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NTSB releases final report on copter crash
by Brian J. Slattery, Wake Weekly Staff Writer
October 6, 2005
The National Transportation Safety Board, in its final report on the May 2004 crash of a Franklin County sheriff's helicopter, determined metal fatigue was the most likely cause of the fatal wreck.
Deputy Ted Horton was killed in the crash. Former deputy Ben Barrick was the pilot. The damage, the NTSB reported, caused a tailboom saddle fitting near the rear rotor to fail, resulting in loss of aircraft control. Inadequate maintenance and noncompliance with airworthiness directives were also listed as additional causes. Barrick's lack of proper certification was cited as a contributing factor. In April 2004, Barrick, Horton and Sheriff Jerry Jones brought the helicopter into the county through Netstar Air Rescue, Inc. The helicopter crashed May 14, 2004. The NTSB released the final report on the crash in September, reiterating problems with the aircraft that were detailed in a preliminary report released in May. But the final report opens the door to possible charges against Barrick. District Attorney Sam Currin requested an investigation of the crash and the purchase of the helicopter by the N.C. State Bureau of Investigation. Citizen's Bank of Elizabethton, Tenn., has claimed Barrick and his company, Netstar Air Rescue, and Jones defrauded the bank and falsified documents to secure a $81,000 loan for the helicopter. The bank is suing to recoup the amount of the loan and damages. County administrators claimed they had no knowledge of the helicopter's purchase or operation until it was in service. They argued its purchase and use was never vetted through the county, which has been removed as a codefendent in the lawsuit. Currin's decision to investigate came after reviewing the events and finding Barrick's actions questionable: flying the helicopter without a pilot's or mechanic's license and flying without proper inspections. Once the SBI has completed its investigation, Currin will have two sources from which to seek witnesses to mount a prosecution. Currin's initial investigation lead him to believe a charge of involuntary manslaughter could be brought if Barrick's actions amounted to criminal negligence. Currin said Tuesday he has made Freedom of Information Act requests to have federal testimony available if he prosecutes the case. "We have to get approval for for NTSB or FAA officials to participate," he said. "We would need both agencies' people to testify in court about the cause of crash, the condition of the craft and what (Barrick was told) about the condition of the craft," Currin said. Currin will also wait until the SBI investigation has been completed, to determine if other charges are warranted. "I have received updates from investigator, but we will wait for final report," Currin said. Currin added he may look more closely at the public use exemption Barrick employed to fly the aircraft without having a pilot's certificate. While working for the Sheriff's Department as the helicopter pilot, Barrick did not need a pilot's certificate for what were considered public use flights -- flights operated by a government entity in matters related to that entity. The NTSB report states Barrick did not have an airman's certificate or any evidence to show he was trained to pilot a helicopter. He was issued a third class medical certificate Sept. 26, 1988. On that application he stated he had accumulated 39 total flight hours.
Last Updated On: October 6, 2005
Copyright 2005 The Wake Weekly