CHI06FA245

"This case was modified on March 25, 2009."

The right seat passenger reported that the takeoff and initial climb were uneventful until the airplane reached about 4,000 feet of altitude. That was when he noticed that the sound of the engine had changed and saw that the pilot was struggling to control the airplane. The airplane went through a series of three quick rolls and the wing dipped down. The airplane entered a counterclockwise spin. The pilot told the right seat passenger to pull the emergency parachute handle, so he pulled the throttle back to idle, and then pulled the parachute handle. The airplane impacted a water retention pond about 4 seconds later. Witnesses observed the airplane descending through the clouds with a partially deployed parachute. The inspection of the engine and airframe revealed no pre-existing anomalies. The engine data obtained from the Multi-Function Display indicated the engine was operating at full power for the entire flight. Instrument meteorological conditions prevailed with variable cloud bases of 400 - 1,100 feet above the ground (agl) and with cloud tops reported at 3,200 feet above mean sea level. The baggage found in the baggage compartment weighed 262 pounds. The weight limit of the baggage compartment was 130 pounds maximum. The calculated takeoff condition weight of the accident airplane was 3,733 pounds. The Maximum Takeoff Weight was limited to 3,400 pounds. The center-of-gravity (CG) position was at fuselage station (FS) 148.7 inches, or 32.8 percent mean aerodynamic chord (MAC). The CG limits at maximum gross weight are from FS 143.8 inches to FS 148.1 inches. The airplane was overloaded and the CG position was aft of the CG limit. An aircraft performance study, which utilized data extracted from accident airplane, indicated that the airplane's airspeed decayed until the stall angle of attack of the wing was exceeded. The airplane was in a stalled condition for about 30 seconds and then entered a spin.

"This case was modified on March 25, 2009."

History of flight

On August 28, 2006, at 1038 eastern daylight time, a Cirrus SR22, N91MB, was destroyed when it impacted a water retention pond located about 2.4 miles from the Eagle Creek Airpark (EYE), Indianapolis, Indiana, after a loss of control during cruise climb. The 14 Code of Federal Regulations Part 91 personal flight departed EYE at 1034 en route to Hilton Head Airport (HXD), Hilton Head Island, South Carolina. The pilot received fatal injuries, and the three passengers received serious injuries. Instrument meteorological conditions prevailed at the time of the accident. The flight was on an instrument flight plan.

On Saturday, August 26th, the co-owner of N91MB (the accident pilot was the other co-owner) took ownership of the new airplane, and along with a Cirrus Standardized Instructor Program (CSIP) pilot, flew it from Duluth, Minnesota, where it was manufactured, to EYE. The co-owner of the airplane reported the approximately 500 nautical mile flight took about 3.5 hours to complete. A fuel receipt indicated that 50.9 gallons of fuel were added to the airplane after the flight.

On Sunday, August 27th, the accident pilot and the CSIP pilot flew N91MB for 1.7 hours on an instrument proficiency check flight. Instrument meteorological conditions were encountered during the flight and the accident pilot practiced instrument procedures and flew 2 instrument approaches. The CSIP pilot reported that the accident pilot was on the "top of his game" and that he flew a very good check ride. After the flight, the CSIP pilot topped off the airplane with fuel. A fuel receipt indicated that 14.4 gallons of fuel were added to the airplane. Although the accident pilot had recently undergone surgery, the CSIP pilot reported that the accident pilot was feeling good and that he had told the CSIP pilot that he did not feel any side effects and was not taking any medications. The CSIP pilot reported that the engine, navigation, and communication systems on the airplane operated normally.

The accident pilot telephoned the Terre Haute Flight Service Station (FSS) at 2131 on Sunday night to get a weather brief for a flight from EYE to HXD. The briefer informed him to expect marginal visual meteorological conditions and temporary instrument meteorological conditions at the departure airport between 0800 - 1200 the next morning.

On Monday morning, August 28th, the pilot and the three passengers met at the pilot's hangar prior to the flight. The pilot's 29-year-old son, who was not a pilot, assisted loading the cargo on board the airplane. The pilot's son sat in the right front seat, the pilot's wife sat in the right rear seat, and a friend of the family sat in the left rear seat.

The pilot taxied the airplane to the EYE ramp prior to takeoff, but was unable to contact Indianapolis Clearance Delivery, which was located at the Indianapolis International Airport, on his airplane's radio. At 1018, while the airplane's engine was running, he telephoned the Terre Haute FSS with his cellular telephone and requested an IFR departure clearance. The pilot was informed that his IFR flight plan was not in the system and that he would need to re-file the flight plan. The pilot stated to the briefer that he had filed an IFR flight plan the night before using Direct User Access Terminal Service (DUATS), but he re-filed his flight plan over the telephone with FSS. At 1030, he received his takeoff clearance, which included the following information: N91MB was cleared from the Eagle Creek Airport to the Hilton Head Airport via radar vectors as filed. He was cleared to climb and maintain 3,000 feet and expect 9,000 feet 10 minutes after departure. Contact departure control on 119.05, squawk 4004, and when able, fly heading 270 degrees. Void time was 1040.

The transcript of radio communications between the pilot and Indianapolis Airport Traffic Control (ATC) indicated the following:

At 1034:38, the pilot stated, "Indianapolis Departure, Cirrus, uh, Nine One Mike Bravo is off Eagle Creek, uh, turning to heading two seven zero, passing through fifteen hundred."

At 1034:48, ATC responded, "Cirrus Niner One Mike Bravo, Indy Departure, ident. What is your on course heading?"

At 1034:53, the pilot responded, "Uh, on course is going to be, uh, standby."

At 1035:03, the pilot stated, "Uh, we're with you at one five one."

At 1035:07, ATC stated, "Cirrus One Mike Bravo, roger. Radar contact one mile southwest of Eagle Creek. Climb and maintain six thousand."

At 1035:11, the pilot responded, "Up to six thousand, Niner One Mike."

About 1035, track data, which was derived from Airport Surveillance Radar (ASR) and the airplane's Avidyne Entegra EXP5000 Primary Flight Display (PFD), indicated that the airplane was on about a 270 degree heading at about 1,670 feet mean sea altitude with an indicated airspeed of about 117 knots. For about the next 30 seconds, the airplane's heading remained about 270 degrees. About 1035:50, the airplane's heading turned about 30 degrees left to about 240 degrees. The airplane's altitude was about 2,500 feet msl and the indicated airspeed was about 97 knots.

At 1036:12, ATC stated, "Cirrus One Mike Bravo, turn left on course."

At 103614, the pilot responded, "Uh, thank you, Nine One Mike Bravo, on course."

At 1036:19, ATC stated, "And still one fifty?"

At 1036:21, the pilot responded, "Uh, that's correct, sir."

There were no further radio transmissions recorded from N91MB. At 1036:21, track data indicated that the airplane's altitude was about 3,000 feet msl and the indicated airspeed was about 87 knots. For about the next 20 - 25 seconds the airplane turned left to a heading of about 105 degrees and remained on that heading for about the next 60 seconds.

At 1037:52, ATC stated, "One Mike Bravo, you say your on course heading is one five zero." At 1037:52, the airplane's heading was about 105 degrees, the altitude was about 3,800 feet msl, and the indicated airspeed was about 75 knots.

Track data indicated that the airplane's heading turned to the northeast on about a 075-degree heading and the airplane lost altitude. The last radar return recorded at 1038:22 indicated that the airplane's altitude was about 1,600 feet msl.

The pilot's son reported that the takeoff and initial climb were uneventful until the airplane reached about 4,000 feet of altitude. That was when he noticed that the sound of the engine had changed and saw that the pilot was struggling to control the airplane. The airplane went through a series of three quick rolls and the wing dipped down. The pilot was still attempting to control the airplane when he made an emergency call over the radio but there was no response. The pilot's son reported that the airplane entered a counterclockwise spin. The pilot told him to pull the parachute so he pulled the throttle back to idle and then pulled the parachute handle.

An officer of the Indianapolis International Airport Police Department interviewed the pilot's son. The officer's report stated that the pilot's son observed the pilot "pulling backwards on the control yoke of the aircraft trying to keep the aircraft's nose up." The report stated that the pilot's son "grabbed the right sided yoke and attempted to help his father keep the aircraft nose elevated."

The family friend who was sitting in the left rear seat reported "everything seemed normal" until "just to the point where we could be leveling off, just to the top of the clouds." She stated, "I remember hearing a different sound. I would call it the engine sounded differently, but something sounding differently. Kind of feeling and hearing something underneath of me." She stated, "The only thing I have to compare it to is when the wheels on a commercial flight are put down or up. And feeling two dips to the side,