DEN02LA090

The airplane was fueled to capacity (25 gallons each, left and right main tanks; 17 gallons each, left and right auxiliary tanks; total, 84 gallons) prior to departure. The airplane was airborne for 4 hours, 10 minutes, when it "began to feel heavy and mushy." Two passengers were repositioned, but the airplane "continued to feel heavy with loss of altitude and stall light flashing." The engine began to "miss," and "appeared not to have power." The pilot flew towards a low spot in a bowl, hoping to get to a lower elevation. He made a forced landing in an area "that looked flat and soft." Witnesses saw the airplane bounce three times and the left wing break off as it spun to a stop. Numerous empty beer cans (about two 12 packs) were found in the airplane. The pilot said his male passenger had consumed the beer. The fuel selector was found positioned on the right main tank. The salvage company said the right tanks appeared to be empty and there was "very little" fuel in the separated left wing tanks. They drained 2 gallons of fuel from the right main tank and about 3 gallons from the right auxiliary tank. No fuel was recovered from the separated left wing's tanks. The carburetor bowl was opened and found to be dry. In addition, no fuel was found in the line between the engine-driven fuel pump and the carburetor. The magnetos were tested and functioned normally. Both the engine-driven fuel pump and auxiliary boost pumps were dry but tested satisfactorily. The pilot's toxicological report was negative for ethanol, but positive for benzodiazepines. The pilot told the hospital physician that he was taking Paxil for treatment of depression. According to an FAA Civil Aeromedical Institute (CAMI) toxicologist, Paxil is a benzodiazepine and is contraindicated for flying.

On August 10, 2002, approximately 2040 mountain daylight time, a Piper PA-32-260, N222SH, registered to and operated by Comtox Corporation of Big Bear City, California, was substantially damaged when it collided with terrain during a forced landing about 2 nautical miles northeast of Victor, Colorado. The private pilot was seriously injured and two passengers received minor injuries. Day visual meteorological conditions prevailed, and no flight plan had been filed for the personal flight being conducted under Title 14 CFR Part 91. The flight originated at Bullhead City, Arizona, approximately 1500 Pacific daylight time, and was en route to Colorado Springs, Colorado.

The following is based on the pilot's accident report, statements he made to the local fire chief, and a hospital interview he gave to FAA inspectors. He and his passengers had spent the night in Laughlin, Nevada. The airplane was fueled to capacity (25 gallons each, left and right main tanks; 17 gallons each, left and right auxiliary tanks; total, 84 gallons) prior to departure at Bullhead City. The route of flight was via the Colorado River, south of the Grand Canyon restricted area, direct Four Corners (where the states of Arizona, Utah, Colorado, and New Mexico touch), direct Colorado Springs. GPS (Global Positioning System) was used for navigation. The airplane was at an altitude between 10,500 and 11,000 feet msl (above mean sea level) and had been airborne for 4 hours, 10 minutes. While sightseeing in an area approximately 20 miles southwest of Victor, Colorado, the airplane "began to feel heavy and mushy." The two passengers were repositioned: the female passenger moved to a middle row seat, and the male passenger moved to the right front seat. The airplane "continued to feel heavy with loss of altitude and stall light flashing." The pilot said the EGT (exhaust gas temperature) was lower than normal, but the oil temperature was "in the green." The engine began losing power, so he adjusted the mixture and moved the propeller control "from cruise to full climb" (low pitch/high rpm). The throttle had been in the full open position throughout the flight. The tachometer and manifold pressure gauge registered 2,300 rpm and 21 inches, respectively. The pilot lowered the flaps "one and two notches to improve his situation." The engine began to "miss," and "appeared not to have power." He flew towards a low spot in a bowl, hoping to get to a lower elevation. He decided to make a forced landing in an area "that looked flat and soft." Witnesses saw the airplane bounce three times and the left wing shear off as it spun to a stop.

An FAA inspector examined the airplane and reported finding numerous empty beer cans (about two 12 packs) in the airplane. The pilot said his male passenger had consumed the beer. The fuel selector was found positioned on the right main tank. The right tanks appeared to be empty and there was "very little" fuel in the separated left wing tanks. Beegles Aircraft Service retrieved the airplane and confirmed these findings. Upon retrieval, they drained 2 gallons of fuel from the right main tank and about 3 gallons from the right auxiliary tank. No fuel was recovered from the separated left wing tanks. Once the airplane was transported to the Beegles facility in Greeley, Colorado, the carburetor bowl was opened and found to be dry. In addition, no fuel was found in the line between the engine-driven fuel pump and the carburetor.

In his accident report, the pilot said he suspected a "magneto failure" as the likely reason for the power loss. The magnetos were tested on August 28, 2002, and functioned normally. Both the engine-driven fuel pump and auxiliary boost pumps were bench tested. Neither pump contained fuel. Both pumps functioned satisfactorily.

The pilot's hospital admittance records were subpoenaed. These records indicated that toxicological specimens were obtained at 0933 and 1005 the day after the accident. Ethanol assay was negative, but the pilot did test positive for benzodiazepines. The pilot told the admitting physician that he was taking Paxil for treatment of depression. According to an FAA Civil Aeromedical Institute (CAMI) toxicologist, Paxil is a benzodiazepine, and is contraindicated for flying.

According to FAA correspondence, the Western Pacific Regional Office had a pending enforcement action against the pilot, and pilot certificate revocation was being considered. Reportedly, the pilot took off from Big Bear City, California, in close proximity to another departing airplane. Aboard that airplane were two FAA inspectors. They followed the offending airplane and observed him "buzzing" a residential community. Upon landing, the inspectors cited the pilot for, among others, violation of FAR 91.13(a), to wit: "No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another."