreckage Examination
An FAA inspector examined the wreckage and found it impacted in a heavily wooded area about 1/4 mile from the runway. The airplane struck an 80-foot-tall tree about mid-span before coming to rest inverted. The right wing separated and was found approximately 15 feet from the tree. The empennage separated but remained attached via cables. Fragments of a composite propeller blade were located at the site. The airplane was equipped with a Jabiru 3300cc engine, which was impact damaged.
Both left and right wing fuel tanks were damaged. The fuel selector was found in the left tank position. Witnesses who observed the airplane shortly after the accident reported fuel leaking from the left wing. Further examination of the engine and flight controls by a Safety Board investigator revealed no evidence of preimpact mechanical malfunctions.
Pilot Information
The flight instructor, age 63, held a commercial pilot certificate with single-engine land and instrument airplane ratings, and a flight instructor certificate with single-engine and instrument airplane ratings. He reported 7,270 hours of total flight experience on his most recent FAA second-class medical certificate application (issued October 2, 2008) and had accumulated about 70 hours in the accident airplane.
The private pilot, age 59, held a private pilot certificate with a single-engine land rating. He reported 216 hours of total flight experience on his most recent FAA third-class medical certificate application (issued April 1, 2004). A review of his logbook showed about 260 total hours at the time of the accident, including about 30 hours in the accident airplane, all flown with the flight instructor.
According to maintenance records, the airplane's most recent condition inspection was performed on January 8, 2008, at zero total hours in service. At the time of the accident, the airplane had been operated for about 73 hours.
Toxicology
Autopsies performed on both pilots on June 11, 2009, at Wake Forest University School of Medicine indicated both sustained multiple blunt force traumatic injuries. Toxicological testing by the FAA Forensic Toxicology Research Laboratory on the flight instructor was negative for drugs and alcohol. Testing on the private pilot revealed the presence of duloxetine (0.134 ug/ml in blood) and tetrahydrocannabinol (marijuana) and its metabolite in various tissues. Staff at the pathology department noted that the private pilot's blood specimen was collected from the chest cavity.
The private pilot had a history of "stable post-traumatic stress syndrome requiring no medication or therapy" documented in his FAA medical records. His wife stated he had no recent changes in health or mood and displayed no evidence of depression; she described him as "passionate" and "enthusiastic" about aviation.