MIA94LA013

Poor judgement of the pilot, due to consumption of alcohol and use of drugs, and his failure (or inability) to maintain altitude (or clearance) above water at night. Darkness was a related factor.

The pilot was observed departing a bar at about 0230 with a twelve pack of beer & 2 persons that were later identified as passengers of the airplane. His body & those of the 2 passengers washed ashore the next day. Most of the airplane was not recovered, but some parts of it also washed ashore. These included aircraft seats that were torn from their respective tracks & a section of the left wing that bore the aircraft serial number in black ink. Toxicology tests of the pilot's blood were positive for ethanol (144 mg/dl), acetaldehyde (20 mg/dl), tetrahydrocannabinol carboylic acid (marijuana/ 0.004 ug/ml), diazipam (0.16 ug/ml), nordiazepam (0.179 ug/ml), benzoylecgonine (0.378 ug/ml) & hydrocodone (0.019 ug/ml). His urine was positive for ethanol (227 mg/dl), acetaldehyde (6 mg/dl), tetrahydrocannabinol carboxylic acid (0.026 ug/ml), cocaine (1.642 ug/ml), icgonine methyl ester (0.982 mg/ml), & acetaminophen (5.7 ug/ml). Also, cocaethylene, oxazepam, hydrocodine & hydromorphone were detected in his urine.

On October 29, 1993, three bodies and a small amount of airplane wreckage washed ashore in Ormond Beach, Florida, about 1400 eastern daylight time. The wreckage was that of N888AS, a Beechcraft A-36 registered to the pilot's father Boyd F.Herman, The pilot Bruce R. Herman was identified. The two other passengers were also identified. Visual meteorological conditions prevailed the previous night and no flight plan was filed. The airplane was not recovered and is presumed to be destroyed. The flight originated at an unknown time in the early morning hours the same day. The pilot was last seen leaving a bar with two females who were later identified as the passengers about 0200 hours, and purchased a 12-pack of beer. His vehicle was found in his hangar with numerous empty beer cans in and around it. No witnesses were located who observed the airplane depart nor crash. Some of the debris recovered was similar in color to N888AS, and some of the parts had the airplane serial number written on them with black marker. Postmortem examination of the pilot was conducted by the Medical Examiner, Dr. Frederick P. Hobin, who reported the cause of death to be multiple crushing traumatic injuries. Toxicological examination was conducted by the Civil Aeronautical Medical Institute, in Oklahoma City, Oklahoma. The results were positive for alcohol, 144 [mg/dl] blood, and 227 [mg/dl] urine. Tetrahydrocannabinol was positive .004 [ug/ml] blood, and .026 [ug/ml] urine. The results were positive for cocaine .078 [ug/ml] blood. Multiple other drugs were identified and are noted in the results of toxicological examination attached to this report. -