Fatal Crash XLL 9/28/2022 - CFI McPherson charged with Involuntary Manslaughter

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Darryl Snover

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Coroner on scene. Not much information yet. At least one fatality, possibly one survivor based on article. KYW News 3 out of Philly had a helicopter on scene, so there's some aerial images as well on the CBS 3 page.

Updated, from the article on WFMZ: "The Federal Aviation Administration says a single-engine Piper PA-28 crashed in the yard. The FAA could not confirm how many people were on board."

This is pretty close to me. Close enough that my daughter was texting me asking if I was flying.

https://www.wfmz.com/news/area/lehi...tml#tncms-source=Breaking-News-(Local)-Banner
 
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One fatality, one survivor, based on the news. Of course, the news is also saying a flight departing KXLL (Queen City) of only three minutes might be it, but that was a DA40 in the pattern, and the tail number of the DA40 isn't even close to the last three of the tail number shown in the news footage.
 
If anyone survived that crash it was by the Grace of God as that is an extremely ugly crash ... :(
 
Is is pretty close to me. Weather was not low at that time. Lot of practicing around there today. No big debris field looks upside down. Lucky one survived.
 
So this was close enough to me that people were contacting me to see if I was ok.

But here's what gets me. The article says that it was a PA-28. Article also states: "Aviation records show the plane took off at 1:37 p.m. and was in the air for three minutes." Only problem is that the flight matching that description was a DA-40 (N859PA). The overhead view of the crash appears to show a PA-28 with a tail number ending in 29F.

And this is why you can't trust what the news says. They can't even double check basic details...
 
Yes, the DA-40 did one lap in the pattern. I'm
Close enough also that several family members checked up on me. I also checked up on friends I know that fly out of/around KXLL
 
flyingpreacher said:
So this was close enough to me that people were contacting me to see if I was ok.

But here's what gets me. The article says that it was a PA-28. Article also states: "Aviation records show the plane took off at 1:37 p.m. and was in the air for three minutes." Only problem is that the flight matching that description was a DA-40 (N859PA). The overhead view of the crash appears to show a PA-28 with a tail number ending in 29F.

And this is why you can't trust what the news says. They can't even double check basic details...
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That is certainly not a Diamond, with that twisted aluminium. There have been many miss-ID'd planes with ADS-B; I told someone in CA that their airplane was flying in my Cincinnati neighborhood.
 
Kenny Phillips said:
That is certainly not a Diamond, with that twisted aluminium. There have been many miss-ID'd planes with ADS-B; I told someone in CA that their airplane was flying in my Cincinnati neighborhood.
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The address given in the news report, 1400 Keystone Road, is only about 1.1 miles off of the departure end of Runway 25 of KXLL, so they may not have had enough altitude for ADS-B to register.
 
Yes, I agree. My definition of a hero is, someone who removes him/herself from a position of relative safety to a position of relative peril in an effort to assist/save someone in imminent peril. Mr. Ron Diehl, who pulled one of the survivors from the wreckage, certainly meets that definition ... in my opinion.
 
Capngrog said:
Yes, I agree. My definition of a hero is, someone who removes him/herself from a position of relative safety to a position of relative peril in an effort to assist/save someone in imminent peril. Mr. Ron Diehl, who pulled one of the survivors from the wreckage, certainly meets that definition ... in my opinion.
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And that is more-or-less the dictionary definition, and what I believe, as opposed to the guy who makes the catch and gets the TD to win the game.
 
For the locals out there...

I'm a former local, flew out of XLL when it was still 1N9. Is this Proflite a newish flight school in the Valley or did Gateway rebrand? Their website is "down for maintenance" today. In my day it was Gateway at Queen City and Ace up at ABE and both had Cherokee 140's. Ace seemed to have better instructors back then, I trained up there despite living in Emmaus.

Also looking at Flightaware, who's the operation with the Piper-owned brand new PA28's with N___FA regs at XLL now? Impressive.

This could have been even worse though, in my day VFR training flight departures from XLL 25 would fly low and aim for Buckeye's tank farm as their reference point to be clear of the airspace to climb (and at the time that was also a tower-free passage over South Mountain). Surely didn't need anyone in trouble over there between a tank farm and schools.
 
Todd82 said:
For the locals out there...

I'm a former local, flew out of XLL when it was still 1N9. Is this Proflite a newish flight school in the Valley or did Gateway rebrand? Their website is "down for maintenance" today. In my day it was Gateway at Queen City and Ace up at ABE and both had Cherokee 140's. Ace seemed to have better instructors back then, I trained up there despite living in Emmaus.

Also looking at Flightaware, who's the operation with the Piper-owned brand new PA28's with N___FA regs at XLL now? Impressive.

This could have been even worse though, in my day VFR training flight departures from XLL 25 would fly low and aim for Buckeye's tank farm as their reference point to be clear of the airspace to climb (and at the time that was also a tower-free passage over South Mountain). Surely didn't need anyone in trouble over there between a tank farm and schools.
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Gateway is still a staple at Queen City. Proflight has no affiliation with Gateway. I think they used to operate out of Brayden, but I could be wrong. All of the new PA28’s are, in fact, Gateways new fleet. A pretty impressive upgrade although I learned and taught in the Diamonds and will miss them. They were a great training aircraft!
 
Well, isn't this an interesting turn of events:

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Philip Everton McPherson II, 36, of Haddon Township, NJ, was charged by indictment with one count of involuntary manslaughter and 40 counts of serving as an airman without a certificate, in connection with a 2022 plane crash in Lehigh County that killed a student pilot.

According to the indictment, on September 28, 2022, McPherson took off as the pilot-in-command of a Piper-28-140 aircraft from Queen City Airport in Allentown, PA, with student pilot K.K. Shortly after takeoff, McPherson crashed the plane, killing K.K.

The indictment alleges that McPherson acted with gross negligence because he knew that he was not competent to safely fly an aircraft as the pilot-in-command. Specifically, McPherson knew that: (1) he was not competent to safely operate the aircraft because he had two prior accidents and almost a third; (2) he failed his September 29, 2021, reexamination for his pilot’s certificate for a lack of demonstrated competence; (3) he voluntarily surrendered his pilot’s certificate on October 7, 2021, acknowledging his lack of competence; and (4) he allowed his Temporary Airman Certificate to expire on November 8, 2021, thus further acknowledging his inability to demonstrate to the Federal Aviation Administration (“FAA”) his competence to fly safely.

The indictment further charges McPherson with 40 counts of illegally serving as the pilot-in-command of an aircraft with passengers while not possessing an FAA pilot’s certificate permitting him to do so. These flights occurred between October 12, 2021, and September 20, 2022.

If convicted, the defendant faces a maximum possible sentence of 128 years’ imprisonment, three years’ supervised release, a $10.25 million fine, and a $4,100 special assessment.
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www.justice.gov

New Jersey Man Charged with Involuntary Manslaughter for 2022 Lehigh Valley Plane Crash That Killed Student Pilot

www.justice.gov www.justice.gov
 
Another pilot shortage participation trophy success story.
 
How is flying after you surrender your certificate a participation trophy? It’s criminal behavior to instruct under such circumstances.
 
Link the accident in the mishaps section.

www.pilotsofamerica.com

Small Plane Down Near KXLL

Coroner on scene. Not much information yet. At least one fatality, possibly one survivor based on article. KYW News 3 out of Philly had a helicopter on scene, so there's some aerial images as well on the CBS 3 page. Updated, from the article on WFMZ: "The Federal Aviation Administration...
www.pilotsofamerica.com www.pilotsofamerica.com
 
Salty said:
How is flying after you surrender your certificate a participation trophy? It’s criminal behavior to instruct under such circumstances.
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I’m guessing it’s more about how a certificated pilot is incompetent enough to have to surrender his certificate after a 709 ride.
 
Salty said:
How is flying after you surrender your certificate a participation trophy? It’s criminal behavior to instruct under such circumstances.
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I don't have a copy of the indictment but the video alleges he was hired by the flight school after the revocation. That would be the "trophy." Also the fact that he somehow earned CPL and CFI certificates in the first place, despite an apparent gross lack of competence. I haven't taken one, but I have prepped other applicants for 709 rides; from what I have seen, they aren't difficult.
 
dmspilot said:
I don't have a copy of the indictment but the video alleges he was hired by the flight school after the revocation. That would be the "trophy." Also the fact that he somehow earned CPL and CFI certificates in the first place, despite an apparent gross lack of competence. I haven't taken one, but I have prepped other applicants for 709 rides; from what I have seen, they aren't difficult.
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I’ll agree with that, but only one person knew for sure that he was not legally instructing.
 
StraightnLevel said:
PPL, CPL, CFI. How could he have gotten those certs and been unable to pass a 709 ride? Then, bad enough judgement to ignore his status to continue not just flying, but instructing.

Did the school not ever check his status and medical?

There's a lot going on here...there has to be more to this story. That's a lot of slices of cheese with really small holes....
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Possibly he gave the flight school a copy of his surrendered certificate.
 
MauleSkinner said:
Taught to pass a checkrides, not how to fly and/or decided that the ACS was just “FAA BS” that could be dumped right after the checkride.
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Be taught to pass a check ride is being taught to only the ACS, which so folk on here think is a syllabus. That said, the FAA needs to evaluate the DPE, and there probably one, that passed this guy on the majority of his practical tests.
 
Clip4 said:
Be taught to pass a check ride is being taught to only the ACS, which so folk on here think is a syllabus. That said, the FAA needs to evaluate the DPE, and there probably one, that passed this guy on the majority of his practical tests.
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The DPE definitely needs to be checked out. However, there is a difference in being taught to pass a checkride and being taught to fly to the ACS standards. Being taught to fly to the standards means you actually can perform on that level even after the checkride. Being taught to pass the checkride means you have no real clue how to fly but you can fake it long enough to get the DPE to pass you - and those pilots usually end up with a whole string of accidents if they're lucky enough not to kill themselves with their stupidity right away. Unfortunately, this guy took out a student instead of himself.
 
Clip4 said:
the FAA needs to evaluate the DPE, and there probably one, that passed this guy on the majority of his practical tests.
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What should the DPE bust an applicant on if the applicant flies to standard?
 
I wonder why there aren't charges of fraud also. I would think taking money for lessons that you aren't legally allowed to provide would be considered fraud.

I also wonder if the Faa will look at his other students. That makes more sense than looking at the DPE. He may have given endorsements that he was not competent, or legally allowed to give. I fear this will punish more of his students than only the one he killed.
 
Also, if I were the students family, I'd be suing that flight school out of existence.
 
Looks like he should have been jailed BEFORE the crash flight.
 
Salty said:
I wonder why there aren't charges of fraud also. I would think taking money for lessons that you aren't legally allowed to provide would be considered fraud.
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WAG: (1) they thought that a potential (but unlikely) 128 years in federal prison was enough incentive for a deal or (2) they couldn't find a good tie-in to one of the federal fraud criminal statutes. Even the involuntary manslaughter charge would have been a state crime if not tied to the federal flight without certification offenses.
 
It is surprising how shallow the NTSB final report is especially for an accident that involved a fatality...it almost reads more like a preliminary.
 
MauleSkinner said:
What should the DPE bust an applicant on if the applicant flies to standard?
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Does “evaluate” means bust?

The FAA should investigate the number of DPEs this person used. If one name appears often, that should be a red flag and they should investigate further - even if that means re-examining a representative sample of pilots who tested during the same time period.

You may recall, there was a DPE in Ohio that rubber stamped a bunch of tests around 2020. Alledgedly, the FAA was investigating another in Washington State in 2022.

generalaviationnews.com

Checkride reexaminations may be required for some pilots — General Aviation News

generalaviationnews.com generalaviationnews.com
 
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Clip4 said:
Does “evaluate” means bust?
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no, “evaluate” doesn’t means “bust.” :rofl:

But you stated that the DPE should be evaluated because he “passed this guy,” and the logical assumption being that if the DPE hadn’t “passed this guy,” the DPE wouldn’t need to be evaluated.

So how would you suggest the DPE not pass the guy in order to avoid being evaluated if the guy performed satisfactorily on the checkride?
 
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