LAX03FA182

During the en route climb-out, the airplane entered the base of an overcast cloud layer, and then descended out of the clouds in a spinning, steep nose down attitude that continued to impact with a 3-story apartment building. A post-impact fire destroyed the airplane. Earlier that day, the pilot received three weather briefings from the FSS. Each briefer indicated that AIRMETS were in effect for IFR conditions and mountain obscuration, and advised the pilot to call back after 1300 for updated weather. During the second briefing, the briefer stated that VFR flight was not recommended. On the last briefing, the briefer indicated that the weather conditions were marginal towards the east with at least 3 miles visibility. The pilot inquired if he could legally fly, to which the briefer replied that yes, he was legal to fly, but that the weather conditions were marginal. After takeoff, the pilot asked the controller if he knew if the weather was clearing towards the east. The controller stated that it was not clear towards the east. The pilot then said that he was going to fly towards the east, and find a break or hole in the clouds to "pop up through." Controllers received no further transmissions from the pilot on any frequency. Cloud bases in the area for a 12-hour period ranged from 2,200 feet to 3,100 feet overcast, with tops ranging from 3,800 feet to 4,000 feet agl. The pilot did not hold an instrument rating. The pilot and passengers had been at the airport for at least 8 hours waiting for weather conditions to clear. One passenger was going to be dropped off at Las Vegas, and the pilot and remaining two remaining passengers were going to continue to Sun Valley, Idaho. Post accident examination of the airframe and engine revealed no mechanical anomalies.

History of flight

On June 6, 2003, at 1555 Pacific daylight time, a Beech A36TC, N1856P, descended into a three-story apartment building in the Fairfax District of Los Angeles, California. The private pilot/owner operated the airplane under the provisions of 14 CFR Part 91. A post-impact fire destroyed the airplane. The pilot and three passengers sustained fatal injuries. One person in the apartment building sustained fatal injuries, and there were seven serious ground injuries. Day visual meteorological conditions prevailed, and no flight plan had been filed. The personal cross-country flight departed the Santa Monica Municipal Airport (SMO), Santa Monica, California, at 1545, for an intermediate stopover in Las Vegas, Nevada. The final destination of the flight was Sun Valley, Idaho. The wreckage was at 34 degrees 04.908 minutes north latitude and 118 degrees 21.453 minutes west longitude.

According to friends of the pilot, the purpose of the flight was to drop off his niece in Las Vegas and continue on to Sun Valley, where he was going to show his property to the other two passengers. When the airplane finally departed the pilot and passengers had been at the airport for at least 8 hours waiting for weather conditions to clear.

The National Transportation Safety Board investigator-in-charge (IIC) reviewed official transcripts from the Hawthorne Automated Flight Service Station (HHR AFSS). At 0803, the pilot telephoned HHR AFSS and requested weather information for a VFR flight from SMO to Sun Valley. He also made a special request for weather information for a departure out of the LA area towards the direction of Ontario. The HHR AFSS briefer provided the pilot weather information along the specified route as well as applicable AIRMETS. In pertinent part, the forcast given the pilot were calling for overcast cloud conditions in the Los Angeles basin with bases from 2,000 to 3,000 feet and tops of 4,000 feet. AIRMET SIERRA update 6, was in effect for IFR conditions and mountain obscuration, and predicted widespread ceilings and visibilities below 1,000 feet, with 3 miles visibilities in mist.

The pilot called HHR AFSS at 1125. The pilot again requested weather information for a VFR departure to the east. The FSS briefer provided weather along the route, as well as applicable AIRMETS. The pilot asked if the weather conditions would improve. The FSS briefer answered the question by stating that the weather would not get better, and VFR flight was not recommended.

At 1301, the pilot called for HHR AFSS a final time. He again asked for specific weather information for a route of flight from LA towards Ontario. He also asked if he could fly VFR under the layer of clouds towards Ontario, and "get up through it somewhere." The FSS briefer provided weather information for the route of flight and applicable AIRMETS. The pilot inquired if he could legally fly, to which the briefer replied that yes, he was legal to fly, but that the weather conditions were marginal.

The IIC reviewed the recorded radio communications and official transcripts from SMO tower.

At 2240:08, N1856P contacted the SMO tower controller and requested taxi instructions. The pilot advised he had information "Romeo." The SMO controller instructed the pilot to taxi to runway 21.

Between the times of 2245:38 and 2245:44, the pilot advised SMO tower that he was ready for departure, and requested a right downwind departure. He then asked if the controller heard if the weather was clearing up to the east. The controller responded "no," and mentioned that Disneyland was cloudy. The pilot replied that he was going to try and get out of the basin via Ontario, and he would try and pop up through the "broken layers/broken stuff" in the area.

From 2245:53 to 2249:13, the SMO controller cleared N1856P for takeoff and approved the right downwind departure. The pilot advised that he would stay under 3,000 feet. The pilot requested a frequency change, and requested that the tower advise him when he could switch to Southern California Terminal Radar Control (SOCAL TRACON).

At 2249:54, the SMO controller advised N1856P of traffic on final, and the pilot reported, "I'm staying low till east of you."

At 2250:48, N1856P requested a frequency change, and SMO approved the change. The SMO controller issued traffic at the pilot's 12-o'clock position, 2 miles at 2,000 feet. N1856P advised that he did not have the traffic in sight, and would remain on the SMO frequency for a bit longer.

At 2251:31, the SMO controller issued the traffic again to N1856P, now at his 11-o'clock position, 1 mile at 2,000 feet, which the pilot reported in sight. The pilot advised that he was leaving the frequency, and the SMO controller acknowledged. Controllers received no further transmissions from the pilot.

SOCAL had no record of the pilot contacting them.

The IIC reviewed recorded radar data from SOCAL. The radar data indicated a mode C secondary 1200 (VFR) beacon code return in a location and time frame consistent with the accident airplane's departure from Santa Monica.

The recorded radar data indicated that the beacon return target headed in an easterly direction. The target maintained a mode C reported altitude of 2,200 feet mean sea level (msl) from 22:50:51.2 to 22:51:55.9. It then showed a climb to an altitude of 2,600 feet msl.

At 22:52:00.5, the mode C return indicated another climb to 3,100 feet msl. At 22:52:05.5, the mode C return indicated the airplane was at 3,300 feet msl.

The last radar return at 22:52:19.4 indicated a mode C altitude of 2,400 feet msl.

Witness information

One witness stated that he observed the airplane flying straight and level. The nose of the airplane pitched up, and the airplane began to climb. The witness lost sight of the airplane as it entered the clouds. When he saw the airplane again, it was in a nose-down attitude spinning towards the ground. He lost sight of the airplane behind some trees and buildings.

A compilation of statements from witnesses indicated that they saw the airplane in a nose-down attitude spinning towards the ground. They also recalled hearing a high-pitch noise coming from the engine, and it was not sputtering. Other witnesses in the area stated that they heard the engine "cutting in and out."

The local high school football team was practicing at a field adjacent to the accident site. The coach heard a helicopter in the area and looked up. He then heard an airplane engine "start and stop." When he looked over he saw a small airplane "moving very fast vertically towards the ground… like an arrow," with the propeller pointed towards the ground. He then saw the airplane collide with an apartment building.

Another witness stated that he was in a nearby parking lot. He saw the accident airplane flying in an east-northeast direction about 2,000 to 3,000 feet, in a level direction. He heard the "engine pitch go up" as if the engine was "being powered up." He then saw the airplane do an inverted roll and continue "straight down." The witness indicated that he did not see any smoke, vapor, or debris emanating from the airplane.

A witness standing outside of his home, near the accident site, observed the airplane "inverted, rolling into a nose [dive]." He thought that the airplane was doing aerobatics. He stated that the airplane was in a vertical dive, and estimated that it completed at least three 360-degree turns.

Personnel information

A review of Federal Aviation Administration (FAA) airman records revealed that the pilot held a private pilot certificate with a rating for airplane single engine land. The pilot did not hold an instrument rating.

A review of the FAA medical records revealed that the pilot held a third-class medical certificate that was issued on August 2, 2001. It had no limitations or waivers.

The FAA medical records ind