NYC94FA160

The airplane was cruising at 6000 feet, when the pilot reported the right engine lost power. ATC vectored him to an airport for an ILS approach. The weather was reported as: 1500 broken, 2000 overcast, 1 1/2 miles with light rain, with light winds. While on vectors, the pilot stated that the engine had been restarted, but was 'not running well.' The pilot reported that he could not 'tune in' the ILS. An FAA facility check airplane rated the ILS as satisfactory. The pilot never intercepted the ILS, and the airplane altitude varied between 2600 and 3900 feet. Witnesses heard an engine 'sputtering,' and observed the airplane 'flying erratically, in and out of the clouds...circling and turning...climbing into the clouds at a steep angle, followed by a nearly vertical descent into a house.' The pilot did not have a multi-engine rating. He attempted to obtain a multi-engine rating 15 months prior to the accident, but failed 3 attempts. In the last 12 months, the pilot flew an estimated total of 22 hours. The engines were severely damaged during the impact. Examination of the engines revealed no discrepancies.

History of flight

On Tuesday, August 16, 1994, at 1727 eastern daylight time, a Cessna 320C, N85WM, registered to and piloted by Gary L. Gardner, was destroyed during impact with a residence in Waynesboro, Pennsylvania. The pilot, one passenger, and two occupants of the residence were fatally injured. Instrument meteorological conditions prevailed, and an IFR flight plan was filed. The flight was being conducted under 14 CFR Part 91.

The pilot of N85WM contacted the Buffalo Automated Flight Service Station at 1439 and filed an IFR flight plan from the Greater Rochester International/Monroe County Airport, Rochester, New York, to the Winchester Regional Airport, Winchester, Virginia. The pilot estimated a time en route of 2 hours, and a fuel load of 4.5 hours.

A refueler at Rochester stated that he serviced N85WM with 41 gallons of 100LL Aviation Gasoline, by "topping the mains" prior to the departure. According to the Cessna 320C Owner's Manual, each of the two main fuel tanks has a useable fuel capacity of 50 gallons.

N85WM departed Rochester at 1528, after receiving an IFR clearance. An altitude of 7,000 feet was initially assigned, followed by a climb to 8,000 feet. The following are excerpts from communications between the pilot of N85WM and the Washington Air Route Traffic Control Center Controller (ARTC):

1654:58...N85WM...Ah washington center eight five whiskey mike with you at eight thousand

1655:03...ARTC....November eight five whiskey mike washington center roger

1656:06...N85WM...Eight five whiskey mike can i go direct martinsburg

1656:08...ARTC....Eight five whiskey mike cleared as requested

1657:19...N85WM...ah eight [five whiskey mike] can i go down to six thousand

1658:00...ARTC....November [eight five whiskey mike descend and maintain six [thousand]

1704:34...N85WM...November eight five whiskey mike i lost my ah right engine eight five whiskey mike

1704:40...ARTC....November eight five whiskey mike ah roger ah turn left heading of one six zero vectors for hagerstown airport

The controller provided the pilot with the weather at the Hagerstown/Washington County Regional Airport, Hagerstown, Maryland: special, 1500 broken, 2000 overcast, visibility of 1 1/2 miles with light rain showers, winds from 190 degrees at 5 knots.

The controller advised the pilot that he would provide vectors for a straight-in ILS approach to runway 27.

At 1711:08, the pilot of N85WM transmitted: "I got number two running again [but] it's not running well."

The controller asked the pilot if the airplane had "full ILS capability." The pilot replied, "affirmative..."

Also, the controller advised the pilot that the "Noli outer maker is out of service."

At 1719:04, the pilot was instructed to "turn right to a heading of two five zero [degrees] maintain three thousand seven hundred until established on the localizer cleared for a straight in ILS runway 27."

The controller then advised the pilot that he was 2 miles from Noli intersection and instructed him to maintain 3,000 feet.

After switching to the Hagerstown Tower, the pilot advised, "i don't i'm not receiving anything."

The controller advised the pilot that there were no problems reported with the ILS from airplanes that had landed previously.

Washington Center contacted the tower via ground line and advised that N85WM was still at 3,900 feet and "inside nolin [intersection]." The controllers discussed the option of offering the pilot a VOR approach, rather than the ILS, because of the apparent problem the pilot was experiencing tuning in the ILS.

The pilot asked for a clearance to Winchester or Martinsburg. He was instructed to abandon the approach and provided a clearance to climb to 4,000 feet, direct to the Hagerstown VOR and to contact Washington Center.

At 1724:38, the pilot of N85WM responded: "Five whiskey mike climbing to four."

This was the last recorded transmission from the pilot. The controllers observed the airplane's altitude vary from 2,600' to 3,200', north of the Nolin intersection before losing radar contact.

Witnesses heard and observed the airplane maneuvering overhead. They described the airplane as "flying in and out of the clouds...erratically...circling...climbing steeply...nearly a vertical descent...and an engine was sputtering."

A witness who lives on the approach path to runway 27 stated that she heard an airplane in the clouds over her home, and an "engine was sputtering and backfiring." She also said "the airplane circled to the right and disappeared in a northerly direction."

Another witness stated:

[I] heard [an] aircraft circling and [the] engine was sputtering and backfiring. [I] saw [the] aircraft break through clouds. It then pitched nose up...then spun 180 degrees and then the nose appeared to be heading almost straight down until it disappeared behind houses. Heard engine rev just before impact.

An off-duty air traffic controller stated that he heard the airplane overhead with "engine trouble." He stated that the engines would "start and then stop, then start again as it was circling." He said the airplane entered a vertical descent, and at approximately 200 feet, it appeared that the pilot attempted to recover, but it impacted the house at a 45 degree angle.

Another witness said, "A huge ball of fire, explosion and large amount of debris left the house....Wreckage was burning in the parking lot."

The accident occurred during the hours of daylight, about latitude 39 degrees, 45 minutes North; longitude 77 degrees, 36 minutes West.

Other damage

The airplane impacted a three-story residence, which was destroyed by post-impact fire.

Personnel information

The pilot, Gary L. Gardner, held a Private Pilot Certificate, issued on February 8, 1975. His ratings included airplane single-engine land and instrument. He was issued a Third Class Airman Medical Certificate on December 14, 1993, with the limitation that corrective lenses must be worn, while exercising the privileges of the certificate.

His most recent Biannual Flight Review was conducted on March 3, 1993, in the Cessna 320C.

Mr Gardner attempted to obtain a rating for airplane multi-engine land with instruments on three occasions, but he failed each examination. In a report, the designated examiner for these examinations stated:

I tested Mr. Gardner...in a Cessna 320, on 03-18-93, 04-18-93, and on 05-24-93 for an Airplane Multi-Engine Land with Instrument practical test. All three tests resulted in failures....

The first attempt...was failed during the oral portion....The second test...was failed due to improper recovery during a VMC demonstration, instrument flight, single engine approach and landing and use of the checklist. The third test was...failed on instrument flight, single engine approach and landing.

After the test on May 24, 1993, I suggested to both Mr. Gardner and his flight instructor that the flight instructor get him ready for a "VFR ONLY" multi-engine flight test in his Cessna 320 and when it was ins