20000213004839A

(.23) Pilot was not instrumentent rated. He was repeatedly briefed by flight service that VFR was not recommended. Pilot departed VFR into IFR conditions and flew into rising terrain (a mountain). (.4) history of flight: on February 13, 2000, about 1245 eastern standard time, a Beech 35-P35, N9796Y, owned by a private individual impacted with rising terrain during the climb, and about 6 miles from the departure airport near Dayton, Tennessee. Instrument meteorological conditions prevailed at the time, and no flight plan was filed for the 14 CFR part 91 personal flight. The airplane was destroyed. The private, non instrument-rated pilot was fatally injured. The flight had originated from the Dayton airport, en route to hicks field, fort worth, Texas, at 1240. At 1025, the pilot of N9796Y called the air traffic control specialist at the nashville automated flight service station (afss), nashville, Tennessee, for a weather briefing from Dayton, Tennessee, to the fort worth, Texas area, for a proposed flight that afternoon. According to afss specialist's statement, "...a detailed synopsis with emphasis on forecast thunderstorms and IFR conditions was given. . There were airmets (airman's meteorological information) for IFR conditions along the route of flight until 1800 UTC (1400). I told the pilot that I did not expect conditions to improve at that time but would continue for another 24 to 36 hours." At 1237, the pilot again called the nashville afss, and the specialist said, "...(he) called for forecast information for the 'next couple of hours or so.' The flight would be from Dayton...to near the dallas/fort worth area. VFR only. I proceeded to give current airmets, conditions, and forecast information showing IFR conditions. (The) pilot asked about thunderstorms along the route. I gave the location and movement of thunderstorms and precipitation. Continued with tops information and forecast for continued IFR." According to a witness at the airport just after the airplane took off from the runway it disappeared into the clouds. Another witness about 3 miles from the crash site said when she saw the airplane it was flying "low" as it came out of the clouds. She said the engine seemed to "sound normal," and the airplane was heading in a southwest direction. The witness said that at the time the weather was, "...overcast, foggy, mis ting rain." According to local police records the airplane was found by a ground search at 1649, just off of brayton mountain road, about 1/2 mile from the deep down mine entrance. The accident occurred during the hours of daylight about 35 degrees, 27 minutes north, and 085 degrees, 06 minutes west.