NYC01LA148

According to a friend of the pilot, he and the pilot had entered a nightclub about midnight, and "had a few drinks...probably 5 or so." After leaving the nightclub about 0300, the friend and pilot drove back to the friend's home. About 0500, the pilot decided to fly the airplane back to its home base. While en route, witnesses observed the airplane "circling charter fishing boats 2 or 3 times at low level, approximately 2-3 feet above the water." During the last low pass, the airplane made a "sharp" left turn and the left wing impacted the water. The airplane broke into two pieces and sank in 150 feet of water. The pilot's remains were recovered two days after the accident. According to the Medical Examiner's autopsy report, the pilot's blood alcohol level was reported as 0.07%. According to the FAA Toxicology and Accident Research Laboratory Final Forensic Toxicology Fatal Accident report, the amount of ethanol found in the pilot blood was "59 mg/dL" (0.059 %). These levels exceed the limit published by the FAA in FAR 91.17, which stated in part "No person may act or attempt to act as a crewmember of a civil aircraft... while having .04 percent by weight or more alcohol in the blood." The FAR also prohibited a pilot from flying "within 8 hours after the consumption of any alcoholic beverage."

On June 16, 2001, about 0555 eastern daylight time, a Cessna 182P, N58594, was destroyed after impacting the water on Lake Ontario, near Oswego, New York. The certificated commercial pilot was fatally injured. Visual meteorological conditions prevailed and no flight plan was filed for the personal flight conducted under 14 CFR Part 91.

According to a Federal Aviation Administration (FAA) inspector, the airplane had departed from the Maxon Airport (51NY), Holley, New York, about 0500; destined for the Greater Rochester International Airport (ROC), Rochester, New York. Witnesses observed the airplane "circling charter fishing boats 2 or 3 times at low level, approximately 2-3 feet above the water." During the last low pass, the airplane made a "sharp" left turn and the left wing impacted the water. The airplane broke into two pieces and sank in 150 feet of water.

The witnesses added that the engine sounded normal, and the airplane did not perform any other maneuvers other than the low-level passes.

According to a friend of the pilot, he and the pilot had departed 51NY on a local flight at 2015, on June 15, 2001, and returned about 20 minutes later. The friend and pilot then proceeded by car to Kingston, Ontario, and at 0000, they entered a nightclub and "had a few drinks...probably 5 or so." They left the nightclub about 0300, and proceeded back by car to Alexandria Bay, New York. At 0415, the pilot decided to fly the airplane back to ROC, to have it returned by 0800. The friend added that the pilot flew the airplane over his house at 0500 to make him aware that he was on his way back to ROC.

The wreckage was located about 3 miles north of the shoreline, on June 18. The pilot's remains were recovered that day; however, the wreckage was not recovered from the water.

The Onondaga County Medical Examiner's office, Syracuse, New York, performed an autopsy on the pilot, on June 20, 2001.

The FAA Toxicology and Accident Research Laboratory, Oklahoma City, Oklahoma conducted toxicological testing on the pilot.

According to Onondaga County Medical Examiner's office autopsy report, the pilot's blood alcohol level was reported as 0.07%. According to the FAA Toxicology and Accident Research Laboratory Final Forensic Toxicology Fatal Accident report, the amount of ethanol found in the pilot blood was "59 mg/dL" (0.059 %).

The levels exceeded the limit published by the FAA in Federal Aviation Regulations (FAR) Part 91.17, which stated, "No person may act or attempt to act as a crewmember of a civil aircraft...while having .04 percent by weight or more alcohol in the blood." The FAR also prohibited a pilot from flying "within 8 hours after the consumption of any alcoholic beverage."