Illegal CFI Faces Charge of Involuntary Manslaughter

This question is being asked at flight schools across the country as the CFI world and the nonaviation media are sharing the story of 36-year-old Philip Everton McPherson II, from Haddon Township, New Jersey. McPherson faces one count of involuntary manslaughter for the crash of the Piper PA-28-140 on September 28, 2022, that killed student pilot Keith Kozel, 49.

A federal grand jury indicted McPherson on August 1. He was arrested at his home on August 5.

McPherson’s commercial and CFI certificates were surrendered to the FAA more than a year before the accident because he had failed a 44709 ride (reexamination for airman privileges).

FLYING Magazine obtained a copy of the 11-page indictment that said McPherson "acted with gross negligence because he knew that he was not competent to safely fly an aircraft as the pilot in command.” According to the indictment, his commercial pilot and instructor certificates were surrendered to the FAA in October 2021 after he failed a reexamination ride.

McPherson was employed by ProFlite Aero Services in Easton, Pennsylvania. FLYING’s attempts to contact the flight school for comment were unsuccessful. The website for the business is no longer in operation.

According to the indictment, in 2021 the FAA received a hotline complaint about McPherson’s alleged poor airmanship that included going off the runway on two different occasions while flying with a student, resulting in substantial damage to the aircraft.

The first off-runway event was on November 18, 2020, when during the second attempt to land a Cessna 172 in a gusting crosswind the aircraft went off the side of the runway and the nosewheel failed, and the aircraft flipped onto its back. The winds near the site were reported as 13 knots gusting to 25.

The second event was on March 6, 2021, but FLYING was unable to locate the National Transportation Safety Board (NTSB) accident report for it.

The indictment notes the FAA made several attempts to reach McPherson—first by letter then by telephone—as part of its investigation to set up a reexamination ride. When he finally did the reexamination flight with the agency, he botched a go-around and the FAA safety inspector had to take the controls to prevent a crash, per the indictment.

After surrendering his commercial and CFI tickets, McPherson was granted a temporary certificate that allowed him to fly by himself or with another instructor in order to gain the skills necessary to regain his certifications. The temporary certificate carries the warning: “Carrying of Passengers Prohibited.”

McPherson did not request another reexamination ride, nor did he ask for an extension of the temporary certificate, which expired on November 8, 2021. But he continued to serve as a flight instructor carrying passengers.The indictment includes two pages of the initials of students and dates of flights.

He faces an additional 40 counts of serving as an airman without a certificate as he continued to fly with passengers and as an instructor between October 12, 2021, and September 2022.

According to the NTSB, the fatal flight took off at 1:40 ET. McPherson told the agency the purpose of the flight was to go to a towered airport nearby so Kozel, the student who had 51 hours, could practice towered-airport operations.

McPherson instructed Kozel to perform a soft field takeoff. The aircraft was sluggish during the takeoff roll and had trouble obtaining airspeed. Kozel flew the airplane in ground effect trying to build up airspeed, and at least once the aircraft settled back on to the runway.

McPherson allowed the takeoff to continue, but when the aircraft had trouble climbing above 200 feet, he took the controls. He told NTSB investigators that the engine was not producing full power, and there were trees ahead of them and no open places to land.

The Piper struck the trees and became inverted, coming down hard and catching fire. McPherson told investigators that Kozel was unresponsive after the crash. McPherson claimed he was injured but was able to drag himself away from the burning airplane. He told investigators he saw people approaching him and begged them to get Kozel out of the wreckage, but the fire was consuming the aircraft.

A witness account of the accident differs. The witness said he pulled McPherson from the wreckage and then tried to rescue Kozel, but the flames drove him back.

It should be noted that the Piper Cherokee only has a door on the right side of the fuselage. The instructor traditionally sits on the right side of the aircraft.

The NTSB ruled the cause of the accident to be a "partial loss of engine power for undetermined reasons." The investigation noted that the weather conditions at the time were conducive to the "development of serious icing at glide power and was between the range for icing at glide and cruise power and serious icing at cruise power."

According to the investigative docket, at the time of the accident McPherson reported having 1,350 hours total time of which 700 was in Piper Cherokees, with his last flight review or equivalent happening in March 2021. He also reported having flown 40 hours in the previous 90 days.

McPherson was arrested at his home in Allentown, Pennsylvania, on August 5. He pled not guilty to all the charges and was released the same day after posting a $50,000 bond and surrendering his passport.

If convicted he could face a maximum possible sentence of 128 years in prison and a $10.25 million fine, and a $4,100 special assessment. He has been assigned a public defender. 

According to the Office of the Inspector General, the case is being prosecuted by assistant U.S. attorney Robert Schopf and special assistant U.S. attorney Marie Miller.