Pilot Charged With Involuntary Manslaughter

Foreign countries routinely bring criminal charges against pilots after an accident. But in the US, criminal charges are very rare. And that's a good thing because "criminalizing negligence" usually does little to promote safety.  

But perhaps there are exceptions.

Pilot Steven Fay bought his 1960 Cessna in June 2010.  He crashed it after dark on New Year'scessna 310 Day 2011. He survived with minor injuries but, sadly, his 35 year-old daughter -- the passenger on the plane -- did not.

A Massachusetts grand jury has now indicted him for involuntary manslaughter, which carries a possible 20 year prison term.

Fay's Cessna, a Cessna 310, was a "multi-engine, complex, high-performance airplane." Trouble is that:

  • Fay was not licensed to fly a twin-engine aircraft;
  • Fay did not hold a high performance aircraft endorsement;
  • Fay did not hold a complex aircraft endorsement;
  • Fay's last night landing was ten years earlier, and thus he was not legally entitled to carry a passenger in any aircraft at all.

According to the NTSB report, neither weather nor mechanical problems played a factor. 


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Comments (3) Read through and enter the discussion with the form at the end
Aviator - February 6, 2012 4:30 PM

Wow, just wow. At this stage in life, Mr. Fay should be enjoying (or looking forward to) retirement. Instead he faces the loss of his daughter, criminal charges and the possibility of 20 years in prison.

This will make pilots think twice before they deliberately break the rules.

David K - February 22, 2016 12:07 PM

So the criminal charges would never have been brought if he was "legal" to fly the plane? If I, as a pilot, take a group of non-pilots flying and say crash from fuel exhaustion; if a passenger doesn't survive, wouldn't I be subject to criminal charges?

Mike Danko - February 22, 2016 2:25 PM

In other countries, criminal charges are routinely brought after an aircraft crash. In this country, they are not. The only aviation accident cases in this country of which I'm aware that have resulted in criminal charges have involved unlicensed pilots or drunk pilots.

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