A mother’s reaction to the criminal charges against the former Carson Helicopters employees

The mother of one of the firefighters killed in the crash of the Carson-owned helicopter has been following very closely the NTSB and criminal investigations into the crash that killed her son, Scott Charlson, six other firefighters, and two air crew members. Both investigations agreed that Carson Helicopters intentionally falsified documents about the performance of their helicopters which led the U.S. Forest Service and the flight crew to erroneously believe the Sikorsky S-61N could carry the load of firefighters when it attempted to lift off from a helispot on the Iron 44 Fire in northern California in 2008. The helicopter crashed and burned as it struggled to become airborne, killing nine people.

Last week a federal grand jury in Medford, Oregon indicted Steven Metheny, 42, former Vice President of Carson Helicopters, and Levi Phillips, 45, the former maintenance chief of the company, for charges which could earn them 20 or more years in federal prison if convicted.

Below is the reaction of Scott’s mother, Nina Charlson, to the indictments:

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“I am very thankful the criminal investigation was pursued. While it does not bring our loved ones back or change the heartache and emotional torture surviving firefighters and families have had to endure the past 4 ½ years it does confirm some of the things we have been told since the crash.

Besides the sentences the Federal Government will hand out I would like for these two men, Steve Methany and Levi Phillips to sit before the family and friends (one family at a time) of Shawn Blazer, Scott Charlson, Matt Hammer, David Steele, Caleb Renno, Edrick Gomez, Bryan Rich, Roark Schwanenberg and Jim Ramage and hear how their lives have changed since 7:45 p.m. August 5, 2008. I would like for them to sit before Bill Coultas, Mike Brown, Jon Frohreich and Rick Schroeder and their families and hear how their lives changed that night. I would like them to sit before the firefighters that were on the mountain at the time of the crash and listen how their lives changed that night. I would like for them to sit before Grayback Forestry, US Forest Service, Cal-Fire and the entire firefighter brotherhood and hear what they have to say about that fateful night.

We were told this crash was preventable and predictable on many levels and sadly we have found that to be true. Initially when I was told about the crash – foul play was not what came to my mind. Accidents happen. But this was no accident and it complicates the grief we are experiencing.

Nothing that takes place in the future can bring our loved ones back to us or stop the emotional torment that is present in so many minds at this very moment because of the criminal acts these two men committed over and over again – even after the crash. No remorse – it was all about them, their greed and their life.

Several families of the fallen firefighters have determined to take as many steps as necessary to send a message to anyone in the future who may be driven by greed or glory. We will remind them of the bottom line – Our sons, fathers and husbands lives. We will do whatever it takes to help protect lives and families in the future. In Dec. of 2011 several families of the fallen traveled back to Washington DC to attend a Public Aircraft Forum hosted by the NTSB. There were very powerful worldwide leaders in the Public Aircraft world that were present. We were thanked by many of them for being there because we gave them a visual of what their good or poor decisions can do. It is not easy for us to make these trips financially or emotionally but if we can influence decisions to save future lives we will continue in the honor of our loved ones who paid the ultimate price.”

Former employees of Carson Helicopters indicted over fatal Iron 44 Fire crash

Sikorsky S-61N helicopter operated by Carson
Sikorsky S-61N helicopter operated by Carson

Two former employees of Carson Helicopters are facing 20 years or more in prison for charges related to the crash of a helicopter August 5, 2008 that killed nine people (seven firefighters and two crew members) as it attempted to take off from a remote helispot on the Iron Complex or Iron 44 Fire in northern California.

Last week a federal grand jury in Medford, Oregon indicted Steven Metheny, 42, former Vice President of Carson, and Levi Phillips, 45, the former maintenance chief of the company, for charges of conspiracy to defraud the United States which could earn them up to 20 years in prison if convicted.

Metheny was also indicted in 22 other counts of mail fraud, wire fraud, making false statements to the Forest Service, endangering the safety of aircraft in flight, and theft from an interstate shipment. In addition to the 20 years for conspiracy to defraud charges, he could get a maximum sentence of 20 years for every mail and wire fraud count, 20 years for each endangering the safety of aircraft in flight count, 10 years for the interstate theft count, and up to five years for each false statement count.

According to the findings of  the National Transportation Safety Board in 2010, there was “intentional wrong-doing” by Carson Helicopters that under-stated the weight of the Sikorsky S-61N helicopter and over-stated its performance in the documents they provided to the USFS when bidding on $20 million in firefighting contracts for seven helicopters. As a result, when the helicopter attempted to take off from the helispot on the Iron 44 Fire with firefighters and a flight crew of three, it was over the allowable weight even before the firefighters boarded the ship. The helicopter crashed into some trees and caught fire, just after lifting off.

Killed in the crash were pilot Roark Schwanenberg, 54; USFS check pilot Jim Ramage, 63; and firefighters Shawn Blazer, 30; Scott Charlson, 25; Matthew Hammer, 23; Edrik Gomez, 19; Bryan Rich, 29; David Steele, 19; and Steven “Caleb” Renno, 21. The copilot and three other firefighters were seriously injured.

In March of 2012, a jury ordered the manufacturer of the helicopter’s engines, General Electric, to pay $69.7 million to William Coultas (the surviving pilot), his wife, and the estate of Roark Schwanenberg (the pilot who was killed).

After the crash, between September 26 and October 3, 2008, the USFS suspended the contract for some of Carson’s helicopters. On February 18, 2009, the USFS canceled their contract (copy of the contract) with Carson (copy of the termination letter) based on inaccurate claimed weights of the helicopters. The company then surrendered their FAA Certificate which is equivalent to an operating license. After that they received a contract for seven S-61s to fly for the military in Afghanistan as a subcontractor for the company formerly known as Blackwater Worldwide, which was renamed “Xe”. In February 2010, Sikorsky announced a joint venture with Carson to supply up to 110 modernized S-61T helicopters to the U.S. government, primarily for the State Department.

The U.S. Attorney’s office in Oregon is working with the Offices of Inspector General for both the Department of Agriculture and the Department of Transportation in Portland, Oregon and Seattle, Washington, and the FBI and the IRS in Medford, Oregon in the investigation and prosecution of this case.

Thanks go out to Joseph and Kelly.

Jury awards $70 million for helicopter crash on Iron Complex fire

After deliberating for over a week a jury in Oregon decided on Tuesday that the manufacturer of the engines was at fault for the crash of a helicopter that was transporting wildland firefighters on the Iron Complex (or Iron 44 fire) in 2008. Nine people died in the crash as it attempted to take off from a remote helispot in northern California. Seven of those killed were firefighters. One was a U.S. Forest Service check pilot, observing the operation of the helicopter’s crew, and another was one of the two pilots working for the owner of the ship, Carson Helicopters.

The surviving pilot, William Coultas, his wife, and the estate of the pilot who was killed, Roark Schwanenberg, brought a $177 million lawsuit against General Electric, the manufacturer of the engines.

The jury, after deliberating for six days, made the following awards, totaling $69.7 million:

  • $37 million to William Coultas
  • $4.3 million to Coultas’ wife
  • $28.4 million to the estate of Roark Schwanenberg

Their case revolved around the plaintiffs’ belief that there were problems with a fuel control valve and that the specifications on the fuel filters were inadequate to remove contaminants. They claimed that GE had been aware of the problem for six years.

GE’s defense was along the same lines as the findings of a National Transportation Safety Board investigation of the crash, which determined that the owner and operator of the Sikorsky S-61N helicopter, Carson Helicopters, under-stated the weight of the helicopter and over-stated its performance in the documents they provided to the U.S. Forest Service when bidding on their firefighting contract. The NTSB estimated that the actual empty weight of the helicopter was 13,845 pounds, while Carson Helicopters stated in their contract proposal that the weight was 12,013 pounds. For the purpose of load calculations on the day of the crash, the pilot assumed the weight to be 12,408 pounds, which was 1,437 pounds less than the actual weight estimated by the NTSB. According to their findings, for the mission of flying the firefighters off the helispot, the helicopter was already over the allowable weight even without the firefighters on board.

The families of eight men who were killed and three who were injured, previously reached out-of-court settlements with Carson Helicopters and the manufacturer of the helicopter, Sikorsky.

Some of the details of the monetary award still have to be worked out. Here is an excerpt from Oregonlive, which says the jury…

…found GE 57 percent at fault — and attorneys will argue in the next 10 days whether that means GE must pay all $70.455 million that the jurors awarded, or whether GE must pay only 57 percent, which amounts to about $40 million.

Jurors found Carson Helicopters 23 percent at fault, but the company won’t be liable for paying its share of the verdict because a judge dismissed them from the case. The jury also found Sikorsky 20 percent at fault, but the company settled with the plaintiffs for an undisclosed amount shortly after trial started. That means Sikorsky isn’t responsible for paying any of the verdict, said Anderson, the plaintiffs’ attorney.

After the crash the U.S. Forest Service canceled their contract with Carson Helicopters. The company then surrendered their FAA Certificate which is equivalent to an operating license. However, they may still be flying for the military in Afghanistan as a subcontractor for the company formerly known as Blackwater Worldwide, which was renamed “Xe”.

Killed in the crash were pilot Roark Schwanenberg, 54; USFS check pilot Jim Ramage, 63; and firefighters Shawn Blazer, 30; Scott Charlson, 25; Matthew Hammer, 23; Edrik Gomez, 19; Bryan Rich, 29; David Steele, 19; and Steven “Caleb” Renno, 21.

Jury deliberating on $17 million suit related to fatal helicopter crash on Iron Complex fire

A jury in Oregon is deliberating, after a week-long trial, a case related to the crash of a helicopter on the Iron Complex (or Iron 44) fire in northern California in 2008 that killed nine firefighters and crew personnel. The lawsuit was initiated by the surviving co-pilot, William Coultas, and the estate of the pilot who died, Roark Schwanenberg. They are suing the maker of the helicopter’s engines, General Electric, for $177 million, claiming there were problems with a fuel control valve and that the specifications on the fuel filters were inadequate to remove contaminants.

GE’s position agrees with the findings of the NTSB which determined that the owner and operator of the Sikorsky S-61N helicopter, Carson Helicopters, under-stated the weight of the helicopter and over-stated its performance in the documents they provided to the U.S. Forest Service when bidding on their firefighting contract. The NTSB estimated that the actual empty weight of the helicopter was 13,845 pounds, while Carson Helicopters stated in their contract proposal that the weight was 12,013 pounds. For the purpose of load calculations on the day of the crash, the pilot assumed the weight to be 12,408 pounds, which was 1,437 pounds less than the actual weight estimated by the NTSB. According to their findings, for the mission of flying the firefighters off the helispot, the helicopter was already over the allowable weight even without the firefighters on board.

Mr. Coultas has long claimed that Carson Helicopters and the two pilots were not at fault for the accident and that the engines did not provide full power as they lifted off the helispot that day with a load of wildland firefighters. The NTSB disagreed, saying that the engines were operating at full power when the rotors clipped trees as it tried but failed to gain adequate altitude.

Killed in the crash were pilot Roark Schwanenberg, 54; pilot Jim Ramage, 63; Shawn Blazer, 30; Scott Charlson, 25; Matthew Hammer, 23; Edrik Gomez, 19; Bryan Rich, 29; David Steele, 19; and Steven “Caleb” Renno, 21.

The jury began their deliberations on Thursday, March 15. We will update this article when they return a verdict.

Thanks go out to Christian and Dick

Reminder about NTSB public aircraft oversight safety forum

This is a reminder about the National Transportation Safety Board’s two-day Public Aircraft Oversight Safety Forum that we first told you about in September. It will be held in Washington D.C. and will begin at 9:00 a.m. ET, Wednesday, November 30, 2011 and continue through Thursday, December 1st. It will be available for the public to view live on the internet at the NTSB web site.

The forum could affect the way land management agencies use firefighting aircraft, including helicopters, air tankers, and other fixed wing aircraft while managing wildfires.

I am thinking that one of the primary reasons the NTSB is looking into this issue is the helicopter accident on the 2008 Iron Complex fire near Weaverville, California in which nine firefighters died. The NTSB investigation brought to light information that made it clear the FAA and the U.S. Forest Service had inadequate oversight of the operation of aircraft used for wildland firefighting on federal lands. According to the NTSB, there was “intentional wrong-doing” by Carson Helicopters that under-stated the weight of the helicopter and over-stated the performance of the helicopter in the documents they provided to the USFS when bidding on their firefighting contract.

Some of the family members of the firefighters that died on the Iron Complex fire will attend the forum in person in Washington D.C. They have been having trouble finding out if any federal agencies are actively pursuing a criminal investigation into the activities of Carson Helicopters and the company’s role in the fatal accident.

Below is the text from an NTSB press release about the forum:

Continue reading “Reminder about NTSB public aircraft oversight safety forum”

NTSB to hold public forum on the oversight of firefighting aircraft

Sikorsky S-61N helicopter operated by Carson
Sikorsky S-61N helicopter operated by Carson

Following the 2008 crash of the Sikorsky S-61N helicopter operated by Carson on the Iron Complex fire near Weaverville, California in which nine firefighters died, it became clear that the FAA and the U. S. Forest Service had inadequate oversight of the operation of aircraft used for wildland firefighting on federal lands. Here is an excerpt from an article we wrote December 8, 2010 after the NTSB presented their findings from the investigation:

Who regulates wildfire aviation?

The answer is: nobody. The FAA claims they have no authority to regulate the aviation activities of other federal agencies or state and local governments. This authority has to be granted by Congress, which has shown no interest in becoming involved in the aviation safety of firefighters. And the federal agencies, or at least the U.S. Forest Service as proven in this accident, generally do not have the aviation expertise to inspect and regulate their own agency-owned or contracted aircraft. Good luck in trying to not think about this the next time you’re climbing into a helicopter at a fire. (Let’s see – got hard hat, gloves, line gear, tool, life insurance.)

Today the NTSB announced that they will hold a public forum on the oversight of “public aircraft operations”, which includes aircraft used by the federal government on wildland fires. Maybe something good will come out of this, but all they can do is make recommendations, and the FAA sometimes ignores recommendations made by the NTSB. And good luck getting Congress to do anything about anything.

Here is the full text of the NTSB announcement:

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“FOR IMMEDIATE RELEASE: September 30, 2011

NTSB ANNOUNCES PUBLIC AIRCRAFT FORUM

The National Transportation Safety Board will hold a two-day forum on safety issues related to the oversight of public aircraft operations on November 30 and December 1, 2011, in Washington, D.C.

The event, entitled “Public Aircraft Oversight Forum: Ensuring Safety for Critical Missions,” will be chaired by NTSB Chairman Deborah A.P. Hersman and all five Board members will participate.

Public aircraft are operated by a federal, state, or local government for the purpose of fulfilling governmental functions such as national defense, intelligence missions, firefighting, search and rescue, law enforcement, aeronautical research, or biological or resource management. Government organizations conducting public aircraft operations supervise their own flight and maintenance operations without oversight from the Federal Aviation Administration (FAA).

“Our accident investigations have demonstrated the risks of inadequate safety oversight and identified persistent confusion as to the role of the FAA when it comes to public use aircraft,” said Chairman Deborah A.P. Hersman. “During the forum, we will gather information on the roles and responsibilities of the entities engaged in public aircraft operations and hear about methods for ensuring effective safety oversight.”

Recent NTSB investigations of accidents involving public aircraft include:

  • the August 5, 2008, accident near Weaverville, California, involving a helicopter operated by the U.S. Forest Service on a firefighter transport mission
  • the September 27, 2008, accident in District Heights, Maryland, involving a helicopter operated by the Maryland State Police as a medical evacuation flight
  • the June 9, 2009, accident near Santa Fe, New Mexico, involving a helicopter operated by the New Mexico State Police on a search and rescue mission

Panelists participating in the forum will represent federal, state, and local government entities, aviation industry trade associations, and civil operators contracting with government entities. A detailed agenda and list of participants will be released closer to the date of the event.

The forum will be held in the NTSB Board Room and Conference Center, located at 429 L’Enfant Plaza, S.W., Washington, D.C. The public can view the forum in person or by webcast at www.ntsb.gov.”