N5163R

On June 19, 1994, at 1147 eastern daylight time, a Marvin E, Eubanks VP-1, N5163R, was destroyed following a collision with terrain and post crash fire near New Bern, North Carolina. The private pilot was fatally injured in the accident. The aircraft was being operated under 14 CFR Part 91 by the pilot. Visual meteorological conditions existed at the time, and no flight plan had been filed for the local, personal flight. The flight departed New Bern, North Carolina at an undetermined time.

The fabric and wood constructed homebuilt aircraft impacted in a soybean field on the family farm where the aircraft was based. Except for the Volkswagen engine core and metal control cables, the aircraft was completely consumed in the post crash fire. Examination of the aircraft engine was not possible as a result of the damage caused to the external components by the post crash fire.

There was a ground scar approximately 3 feet in diameter located next to the aircraft engine. The wooden propeller was splintered at the hub, and the propeller blades were consumed in the fire.

The pilots father, who was the first to arrive at the accident site, stated that the pilot told him that the aircraft engine quit and he was attempting an emergency landing in the soybean field when the accident occurred.

There were no witnesses to the flight of the aircraft or the accident. Residents in the area stated that in the past, the pilot had on occasion used a short section of a dirt road, located on the east side of the accident site, for a runway. The dirt road had tall trees located on the west side and at either end of the area used as a runway. On the east side of the road were power transmission lines and the soybean field was located just beyond the transmission lines.

The residents stated that in the past, the pilot had been observed to take off to the south on the dirt road. They stated that the road was not long enough for the aircraft to gain enough altitude to clear the trees at the end, and the pilot had in the past made a left turn under the power lines, and flown the length of the soybean field prior to gaining speed and altitude.

An autopsy of Mr. Eubanks was conducted By Dr. John P. Tazelaar of the Office of Chief Medical Examiner, Chapel Hill, North Carolina. The cause of death was reported to be complications which resulted from burns that covered 95% of the pilot's body.

Toxicological examination was completed by Dr. John P. Tazelaar of the Office of Chief Medical Examiner, Chapel Hill, North Carolina. No ethanol nor other drugs were detected.