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Copter crash leaves questions
by Kristina Leighton, Wake Weekly Staff Writer
May 20, 2004
The sheriff's deputy flying a helicopter that crashed in Franklin County last week was not certified as a pilot, according to the Federal Aviation Administration.
The FAA's Kathleen Bergen said that the agency can find no evidence that Franklin County Sheriff's Deputy Ben Barrick has ever had his pilot's certificate. Questions regarding insurance, the chopper's ownership and the cause of the crash are also under investigation, she said. The 1960s two-seater helicopter crashed Friday around 3 p.m., two miles from the Franklin County Airport off West River Road, killing Deputy Ted Horton, 53, and sending Barrick, 33, to the hospital. Barrick has since been released and attended Horton's funeral on Monday. According to the FAA, Barrick received his medical certificate in 1998, but was not a certified mechanic, as other news sources have reported. Bergen said that a medical certificate or certification of health is required to receive a pilot's certificate. "This is all still under investigation," she said. "Now we are trying to determine whether or not it was operating as a public flight or private flight at the time of the incident." A public-use flight is one operated by a government entity in matters related to that organization. If Barrick's flight is considered public use, Bergen said that a pilot's certificate would not have been required. If it were not public use, a certificate would have been necessary. Calls to Jones after the FAA's findings were announced were referred to County Attorney Darnell Batton, who did not return phone calls. In an interview with WRAL-TV, Jones said he thinks Barrick may not have been completely truthful about his pilot credentials. "I feel even worse since the funeral ... I'm thinking I've been betrayed," he said. The FAA continues to investigate the cause of the crash. Franklin County Sheriff Jerry Jones said witnesses who lived near the accident site told him they heard a loud pop. "It looks like there might have been some kind of tail rotor malfunction," he said. Bergen said the FAA will look at the mechanical condition of the helicopter and the environment in which the crash occurred, among other factors, to determine a cause. Some sheriff's deputies, including Taylor Bartholomew and Horton, became interested several months ago in bringing a search-and-rescue helicopter to the Franklin County area for use in emergencies. The deputies contacted Barrick, the president of the nonprofit Netstar Air Rescue organization in Elizabethton, Tenn., through the Internet. The Netstar organization provided the use of a helicopter free of charge in public security emergencies, search and rescue, natural disasters and other emergency situations. Barrick said in an interview before the accident that Netstar received money from the Homeland Security Department and donations, though he hadn't received any such funding in North Carolina. After several meetings earlier this year, Barrick agreed to start a chapter of the Netstar program in eastern North Carolina, based in Franklin County and serving 11 surrounding counties. At the time, Barrick said that Netstar would assume all costs, responsibility and liability for the helicopter. Efforts to reach Barrick after the accident were unsuccessful. No written contract between the county or sheriff's department and Netstar exists, said Jones. "We have access to a lot of agencies and resources that we can call on when we need to," he said. "We were trying to get Netstar onto that list and determine what would be their place. "We didn't get that far before the accident occurred." County Manager Chuck Murray said the county is looking into the arrangement. He said that the county typically has mutual-aid agreements that they sign with volunteer emergency service organizations, such as the volunteer fire departments. Jones said that Barrick told him he had insurance for the helicopter, but that he had not asked to see proof of coverage. The N.C. Department of Transportation said helicopters are required to carry insurance, but a pilot's certificate must be presented before insurance is granted. Frayda Bluestein of the North Carolina Institute of Government said that such a contract is not required by law, but that it would make good sense to have the relationship and all issues of liability on paper. The helicopter was last used to answer a call Thursday, May 13. Barrick and Horton responded to a call in Vance County in which seven minors had attempted to steal a truck. With the use of the helicopter, all suspects were taken into custody, Vance County Sheriff Thomas Breedlove said. Jones said the two had thought they'd seen marijuana plants during that flight, and left on Friday in the helicopter to verify the sighting. The helicopter appeared to be on its way back to the Franklin County Airport, where it was stored, when it crashed. Jones said Barrick was hired by the sheriff's department about three months ago. He said Barrick needed a job in the area before he could try to start a local chapter of Netstar. There was an opening for a deputy, and Barrick, who has a law enforcement background, applied. Barrick passed all criminal background checks and met all the requirements for a deputy, Jones said. He hired him at a salary of $30,000 a year. Jones said he made it clear to any deputies who were interested in volunteering with the organization that Netstar operations were to be handled separately from the sheriff's department. If Barrick received a page for the helicopter while on duty, he and Horton would be allowed to clock out to assist with the situation. Decisions on Barrick's future with the department won't be made until more information is available from the FAA, Jones said. Devoted deputy loved to fly To those who knew him, Franklin County Sheriff's Deputy Ted Horton was the jovial fellow who always had a smile. It is something, they say, that set him apart in the sheriff's department as the person guaranteed to bring a smile to anyone's face. Horton, 53, died Friday in a helicopter crash near West River Road in Louisburg, while confirming a marijuana sighting with Deputy Ben Barrick. Barrick was also injured in the accident, but was released from the hospital over the weekend. Horton was a Franklin County native, living most recently in Bunn with his wife, Ann Greene Horton. He worked for the Sheriff's Department for several years in the early 1990s, then rejoined the force in December 2002. Deputy Brian Watkins said he had only been with the department for 18 months when Horton returned to the department. "Ever since I started, I've taken the deputies with a lot of experience and tried to learn from them -- I tried to learn as much as I could from Ted," Watkins said. He said Horton had already done many of the things Watkins was interested in pursuing during his career. Horton had served as a K9 officer, a sergeant and had shown initiative in trying to get things done, such as bringing a helicopter to the county for use in emergencies. Sheriff Jerry Jones said he had known Horton for 45 years. "He and I grew up together," he said. "We'd been friends for a long time." Jones said Horton was good at his job and was one of the most reliable deputies on his staff. "Everybody has a group of people you'd call if you really need something done -- he was on that list," Jones said. "You'd call him and he'd be there. You never even had to say why." Horton was always aware of his surroundings, always "on patrol," Jones said. Watkins said that Horton often went above and beyond the call of duty. "He knew about everybody in the area he covered," he said. "(Horton) regularly checked in on his elderly residents and store clerks just to say hello." He would also stop by residences that had recently been broken into to reassure home-owners, Watkins said. Bill Mitchell, a fellow deputy and second cousin to Horton, said he was struck by Horton's dedication. Mitchell said Horton would work after hours off the clock because budget restrictions limited overtime. Both Jones and Mitchell said that outside of work, Horton tried to spend as much time flying as he could. "He loved his wife, loved to fly and loved being a deputy," Jones said. Horton, a fixed-wing pilot, wanted to learn how to fly the helicopter that he helped bring to Franklin County. "He died doing what he loved," Mitchell said. "We should all be so lucky." Watkins said that he thinks all young deputies can learn something from Horton's dedication. "To me, he is just what a law enforcement officer should be," he said. "He'd been in long enough, he knew he might not change the world, but he knew he could help make things better in this little part of it."
Last Updated On: May 20, 2004
Copyright 2004 The Wake Weekly