Pleads Not Guilty; Faces 10 Years In Prison
An
attorney representing pilot Mark Strub entered a plea of not guilty
this week, on a charge of homicide by negligent use of a motor
vehicle in connection with a 2004 plane crash that killed
passenger Kimberly Reed. If convicted, he faces up to 10 years
in prison.
As ANN reported, Reed was one
of several passengers Strub gave 10-minute rides to in his Stearman
PT-13 (type shown below) during the 2004 Children's Miracle Network
Balloon Rally in Wisconsin Rapids, WI. Strub had volunteered his
time and plane for the event.
According to the NTSB Probable Cause report on the crash, Strub
said he had given three people free rides prior to the accident
flight. Reed has asked for an aerobatic flight, so with both
persons wearing parachutes the plane departed, and climbed to 3,000
feet AGL.
After performing one Cuban eight, a loop, and two hammerhead
stalls, Strub and Reed were heading back to the airport, at an
altitude of about 50 feet over the Wisconsin river.
"Just as I was to initiate a climb I struck power lines crossing
the river," Strub told investigators. "I noticed the power lines
not more that 1/2 second before impact."
The Stearman's landing gear struck the power lines, and the
airplane landed inverted in Nepco Lake in about 3-4 feet of water.
Officials believe Reed was killed on impact; Strub escaped with
minor injuries.
According to the Wisconsin Rapids Tribune, Strub's attorney,
Harry R. Hertel, asked Tuesday for a substitute judge. Circuit
Court Judge James Mason has ordered the case bound over for
trial.
Hertel also requested the charge be dismissed, saying not only
had Strubs showed concern for Reed, he had not acted
recklessly.
"Accidents happen," Hertel said. "If this is criminal
negligence, they're going to have to shut down what happens in
Oshkosh with the EAA."
FAA safety inspector Karen Krueger said a witness saw a
low-flying plane "pull up to clear some wires" and then continue
around a bend. The witness stated he was "concerned and hoped the
pilot knew about additional wires across the river." He heard
emergency vehicles 10 to 15 minutes later, Krueger said.
"FAA regulations call for maintaining a minimum altitude of 500
feet. Strub was flying too low," Krueger said. "We made the
determination he was flying in an extremely reckless
manner."
Krueger said Reed became queasy during the ride and Strub
stopped doing stunts. After impact, the pilot attempted to
extricate Reed before running about a half mile for help.
Krueger told the newspaper she knew of no other accidental plane
crash that had resulted in criminal charges.