N3944UCruz Ismael SE5A REPLICA

On October 9, 2009, at 1354 mountain standard time, an experimental Cruz SE5A Replica biplane, N3944U, crashed into a scrap metal yard about 1/2 mile north of the airport shortly after takeoff from the Phoenix Deer Valley Airport, Phoenix, Arizona. The pilot operated the borrowed airplane under the provisions of Title 14 Code of Federal Regulations Part 91, as a personal flight. The pilot, the sole occupant was killed. The airplane was thermally consumed in the post-impact fire. Visual meteorological conditions prevailed for the flight and no flight plan had been filed.

One witness' attention was drawn to the accident airplane because he heard an unfamiliar sounding engine. He saw the airplane depart runway 25L at an altitude of about 150 to 200 feet, in a normal climb attitude. He stated that the airplane made a left crosswind turn; however, it rolled into a right spin. From the witnesses position he was able to see about 2.5 rotations before seeing a cloud of smoke; he estimated the airplane reached an altitude of about 500 feet. The witness reported that the climb appeared normal and the engine was running smoothly and producing takeoff power.

Another witness in a parking lot reported that his attention was drawn to the airplane due to its low altitude; he estimated that the airplane was no more than 100 feet. The airplane passed overhead traveling in a westbound direction in level flight. The airplane then pitched up, and took an erratic turn to the right. As the airplane exited the turn it was in a nose up attitude, it flew another 100 feet and then started a nose down spin until it impacted the ground.

A review of Federal Aviation Administration (FAA) airman records revealed that the 37-year-old pilot held a commercial pilot certificate with ratings for airplane single and multi-engine land, and instrument airplane. The pilot also held a certified flight instructor (CFI) certificate with ratings for airplane single and multi-engine land, and instrument airplane.

The pilot held a first-class medical certificate issued on August 25, 2009. It had no limitations or waivers.

No personal flight records were located for the pilot. The NTSB investigator-in-charge (IIC) obtained the aeronautical experience listed in this report from a review of the FAA airmen medical records on file in the Airman and Medical Records Center located in Oklahoma City, Oklahoma. The pilot reported on his most recent FAA medical application dated August 25, 2009, a total time of 270 flight hours with 55 hours logged in the last 6 months.

The airplane, N3994U, was an experimental-amateur built 1986 Cruz SE5A Replica biplane, serial number 074140. The airplane was powered by a Teledyne Continental Motors O-200-A, serial number 67901-7-A piston engine. According to an FAA inspector, the owner of the airplane, who was also the father of the pilot, reported that this was the pilot's first flight in the airplane. The owner also reported that all of the airplane's maintenance records were in the airplane at the time of the accident.

The airplane was refueled on October 03, 2009, with 6.1 gallons of fuel.

The pilot was in contact with the Deer Valley airport traffic control tower (ATCT). The local controller reported clearing the pilot for takeoff with a straight out restriction. At the departure end of the runway, the controller approved the pilot for a right turn. The pilot's transmission was unintelligible, and the controller reissued the right turn instruction. The controller then observed the airplane make a right turn and then go down about 1/2 mile west of the airport. Two additional controllers observed the airplane in a spin prior to impacting the ground.

FAA inspectors responded to the accident site located 1.5 miles west of the departure end of runway 25L at Deer Valley Airport. The airplane came to rest in a scrap metal yard and had been thermally consumed by the postimpact fire. FAA inspectors were able to identify all the hardware for the flight controls.

The Maricopa - Office of the Medical Examiner completed an autopsy on October 13, 2009. The cause of death was listed as blunt force head trauma and thermal injury.

The FAA Forensic Toxicology Research Team CAMI, Oklahoma City, performed toxicological testing of specimens from the pilot. Analysis of the specimens contained no finds for carbon monoxide, cyanide, volatiles, and tested drugs.

The airframe and engine were inspected by FAA inspectors along with a representative from Teledyne Continental Motors (TCM), a party to the investigation.

Visual examination of the engine revealed no obvious mechanical malfunctions. It was noted that the crankshaft was pushed aft of its original position and the TCM representative was not able to rotate the engine by hand. Under the supervision of the FAA, the engine was disassembled. Damaged components included the crankshaft propeller flange, crankshaft main bearings, crankshaft oil slinger ring, and crankshaft gear cluster. The inspection revealed no abnormalities that would have prevent normal operation and production of rated horsepower.