20061112024309A

(-23) On take off from jgg runway 31 in IMC with reported winds varying from 350 to 360 degrees at 17 knots gusting to 27 knots, the aircraft climbed and descended at least twice but failed to gain enough altitude to clear the trees at about 1980 feet from the runway. The aircraft crashed into an oak tree in-line with the runway at about 40 feet AGL. The flaps were found set to the first notch (10 deg) and the landing gear was extended. The pilot and his wife were critically burned in the impact explosion and fire and injured by the fall from the aircraft which settled in the tree at about 30-foot AGL. The passenger died of her injuries the next day. Propeller cuts through large tree limbs and examination of the airframe and engine indicate normal aircraft operation at the time of the accident. The unburned tank held 100LL fuel. On the day of the accident, the pilot told a witness that the aircraft and engine operated normally during take-off and that after take-off "the bottom just fell out" referring to wind gusts. In an interview on November 21, 2006, the pilot confirmed proper aircraft operation and said he encountered wind "gusts of approximately negative 30 knots."