# NTSB BFO94LA099: Upton Mustang II, N49YP, Churchtown, OH, June 14, 1994

- Type: NTSB accident investigation
- Classification: Accident · Fatal · Limited investigation · Final report
- Date: June 14, 1994, 15:28 local (19:28 UTC)
- Place: Churchtown, OH
- Coordinates: 39.469432, -81.629989 (estimated)
- Nearby events: https://openairdocs.org/map.md?lat=39.4694&lon=-81.6300&mi=10
- Phase of flight: [Maneuvering](https://openairdocs.org/ntsb-phases/450) (OpenAirDocs' grouping)
- Highest injury: Fatal
- Injuries: 2 fatal
- Status: Completed, report July 24, 1995
- Report: Approved by Office Director
- NTSB case key (mKey): 8932
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=BFO94LA099
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/8932/pdf
- Page: https://openairdocs.org/ntsb/BFO94LA099

## Probable cause

THE PILOT'S PERFORMANCE OF A MANEUVER THAT EXCEEDED THE DESIGN STRESS LIMITS OF THE AIRPLANE.

## Sequence of events

In NTSB's coding before 2008 (https://www.ntsb.gov/GILS/Documents/codman.pdf).

- Airframe/component/system failure/malfunction, maneuvering
  - aerobatics - performed, pilot in command
  - design stress limits of aircraft - exceeded, pilot in command (cause)
  - miscellaneous,bolt/nut/fastener/clamp/spring - cracked
  - window,canopy - fractured
  - flight control,elevator - overload
  - horizontal stabilizer - overload
  - horizontal stabilizer - separation
- In flight collision with terrain/water, descent - uncontrolled

## Analysis

THE AIRPLANE WAS OBSERVED ENTERING AN AEROBATIC MANEUVER SIMILAR TO A TAIL SLIDE. DURING THE MANEUVERING, AN IN-FLIGHT BREAKUP OF THE AIRPLANE OCCURRED. PIECES OF THE AIRPLANE WERE FOUND OVER AN 1800' AREA. AN EXAM OF THE WRECKAGE REVEALED THAT THE CANOPY HAD SHATTERED; THE RIGHT HORIZONTAL STABILIZER, RIGHT ELEVATOR, LEFT AILERON, CANOPY FRAME & PASSENGER'S BODY HAD SEPARATED FROM THE MAIN WRECKAGE. THERE WAS EVIDENCE OF DOWNWARD DEFORMATION ON THE SEPARATED STABILIZER & ELEVATOR. ALSO, EVIDENCE OF A PREEXISTING CRACK WAS FOUND IN THE CANOPY LATCH MECHANISM, BUT THE INVESTIGATION DID NOT DETERMINE WHETHER THE LATCH HAD FAILED BEFORE OR AFTER THE IN-FLIGHT BREAKUP HAD BEGUN. THE AIRPLANE KIT MANUFACTURER DISCOURAGED TAIL SLIDES.

## Factual narrative

HISTORY OF FLIGHT

On June 14, 1994, about 1528 hours eastern daylight time, N49YP, an Upton Mustang II home built airplane, operated by the owner/pilot, impacted terrain during an uncontrolled descent and was destroyed in Churchtown, Ohio.  The descent was precipitated by a structural failure and loss of control while maneuvering.  The pilot and his passenger were fatally injured.  Visual meteorological conditions prevailed and a flight plan was not filed.  The local flight originated from Parkersburg, West Virginia, at 1520 and was conducted under 14 CFR 91.

According to witness statements, the purpose of the flight was to provide a "short airplane ride" for the passenger.  The passenger was introduced to the pilot through an acquaintance of the pilot.  The acquaintance and his co-worker were with the pilot and passenger just prior to the flight.  No indication of aircraft problems or pilot ailments were noted by the acquaintance or his co-worker.

The acquaintance stated that he saw the airplane taxi out and takeoff.  He stated that the takeoff was "very smooth" with no perceived problems.  He also stated that the canopy was closed during the takeoff and that the airplane was headed toward the "west practice area."  The acquaintance and his co-worker both stated that they were not under the impression that the flight would include aerobatic maneuvers.

According to FAA Air Traffic Control Tower personnel at the Wood County Airport in Parkersburg, the pilot contacted that tower and stated that he would be on a "local VFR flight."  The pilot was cleared for takeoff at 1520 and approved for a "straight out departure" to the west.  There were no further recorded transmissions or distress calls from the pilot.

About 1530, a witness located about 1/2 mile from the accident site stated that he heard an airplane overhead, causing him to look up.  The airplane was "at a fairly high altitude" and in a "complete vertical climb going straight up."  He then stated that the engine "quit" and the airplane "starting coming tail first down."  The witness stated that he then heard the engine being "restarted."  He heard it "backfiring like an automobile" and "running rough like it wasn't getting enough fuel."  During this time, it appeared to the witness that the airplane was beginning to "level out" because the "front end came forward a bit;" however, the airplane continued to fall "tail first."  The witness then heard a "loud cracking sound"  like "somebody cracked a whip - then dead silence."  The airplane was then observed to descend tail first until it disappeared behind trees.

Another ground witness, located about 1 mile from the accident site, stated that he heard the airplane "circling" for about 1 to 2 minutes.  He further stated that it "sounded like it was real low."  He then heard the engine "spurting."

Five other ground witnesses who were in the vicinity of the accident site stated that they first saw the airplane as it was descending toward the ground.  Four of the witnesses stated that they heard an "explosion" and saw debris fall from the airplane as the airplane was descending from 300 feet to 50 feet above the ground immediately prior to ground impact.

One of the ground witnesses was located about 100 feet from the accident site.  She stated:

I had walked out into my front yard along [State      Highway] 676 and I heard an explosion.  I looked up and      ... saw something falling from the plane.  It looked      to me like it was round and black and it fell down to      the ground.  I did not see any smoke or fire when the      plane was in the air.  The plane was dropping down      fast, real fast and in just a few seconds.... The plane      hit the road and stopped where it was.

PERSONNEL INFORMATION

According to FAA records, the pilot, age 63, was a certificated commercial pilot with ratings for instrument, single and multiengine land airplanes.  The pilot was issued an FAA Second Class Medical Certificate on June 17, 1993, with the limitation that he "must wear corrective lenses."  An examination of the pilot's logbook indicated that he had logged about 3,800 hours of total flight time, including 25 hours in type during the 90 days prior to the date of the accident.

According to acquaintances of the pilot, and published statements by the pilot in aviation publications, the pilot had performed aerobatics maneuvers, including tail slides, with the accident airplane during numerous airshows from May 1987 until 1993.  According to witness statements, the pilot had stated that he stopped performing in airshows because "it was too much stress" on the airplane.

AIRCRAFT INFORMATION

The accident airplane was an all-metal, low-wing, two-seat, airplane with an empty weight of 1,100 pounds.  The airplane was equipped with a 160-horsepower Lycoming O-320 engine and a Hartzell constant speed propeller.  According to Mustang Aeronautics, Inc., the kit manufacturer, there are about 300 Mustang II airplanes currently flying, with over 1,600 plan sets sold.

The accident airplane was home built by Samuel Upton, Sarasota, Florida, and received an FAA Experimental Certificate on September 22, 1980.  It was subsequently purchased and registered by the accident pilot on July 1, 1985.

An examination of the airplane's engine and airframe logbooks revealed that the airplane had accumulated about 1,752 flight hours since it was built.  The examination did not reveal any unresolved discrepancies prior to the accident flight.

WRECKAGE AND IMPACT INFORMATION

The airplane wreckage was examined by FAA aviation safety inspectors from Columbus, Ohio, at the accident site on the day of the accident, June 14, 1994, and again on June 15, 1994.  Additional examinations by the Safety Board occurred on June 28, 1994, and January 25, 1995, after the wreckage had been moved.

According to the FAA inspectors, the fuselage, cabin area and engine of the airplane came to rest in a nose-down attitude on the pavement of State Highway 676.  The pavement underneath the nose of the airplane was pushed downward and forward about 1 foot.  No evidence of fire was found.

Pieces of canopy Plexiglas, the left wing root fairing, right horizontal stabilizer,  right elevator, left aileron, passenger's body, and canopy frame, were found separated from the airplane and distributed, in that order, along a 1800-foot path oriented along a magnetic bearing of about 220 degrees.

About 1,800 feet from the fuselage, a grassy area measuring about 30 feet by 100 feet was found covered by hundreds of small Plexiglas pieces. Each piece was about 2 inches in diameter.  About 100 feet beyond this area, a strip of aluminum measuring 40 inches by 4 inches was found.  The strip was identified as the left wing root fairing.  The right horizontal stabilizer was found about 800 feet from the Plexiglas pieces.  The right elevator was found about 100 feet beyond the right horizontal stabilizer.  The left aileron and counterweight were found in a tree about 1,200 feet from the Plexiglas pieces.  The canopy frame and passenger were found about 1,500 feet from the Plexiglas pieces.  A portion of the trailing edge spar from the right horizontal stabilizer was found between the canopy frame and the fuselage of the airplane.

A determination of pre-impact flight control continuity and operation was made impossible due to impact damage and in-flight structural failure.

An examination of the separated right horizontal stabilizer trailing edge spar revealed that it was bent downward and separated at both ends.  The mating surface found on the empennage of the airplane revealed an area of attachment screw holes in which the threads and surrounding material were crimped in downward bending.

The separated right elevator was bent downward about 30 degre

## Aircraft

- Registration: [N49YP](https://openairdocs.org/deregistered/N49YP-1994-08-03), registration cancelled 1994-08-03, S/N MII769 (OpenAirDocs)
- Reported make and model: UPTON MUSTANG II
- Registry model: [Upton Samuel L MUSTANG II](https://openairdocs.org/model/upton-samuel-l-mustang-ii) (registry code 1690449) (OpenAirDocs)
- Category: Airplane, amateur-built
- Serial number: M-II-769
- Airframe hours: 1752
- Engines: LYCOMING O-320-D1D 160 horsepower reciprocating
- Damage: Destroyed
- Flight: Personal, Part 91
- Registered owner: Norris, Donald O.
- Airworthiness certificate: Special, Experimental (Special)
- Last inspection: AAIP, August 22, 1993, 88 hours before
- Departed: PKB, PARKERSBURG, WV

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 63; commercial; airplane ratings: multi-engine land, single-engine land; instrument ratings: airplane; medical: class 2, valid medical--w/ waivers/lim; seat: left; toxicology performed; flight hours: 3,800 total, 3,420 as pilot in command, 25 in the last 90 days, 7 in the last 30 days

## Weather

- Conditions: Visual (VMC), Day
- Wind: 200° at 8 knots
- Visibility: 6 statute miles
- Lowest ceiling: none
- Temperature: 91 °F, dew point 68 °F
- Altimeter: 30.00 inHg
- Observed at: PKB, 6 nm away

## FAA reports on this event (1)

The FAA's own accident and incident reports, matched to the aircraft by N-number and date (OpenAirDocs).

- [Accident 19940614015329A](https://openairdocs.org/incident/19940614015329A), Jun 14, 1994: Amtrbb MUSTANG2, Marietta, OH, Destroyed, 2 fatal. Observed in hammerhead stall. Descended tail first broke up prior impact. Over gross. Had performed at airshows.

From the NTSB's public API. Aircraft are matched to registry aircraft by N-number and event date, checked against the reported serial number, make and model; the registry's history has gaps, so older matches can be wrong. Compare the reported make and model.

---
OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.
