What went wrong in doomed flight from Albany Airport? (2024)

An investigation into a fatal crash found that the pilot pushed his aircraft beyond its limits, leading to his and a passenger’s deaths.

In July 2021, Charles “Chuck” Kizer, 57, took off from the Albany Municipal Airport with Matthew Irish, 49, aboard an unregistered, amateur-built North Wing Mustang 3 light sport trike heading north.

The pair flew over Kizer’s home less than a mile north of the airport, then continued northeast about 3 miles for a fly-by of Irish’s home in Millersburg in the dusky but clear evening sky, according to reports from the National Transportation Safety Board.

“Off into the sunset they fly,” Elizabeth Irish is heard saying as she records her husband's flight passing overhead on her phone.

Irish’s wife and daughter were watching and recording the flight from their yard when Kizer banked left into an almost 90-degree turn, plunging more than 200 feet down at around 60 mph into a cut grass seed field south of Northeast Deciduous Avenue.

In less than 10 seconds, the flight went from joyful excursion to deadly nightmare. Both men died at the crash scene.

Kizer was reportedly a longtime amateur pilot, though he did not have a pilot’s license, which is not required to fly an ultralight aircraft designed or intended for solo flights. However, the Federal Aviation Administration requires certification and registration for light sport aircraft, which can carry passengers.

The National Transportation Safety Board determined the crash was caused by “the noncertificated pilot’s loss of aircraft control after a low-level turn with a bank angled that exceeded the manufacturer's operation limitations.”

The final report in the investigation was released more than two years after the crash.

“The manufacturer’s manual stated that flying the aircraft with a bank angle exceeding 60-degrees should never be attempted under any circ*mstance,” the agency reported.

A post-crash examination of the aircraft revealed no evidence of any mechanical or manufacturing anomalies, according to the agency, which reported the aircraft’s Yamaha engine was within its normal speed range while the aircraft was banked. The engine reportedly had 287 operating hours on it.

Kizer’s postmortem toxicological testing detected delta-9-THC, the primary psychoactive component of cannabis, according to the National Transportation Safety Board. In the agency’s crash report, it cited THC as a federally controlled substance that the Federal Aviation Administration considers unsuitable for flying, regardless of state cannabis laws.

The antidepressant medication citalopram was also detected in Kizer’s toxicology report, which states citalopram carries a warning that any psychoactive drug may impair judgment, thinking or motor skills, and users should be cautioned about operating hazardous machinery until they are reasonably certain it does not affect their abilities.

In a lawsuit, however, Irish’s family claimed the city of Albany’s negligence led to his death.

The Irish family’s attorneys alleged Kizer lacked the skills and qualifications to legally or safely operate an aircraft, particularly one carrying passengers.

They also alleged city staff and Kizer family members should have acted to stop Kizer from flying, noting he was a member of the city's Airport Advisory Commission who should have known and followed regulations.

Court documents show the case was dismissed in December as the claims were “fully compromised and settled” by the Irish family, the city and Infinite Air Center. The claims against the Kizer family had already been dismissed by a judge along with a third-party complaint from Albany against Kizer’s estate.

A settlement agreement obtained through a public records request shows insurance companies representing the city of Albany and Infinite Air Center split the cost of a $300,000 payment to settle the lawsuit. Neither entity admitted any fault or wrongdoing under the settlement terms.

Albany City Manager Peter Troedsson, a retired military pilot with 30 years of experience, said the National Transportation Safety Board’s final assessment of the crash makes it clear there was one cause of the tragic accident.

“The responsibilities for a pilot’s training, for operations in accordance with federal aviation regulations, and for the exercise of sound aviation judgment and practice, are those of the pilot alone,” Troedsson said via email.

Troedsson highlighted the determination that Kizer exceeded his aircraft’s capabilities by attempting a banking turn well beyond what it was built to handle.

“It was a tragedy for two families, but there is no policy change the city can make that will guarantee that pilots follow rules and use good judgment,” he said.

“The city played no role in the accident and remains in compliance with all state and federal requirements of operating our airport.”

So, why would the city pay to settle the case if it was not at fault for the crash? Troedsson said it comes down to a straightforward equation: It costs less to settle than it does to go to court. He added that a settlement does not indicate responsibility.

“The insurance company is in the driver’s seat,” Troedsson said. “They will tell the city (or any other client) that the client has the option of not settling, but that if that’s the choice, then they won’t cover anything above what it costs to settle.”

Troedsson acknowledged that this approach could encourage other plaintiffs to file lawsuit but said insurance companies are aware of that possibility and are unlikely to change their approach. He said the cost is simply passed on, resulting in upward pressure on premiums for clients.

Albany Transportation Manager Robb Romeo declined to comment on the crash or any changes it may have led to at the Albany Municipal Airport except to say the facility follows all pertinent laws and regulations.

Tony Hann, operations manager for Infinite Air Center, also declined to comment outside of echoing Romeo’s response.

Related stories: