Man faces 128 years in prison after student pilot killed in plane crash: officials

A 36-year-old man of Haddon Township, NJ is facing several charges in connection with a plane crash that left a student pilot dead. 

United States Attorney Jacqueline C. Romero announced Monday that Philip Everton McPherson II, 36,was charged by indictment with one count of involuntary manslaughter and 40 counts of serving as an airman without a certificate, in connection with the 2022 fatal plane crash in Lehigh County.

On September 28, 2022, McPherson acted as the pilot-in-command of a Piper-28-140 aircraft and took off from Queen City Airport in Allentown, PA, with a student pilot who officials identified in 2022 as 49-year-old Keith Kozel.

Just after takeoff, officials say McPherson crashed the plane, killing Kozel.

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According to the indictment, McPherson allegedly acted with ‘gross negligence’ since he knew that he was not competent to safely fly an aircraft as the pilot-in-command.

Officials say McPherson knew the following:

  • He was not competent to safely operate the aircraft because he had two prior accidents and almost a third.
  • He failed his September 29, 2021, reexamination for his pilot’s certificate for a lack of demonstrated competence.
  • He voluntarily surrendered his pilot’s certificate on October 7, 2021, acknowledging his lack of competence.
  • He allowed his Temporary Airman Certificate to expire on November 8, 2021, further acknowledging his inability to demonstrate to the Federal Aviation Administration ("FAA") his competence to fly safely.

Based on the indictment, McPherson has been charged with 40 counts of illegally serving as the pilot-in-command of an aircraft with passengers without having an FAA pilot’s certificate. 

The flights occurred between October 12, 2021, and September 20, 2022.

If convicted, he faces a maximum possible sentence of 128 years’ imprisonment, three years’ supervised release, a $10.25 million fine, and a $4,100 special assessment.