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Cessna 310 Pilot Pleads Guilty to Manslaughter

By Stephen Pope / Published: Dec 20, 2012
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A New Hampshire man who crashed his Cessna 310 on New Year’s Day in 2011, killing his daughter, will never get his pilot’s certificate back but avoided serving jail time after pleading guilty to manslaughter.

The judge in the case accepted a plea agreement reached between the defense and prosecution and sentenced Steven Fay, 58, of Hillsborough, New Hampshire, to a year of probation.

Fay, who held only a single-engine private pilot certificate, was at the controls of his 1961 Cessna 310F twin when it crashed a quarter mile short of Runway 19 at Orange Municipal Airport (ORE) in Orange, Massachusetts. He had taken off from Keene, New Hampshire, late in the afternoon on New Year’s Day and headed to KORE to practice touch-and-go landings with his 35-year-old daughter on board.

The FAA suspended Fay’s pilot certificate soon after the accident. Before the crash, Fay had been training for his multi-engine rating, although his flight instructor expressly prohibited him from flying his airplane alone.

The NTSB blamed the crash on pilot error, saying Fay failed to maintain separation from trees during the landing. Contributing to the accident were Fay’s inadequate preflight planning and lack of night flight experience, the NTSB found.

Prosecutors charged Fay with “unintentionally and unlawfully” causing his daughter’s death by means of “wanton or reckless conduct,” a crime that carried a maximum sentence of 20 years in prison. The judge in the case ordered that Fay be placed on unsupervised probation until Dec. 31, 2013, with the special conditions that he is prohibited from operating any aircraft, cannot seek reinstatement of his pilot’s certificate and must pay $2,300 restitution to the victim’s mother.

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24fps's picture

Fine with me. Our privileges as pilots are always hanging by a thread and guys like this are running with scissors.

chalete's picture

Too lenient, this was worse than driving a close relative or friend at night without license and crash causing the passenger´s death. Tell me what would that have meant in jail time for the driver in the same state of Massachusets.

veryhrm's picture

Oh please... He hit some trees on approach. This has WHAT to do w/ it being a twin ?
To me this sounds like a classic case of busting people because you can. Have you guys ever read those NTSB accident reports. There's always a section about the pilots certificates and the paperwork on the plane and the pilot's BAC.

You can practically hear the disappointment from whoever is writing that up when some irregularity with the paperwork doesn't show up so they can have someone to bust.

The thing i WOULD bust him for though is this:
"The National Transportation Safety Board said Malin was not wearing a seatbelt. She was pronounced dead at the scene. Fay suffered bruises. "

So the takeaway is tell your passengers to put on their seat belts! And practice some night landings. And watch out for trees.

Martin E Haisman's picture

veryhrm - I read NTSB, CAA various countries, BEA, TAIC accident reports all the time and have so for years. They are usually in a standard reporting format to ensure all areas relevant are covered and illustrated to the reader as having done so. The investigation work is painstaking as is the paperwork but if every single boring aspect saves a life or prevents a disability or prevents the agony of ongoing surgery then it is definitely worth it.

The report illustrates that the consequences of stupid actions means loosing a ticket/license. It also illustrates that the consequences (Passenger seatbelt is pilots responsibility) have lead to a manslaughter charge.

The only debate is the result of the manslaughter verdict. Some say too lenient and some say being responsible for the death of his daughter is a life sentence anyway. Might be a decision that its better to have a person continuing to pay taxes instead of being a tax burden in jail?

danzooo's picture

am i missing something here? i would think a large part of his punishment will be losing his daughter. the guilt should be extremely difficult. and he has to pay his wife 2300.00, what's the deal with that?

drmarkflies's picture

Criminal punishment and having to pay his wife is stupid. This pilot would probably never get behind the yoke again anyway, so the revocation is also stupid... but I guess everyone feels better now that he is punished and the FAA can dismiss the systemic problem. The systemic problem is that neither the NTSB nor the FAA seems to care about the human factors. The FAA worries about the FARs and the NTSB worries about the proximate cause, but you never hear about honest human factors. We are so worried about whether there is a discrepancy in our medical certificate that we don't have time to think about how a little over-confidence can get us killed.

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