Plane Crash In Bonita Springs, FL (1/22/18) (Daniel Bernath / aka danielabernath)

Kritchlow said:
Okay... please reread post #238. Perhaps a bit slower for comprehension.

I listened to an hour of ATC tapes posted and didn’t hear anything worthy. Perhaps I missed it. I asked where the action is on the tape and I’ll go back and listen again.
Click to expand...
See post #82 mister “attention to detail”
 
Kritchlow said:
Not completely sure who everyone is ragging on here. I listened to the tapes and they seemed completely benign. That is until I heard one “mayday”. I’m certain I just missed something because I was likely in the head. Can you point me to a time/place that I missed important info?

Thanx
Click to expand...

Check out this pair of samples...especially the first set (when he's on the ground). Joe flagged the periods where things were happening.

JoeSelch said:
If'n y'all want the audio ...

N262WS

KFMY - 1630Z recording
http://archive-server.liveatc.net/kfmy/KFMY-Jan-22-2018-1630Z.mp3
  • 16:40 (to about 19:40) - first call to Tower err, ah Ground and exchange re flight following & IFR altitudes
  • 24:26 - ready for departure
  • 29:00 - cleared for takeoff
  • 30:25 - repeated calls to contact Departure (no pilot response)

KRSW (includes Ft. Meyers Departure) - 1700Z recording
http://archive-server.liveatc.net/krsw/KRSW-Jan-22-2018-1700Z.mp3
  • 1:35 - initial contact on freq (controller initiated)
  • 5:28 - given a heading
  • 14:00 - mayday call (no recorded response from Departure)
  • 16:00 - other aircraft sent over farmland to look for him
  • 18:00 - other aircraft reporting back on scrub brush
  • 18:29 - other aircraft circling and monitoring 121.5
Click to expand...

Ron Wanttaja
 
wanttaja said:
Check out this pair of samples...especially the first set (when he's on the ground). Joe flagged the periods where things were happening.



Ron Wanttaja
Click to expand...
Joe is Liz. She flies a -6A.
 
They got the wreckage out either yesterday or Wednesday. Didn't seem to be in a hurry. I would think if they thought it may be a design problem they'd be all over it. Apparently not.
 
RJM62 said:
I couldn't help think that the crash didn't bother him nearly so much as the fact that it made him look like an idiot, so he decided to try to blame it on the aircraft's manufacturer rather than own up to his own negligence.
Click to expand...

... Thus ensuring that a lot more people would look at him like an idiot.

Kinda reminds me of the story of "Mr Hands", who seemed to like having relations with horses. When he ended up with a perforated intestine, he did not call a doctor for fear that anyone would know he was into such things, thus ended up dying from it, making it news, and ensuring MANY people would know about it!

On the bright side, he did make Wikipedia's list of unusual deaths...
 
He accused an American Legion member of child rape, pornography, etc. and also claimed the Legion was complicit in these acts.

The 20 month old suit was adjudicated in December, and the Judge's order makes for some pretty incredible reading. Bernath was fined over $1 million.

This is from the blog mentioned earlier, posted two weeks ago.

http://thisainthell.us/blog/?p=77458
 
DB didn't just steal valor, he flat out disrespected every disabled vet in the land. He broke out crutches, canes, or wheelchairs whenever he could use pity to his advantage. He plied the "disabled" story to the hilt, honing it so well that he offered to help other people become disabled, and then stole their money. Eventually, he was unmasked and not allowed to represent clients in disability matters. This guy was 3D - multidimensional beyond comprehension.
Quentin Tarantino needs to do a movie.... it'll be very, very weird.
 
CT4ME said:
DB didn't just steal valor, he flat out disrespected every disabled vet in the land. He broke out crutches, canes, or wheelchairs whenever he could use pity to his advantage. He plied the "disabled" story to the hilt, honing it so well that he offered to help other people become disabled, and then stole their money. Eventually, he was unmasked and not allowed to represent clients in disability matters. This guy was 3D - multidimensional beyond comprehension.
Quentin Tarantino needs to do a movie.... it'll be very, very weird.
Click to expand...

Just leaving this here...

http://portlandtribune.com/component/content/article?id=71559

Bernath's latest battle involves his attempt to bring traffic violations against Eugene-based discount retailer, the employee-owned Bi-Mart Corporation. He is arguing that the corporation's Tigard store held a garden promotion and used outdoor space reserved for disabled parking along the front of the store to stage its wares, including pallets of bagged potting soil and folding tables laden with plants.

A Navy veteran who served in the Vietnam War, Bernath says he has chronic nerve pain in his legs among other war-born disabilities. He is also a California-licensed attorney and a self-proclaimed champion for disabled people's rights.

He said he informed Bi-Mart employees multiple times about the violations. He has a mailbox at The UPS Store, a business in the same shopping plaza at 13500 S.W. Pacific Highway as Bi-Mart, and was there to pick up his mail. When he left the plaza, the violations hadn't been resolved, but he soon returned armed with a camera to document the obstructions and, arguably, to make a scene.

In fact, Tigard Police Department records show a Bi-Mart employee reported that Bernath drove his black Cadillac STS, American flag propped in the center console beneath the disabled-parking placard, into the pallet of potting soil, endangering other employees in the area.

'The original call was made by a Bi-Mart employee,' said Jim Wolf, public information officer for the Tigard Police Department. 'It's important to know that Bi-Mart contacted the police, that's the reason we arrived.'

Three police vehicles arrived at the scene, including two motorcycle officers and an SUV, Wolf said.

Police arriving at the scene cited Bernath, who was wearing a jacket and ball cap decorated in military medals, for menacing and reckless driving. The case is pending in Washington County Circuit Court.​
 
The story said he was not accepted into the Oregon bar because he lacked "...moral character and fitness..."

>>>
A shadow of doubt has crept over Bernath's credibility as an attorney since he moved to Oregon from California in 1994, at which time he applied for and was denied an Oregon law license. Specifically, Bernath failed to convince the Oregon State Board of Bar Examiners that he had the requisite 'moral character and fitness' to practice in Oregon.

Bernath appealed the decision to the Oregon Supreme Court, resulting in a five-page 1998 opinion that cited 18 reasons to deny him a practicing license, ranging from his failure to pay child support - something that got him a one-year license suspension in California in 1995 - to a $34,000 judgment against him in California for malicious prosecution.
<<<
 
I'm kinda waiting for when this guy just 'goes away' but this thread keeps going, and going, and going.........
 
eman1200 said:
I'm kinda waiting for when this guy just 'goes away' but this thread keeps going, and going, and going.........
Click to expand...

You mean like the Energizer Bunny? Please note this is a re-birth of a post, as opposed to a necropost (since it’s been less than one year), so felt like giving it a bump. Don’t call it otherwise :p:D

Re-read this entire thread after linking to it in the “Is it all worth it?” thread. I remember reading this it at the time and was just SMH. Searched and read some of his posts on VAF this eve too. I’m SMH even more now.

I’m not a pilot, however, should I become one some day, this is a lesson to do the complete OPPOSITE of this guy! It’s clear he demonstrated many dangerous attitudes in many walks of life, not just aviation. It’s been a year from the preliminary and I’m curious to read the final.. maybe by summer if Gov is fully up and running by then ?

Anyway I feel horrible for his family. I hope they’re on a healthy path of healing from their loss at this point..
 
It has been a year. So far only a prelim which doesn't say much:
Location:

Bonita Springs, FL

Accident Number:

ERA18FA064

Date & Time:

01/22/2018, 1214 EST

Registration:

N262WS

Aircraft:

VANS AIRCRAFT INC RV-12

Injuries:

1 Fatal

Flight Conducted Under:

Part 91: General Aviation - Personal


On January 22, 2018, about 1214 eastern standard time, a Van's Aircraft Inc . RV-12, N262WS, was destroyed when it collided with terrain near Bonita Springs, Florida. The sport pilot was fatally injured. The special light sport airplane was registered to a corporation and was operated by the pilot under the provisions of Title 14 Code of Federal Regulations part 91. Day, visual meteorological conditions prevailed, and no flight plan was filed for the personal flight. The flight originated at Page Field (FMY), Fort Myers, Florida about 1200 and was destined for Everglades Airpark (X01), Everglades City, Florida.

According to preliminary air traffic control (ATC) voice commination and radar data obtained from the Federal Aviation Administration (FAA), the flight was en route from FMY to X01. The pilot was receiving flight following services from ATC. While on a southeasterly heading and at 2,500 ft mean sea level, the pilot was advised of traffic in his vicinity. The pilot acknowledged, and shortly after this transmission he stated, "mayday, mayday." No additional calls were received from the pilot and radar and radio contact were lost.

The airplane crashed in a forested area, about 18 nautical miles southeast of FMY. There was no fire. The wreckage path was oriented south-southwest and was about 750 ft in length. All components of the airplane were accounted for at the accident site. Flight control continuity was confirmed from all flight control surfaces to the cockpit controls.

The pilot held a sport pilot certificate with an airplane single engine land rating. According to the FAA, he did not possess an FAA medical certificate, nor was one required to operate as a sport pilot.

The low-wing, single-engine, two-seat airplane incorporated a fixed, tricycle landing gear. The airplane was equipped with a Rotax 912-ULS 100-horsepower reciprocating engine. The engine was fitted with a Sensenich fixed-pitch composite propeller. The airplane was built in 2011. According to the airplane maintenance records, a condition inspection was completed on July 24, 2016, at 95 hours total time.
 
Wow, 95hours in 5 years? not even broke in yet.
 
BrianP said:
Re-read this entire thread after linking to it in the “Is it all worth it?” thread. I remember reading this it at the time and was just SMH. Searched and read some of his posts on VAF this eve too. I’m SMH even more now.

I’m not a pilot, however, should I become one some day, this is a lesson to do the complete OPPOSITE of this guy! It’s clear he demonstrated many dangerous attitudes in many walks of life, not just aviation. It’s been a year from the preliminary and I’m curious to read the final.. maybe by summer if Gov is fully up and running by then ?

Anyway I feel horrible for his family. I hope they’re on a healthy path of healing from their loss at this point..
Click to expand...

As @flyingcheesehead said, the cause of this one was inadequate VFR brain reserves. The guy came here before and was an obvious NTSB fatal waiting to happen. I'd argue it's borderline that we even include him in "Gone West", but he technically was a member... albeit to defend his ridiculous lawsuit that there should be a warning that flying with low fuel may cause you to run out of fuel, and not listen when every single member told him he was going to kill himself.
 
Listening to the audio he sounds obviously confused and unable to read back a rather simple request. Reminds me of my mother's onset of Alzheimer's. She was good most of the time but would fall into short periods of confusion and rage and then pop back to being 100% normal. Very possible he was losing it at that point and his cognitive functioning less than 100%. I agree he was a piece of work, but his actions combined with his inability to read back simple instructions indicate a possible onset of Alzheimer's/Dementia. We'll probably never know.
 
Brad Smith said:
Listening to the audio he sounds obviously confused and unable to read back a rather simple request. Reminds me of my mother's onset of Alzheimer's. She was good most of the time but would fall into short periods of confusion and rage and then pop back to being 100% normal. Very possible he was losing it at that point and his cognitive functioning less than 100%. I agree he was a piece of work, but his actions combined with his inability to read back simple instructions indicate a possible onset of Alzheimer's/Dementia. We'll probably never know.
Click to expand...
He had already been without full mental faculties for a long time. Any fatal accident is sad, but this one was unfortunately predictable and likely unavoidable.
 
Ted DuPuis said:
As @flyingcheesehead said, the cause of this one was inadequate VFR brain reserves. The guy came here before and was an obvious NTSB fatal waiting to happen. I'd argue it's borderline that we even include him in "Gone West", but he technically was a member... albeit to defend his ridiculous lawsuit that there should be a warning that flying with low fuel may cause you to run out of fuel, and not listen when every single member told him he was going to kill himself.
Click to expand...
Since you (the moderators) decided to include him in 'Gone West' why on earth would you use this forum to denigrate him? Where do we draw the line on who gets memorialized and who gets demonized in 'Gone West'? Surely that's not what the council had in mind for this forum?

From the header: "While nobody was perfect in this world and sharing the imperfections of our friends can be an important part of remembering them, it is also expected that posts be respectful."

Nauga,
and his inside voice
 
nauga said:
Since you (the moderators) decided to include him in 'Gone West' why on earth would you use this forum to denigrate him? Where do we draw the line on who gets memorialized and who gets demonized in 'Gone West'? Surely that's not what the council had in mind for this forum?

From the header: "While nobody was perfect in this world and sharing the imperfections of our friends can be an important part of remembering them, it is also expected that posts be respectful."

Nauga,
and his inside voice
Click to expand...

Your points are all valid and good ones, which I and the MC agree with.

As such, the thread has been moved back to Hangar Talk.
 
Wow. Hard to know where to start.

First the plane.

The mechanic who performed the 2016 condition inspection continued to perform maintenance on the airplane until about 3 months before the accident. At that time, he was at the pilot's hangar, escorted there by the pilot's wife, to perform another condition inspection. During the inspection, he noted a crack near the trailing edge of the elevator. He was on the phone discussing the crack with Van's Aircraft personnel when local law enforcement officers arrived and demanded that he leave the premises. He complied and did not complete the inspection nor did he make a logbook entry for the work in progress. He did not know why the officers asked him to leave. He attempted to find someone to finish the inspection, but he was unsuccessful.
Click to expand...

Next consider Bernath's medical diagnoses.

The records documented that the pilot had hypertension, high cholesterol, obstructive sleep apnea, neurogenic bladder, cataracts, peripheral neuropathy, depression, and post-traumatic stress disorder (PTSD)..... Records indicated that the pilot complained of worsening symptoms from PTSD, including nightmares and intrusive thoughts, during the end of 2016 and early 2017.
Click to expand...

And consider the meds he was taking as a result.

Naproxen was identified in the urine. Atenolol was identified in the liver. Citalopram, its metabolite N-desmethylcitalopram, mirtazapine, and trazodone were detected in cavity blood and in the urine.
Click to expand...


Look at the effects of that soup of meds.

Citalopram is an antidepressant often sold under the name Celexa® that carries a precaution for patients that it impairs mental and/or physical ability required for the performance of potentially hazardous tasks......

Mirtazapine is another prescription antidepressant commonly marketed with the name Remeron®. It is well known to cause somnolence (sleepiness) in the majority of people using it and carries the precaution, "Mirtazapine may impair judgment, thinking and particularly, motor skills, because of its prominent sedative effect. The drowsiness associated with mirtazapine use may impair a patient's ability to drive, use machines, or perform tasks that require alertness......

Trazodone is another antidepressant that is sedating enough that it is often prescribed as a sleep aid. It carries this information for prescribers: "Antidepressants may impair the mental and/or physical ability required for the performance of potentially hazardous tasks, such as operating an automobile or machinery....
Click to expand...

There's no discussion of how those meds might interact; it's probably not even known. But I doubt it's good.

So we couple a damaged and likely un-airworthy craft with a pilot who has severe depression and PTSD plus the meds he was taking. What a combination!

Why did the cops show up and stop the mechanic? (Surprised the investigators didn't pursue this.) Did the crack propagate in flight, causing loss of control? Did Bernath know about the crack? There apparently wasn't a logbook entry, but one would think even a preflight inspection would have caught it. If he did know about it, did the cocktail of anti-depressants he was taking wreck his cognitive functions and judgement so badly that he chose to fly anyway? Or did he not even bother with a preflight at all?

WOW.

This will make an interesting case study. It's a one-off incident (I hope) and an extreme case, but it certainly shows just how far south things can go without losing the legal ability to fly as a Sport Pilot.
 
Thanks for that.

So many warning signs and links in that chain. Makes one wonder if anything could have been done to prevent what in hindsight seems an inevitable outcome.
 
FastEddieB said:
Thanks for that.

So many warning signs and links in that chain. Makes one wonder if anything could have been done to prevent what in hindsight seems an inevitable outcome.
Click to expand...
It's not like people didn't try.

We'll never know for sure what happened or why. The only witness is not able to tell anyone. From reading the report I didn't get the impression that there was any pre-impact structural failure, so perhaps the crack in the stabilizer was not a factor.
 
Anyone think his odd interactions with ATC might indicate stroke?
 
EppyGA said:
Anyone think his odd interactions with ATC might indicate stroke?
Click to expand...


I'd like to hear a physician's opinion. As a layman, it seems more likely to me that all those drugs were having an effect, and maybe he overdosed, too.
 
Half Fast said:
This will make an interesting case study. It's a one-off incident (I hope) and an extreme case, but it certainly shows just how far south things can go without losing the legal ability to fly as a Sport Pilot.
Click to expand...
After reading the factual report, I can't conclude that he was legal to fly. At a minimum, he was taking multiple sedating drugs.
 
You must log in or register to reply here.
Back
Top