# NTSB CEN09CA258: Marlin Varieze, N77JM, Santa Teresa, NM, April 20, 2009

- Type: NTSB accident investigation
- Classification: Accident · No injuries · Data collection · Final report
- Date: April 20, 2009, 13:00 local (19:00 UTC)
- Place: Santa Teresa, NM
- Coordinates: 31.881111, -106.704719
- Nearby events: https://openairdocs.org/map.md?lat=31.8811&lon=-106.7047&mi=10
- Phase of flight: [Initial climb](https://openairdocs.org/ntsb-phases/350) (OpenAirDocs' grouping)
- Defining event: [Initial climb: Loss of control in flight](https://openairdocs.org/ntsb-events/240)
- Highest injury: No injuries
- Injuries: 1 uninjured
- Status: Completed, report July 28, 2009
- Report: Approved by Office Director
- NTSB office: Central Region
- Parties: FAA Flight Standards District Office
- NTSB case key (mKey): 73699
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=CEN09CA258
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/73699/pdf
- Page: https://openairdocs.org/ntsb/CEN09CA258

## Probable cause

The pilot's failure to maintain control of the airplane, his failure to latch the canopy prior to takeoff, and his failure to complete the pretakeoff checklist due to his diverted attention.

## Findings

NTSB's coded findings; those marked are part of the probable cause.

- [Windows-windshield system: flight compartment windows](https://openairdocs.org/ntsb-findings/01035610): Aircraft › Aircraft structures · Not used/operated (probable cause); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-findings/01035610/cases.md?model=05609MU), [All aircraft, 42 cases](https://openairdocs.org/ntsb-findings/01035610/cases.md)
- [Action: forgotten action/omission](https://openairdocs.org/ntsb-findings/02041035): Personnel issues › Action/decision · Pilot (probable cause); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-findings/02041035/cases.md?model=05609MU), [All aircraft, 440 cases](https://openairdocs.org/ntsb-findings/02041035/cases.md)
- [Performance/control parameters](https://openairdocs.org/ntsb-findings/01062000): Aircraft › Aircraft oper/perf/capability · Not attained/maintained (probable cause); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-findings/01062000/cases.md?model=05609MU), [All aircraft, 1,269 cases](https://openairdocs.org/ntsb-findings/01062000/cases.md)
- [Attention/monitoring: attention](https://openairdocs.org/ntsb-findings/02021510): Personnel issues › Psychological · Pilot (probable cause); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-findings/02021510/cases.md?model=05609MU), [All aircraft, 226 cases](https://openairdocs.org/ntsb-findings/02021510/cases.md)
- [Use of equip/info: aircraft control](https://openairdocs.org/ntsb-findings/02063040): Personnel issues › Task performance · Pilot (probable cause); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-findings/02063040/cases.md?model=05609MU), [All aircraft, 9,295 cases](https://openairdocs.org/ntsb-findings/02063040/cases.md)
- [Use of equip/info: use of checklist](https://openairdocs.org/ntsb-findings/02063030): Personnel issues › Task performance · Pilot (probable cause); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-findings/02063030/cases.md?model=05609MU), [All aircraft, 336 cases](https://openairdocs.org/ntsb-findings/02063030/cases.md)

## Sequence of events

The events NTSB coded, in order, by phase of flight. The defining event best describes what happened.

- [Initial climb: Miscellaneous/other](https://openairdocs.org/ntsb-events/900); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-events/900/sequence.md?model=05609MU), [All aircraft, 1,556 cases](https://openairdocs.org/ntsb-events/900/sequence.md)
- [Initial climb: Attempted remediation/recovery](https://openairdocs.org/ntsb-events/060); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-events/060/sequence.md?model=05609MU), [All aircraft, 1,422 cases](https://openairdocs.org/ntsb-events/060/sequence.md)
- [Initial climb: Loss of control in flight](https://openairdocs.org/ntsb-events/240) (defining event); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-events/240/sequence.md?model=05609MU), [All aircraft, 5,002 cases](https://openairdocs.org/ntsb-events/240/sequence.md)
- [Uncontrolled descent: Collision with terr/obj (non-CFIT) ](https://openairdocs.org/ntsb-events/470); cases with it: [Marlin John E VARIEZE, 1 case](https://openairdocs.org/ntsb-events/470/sequence.md?model=05609MU), [All aircraft, 10,189 cases](https://openairdocs.org/ntsb-events/470/sequence.md)

## Analysis

The pilot said he became distracted while talking to another airplane on the radio. He didn't complete the takeoff checklist and forgot to latch the canopy prior to takeoff. The pilot took off and after climbing about 10 to 30 feet, the canopy popped open. The safety catch stopped the canopy from opening completely. With his left hand, the pilot attempted to close and lock the canopy. Being unsuccessful, he removed his right hand from control stick and grabbed the canopy latch. Control was lost and the airplane impacted the runway, struck a landing light, and skidded off the runway. The landing gear was sheared off, and a canard and a wing were crushed.

## Factual narrative

The pilot said that he became distracted while talking to another airplane on the radio. He did not complete the takeoff checklist and forgot to latch the canopy prior to takeoff. The pilot took off and after climbing about 10 to 30 feet, the canopy popped open. The safety catch stopped the canopy from opening completely. With his left hand, the pilot attempted to close and lock the canopy. Being unsuccessful, he removed his right hand from control stick and grabbed the canopy latch. Control was lost and the airplane impacted the runway, struck a landing light, and skidded off the runway. The landing gear was sheared off, and a canard and a wing were crushed.

## Aircraft

- Registration: [N77JM](https://openairdocs.org/aircraft/N77JM), registered now, S/N 308, built 1982 (OpenAirDocs)
- Reported make and model: Marlin Varieze
- Registry model: [Marlin John E VARIEZE](https://openairdocs.org/model/marlin-john-e-varieze) (registry code 05609MU) (OpenAirDocs)
- Registry engine: [Continental C85 series](https://openairdocs.org/engine/continental-c85-series) (registry code 17008, reciprocating) (OpenAirDocs)
- Category: Airplane, amateur-built
- Serial number: 308
- Airframe hours: 301
- Engines: Lycoming O-235 115 horsepower reciprocating
- Damage: Substantial damage
- Flight: Personal, Part 91
- Operator: John E. Marlin
- Registered owner: John E. Marlin
- Airworthiness certificate: Special, Experimental (Special)
- Last inspection: Condition, August 20, 2008
- Departed: 5T6, Santa Teresa, NM
- Destination: PNS, Pensacola, FL
- Airport: 5T6, Dona Ana Cnty at Santa Teresa, runway 10, 8,500 × 100 ft, asphalt

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 66; injuries: none; private; airplane ratings: single-engine land; medical: class 3, with waivers/limitations; seat: front; flight hours: 469 total, 301 in this make and model, 420 as pilot in command

## Weather

- Conditions: Visual (VMC), Day
- Wind: calm
- Visibility: 10 statute miles
- Lowest ceiling: none

## 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 20090420004829A](https://openairdocs.org/incident/20090420004829A), Apr 20, 2009: Amtr VARIEZE, Santa Teresa, NM, Substantial damage. (-23) On 04/20/2009, at approximately 1555 MDT, N77JM, an experimental homebuilt Varieze, departed Santa Teresa municipal airport (K5T6) enroute to pensacola,…

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.