NYC05LA098

The pilot was departing on his second flight in the airplane, the first with a passenger on board. As the airplane climbed to about 100 feet, at an airspeed of approximately 50 knots, it banked to the right, and descended to the ground. Examination of the airplane after the accident did not reveal any abnormalities with the airframe or engine. The airplane was operated approximately 34 pounds over the maximum gross weight prescribed by the kit manufacturer.

On June 12, 2005, about 1950 eastern daylight time, an unregistered homebuilt Hornet, was substantially damaged while departing from the Shelby Community Airport (12G), Shelby, Ohio. The certificated private pilot was fatally injured, while the passenger received minor injuries. Visual meteorological conditions prevailed, and no flight plan was filed for the local personal flight conducted under 14 CFR Part 91.

According to a Federal Aviation Administration (FAA) inspector, the pilot had recently purchased the airplane, and was conducting his second flight in it. The purpose of the flight was also to see how the airplane would perform with two occupants on board.

According to the passenger, he and the pilot pre-flighted the airplane, filled both fuel tanks, and then boarded the airplane. The pilot started the engine and taxied the airplane "up and down the grass strip, stating that there should be no trouble for lift off." The airplane was then taxied to runway 18, a 3,174-foot-long asphalt runway, and subsequently departed. The passenger recalled that the airplane lifted off the ground near the end of the runway, and as the airplane rose into the air, the pilot waved to people on the ground. The airplane continued straight ahead, at an airspeed of approximately 50 knots, when it began to bank to the right. The passenger could not recall how high the airplane was above the ground, "but it seemed low." The pilot appeared to be trying to get the airplane under control; however, the airspeed never increased, and the passenger realized that they were going to crash.

Several witnesses who were located at the airport observed the airplane depart. They stated that the airplane climbed to about 100-200 feet, then banked to the right and descended to the ground. Some of the witnesses added that the engine seemed to be developing low power.

Examination of the airplane after the accident by FAA personnel did not reveal any abnormalities with the airframe or engine.

The empty weight of the airplane was approximately 500 pounds when weighed after the accident.

On the pilot's most recent application for a third-class medical certificate, dated June 11, 2004, he reported a total of 230 flight hours. The pilot also reported his weight as 186 pounds.

The passenger reported his weight at the time of the accident was 240 pounds.

According to the airplane kit manufacturer's website, the airplane had a maximum gross weight of 1,000 pounds, and the maximum fuel capacity was 18 gallons.