US authorities poised to charge Orbic Air with criminal negligence over the 2024 crash that killed Herbert Wigwe and family, citing pilot disorientation.
US authorities are poised to pursue criminal negligence charges against Orbic Air, LLC, the operator of the Airbus EC130B4 helicopter that crashed near Halloran Springs, California, on 9 February 2024, claiming the lives of former Access Holdings Plc Group Chief Executive Officer Herbert Wigwe, his wife, son, a former NGX Group Chairman, and two pilots.
The NTSB’s final report attributed the crash primarily to pilot disorientation under visual flight rules in instrument meteorological conditions, compounded by a known radar altimeter fault flagged earlier that day.
Under Title 14 Code of Federal Regulations (CFR) Part 135, operators bear stringent duties to ensure safe flight operations, with breaches potentially constituting criminal negligence under US law.
The impending legal action, likely led by the US Department of Justice after a judicial panel of inquiry, could become a watershed for regulatory enforcement in private charter operations globally.
Background of the Crash
On 9 February 2024, at approximately 10:00 PM PST, an Airbus EC130B4 (N130CZ) operated by Orbic Air, LLC, departed Palm Springs International Airport en route to Boulder City Municipal Airport, Nevada, for Super Bowl week operations.
On board were six individuals: Herbert Wigwe, his wife Doreen, their son Chizi, Abimbola Ogunbanjo (former NGX Group Chairman), and two young pilots, Benjamin Pettingill and Blake Hansen.
The aircraft encountered adverse weather conditions—rain and snow mix—on a dark, sparsely lit trajectory through the Mojave Desert, leading to spatial disorientation just minutes after take-off.
Wreckage was later found scattered over a 300-foot debris field, with an initial impact crater measuring 1.5 ft deep, 12 ft long, and 10 ft wide, indicating a high-velocity uncontrolled descent.
NTSB Findings
The National Transportation Safety Board (NTSB) final report identified two primary causal factors: first, the pilot’s decision to continue under Visual Flight Rules (VFR) despite rapidly deteriorating instrument meteorological conditions, resulting in spatial disorientation and loss of control; second, a faulty radar altimeter that had been noted during a prior repositioning flight that same day, which failed to provide accurate terrain clearance data.
Investigators also criticised inadequate oversight of maintenance protocols and questioned Orbic Air’s safety management system under 14 CFR Part 135 requirements.
The report expressly noted breaches of Subpart D—VFR/IFR Operating Limitations and Weather Requirements, underlining that the flight violated § 135.209 which mandates specific weather minima for passenger-carrying operations.
Legal Framework under 14 CFR Part 135
Title 14 CFR Part 135 governs on-demand and commuter air operations, including private charter services such as Orbic Air’s EC130B4 flights.
Operators must adhere to stringent requirements across flight operations, maintenance, crew training, and safety management systems, failing which they risk civil penalties, certificate actions, and, under aggravated circumstances, criminal prosecution.
While Part 135 itself does not codify criminal statutes, violations of operational regulations resulting in fatal accidents can trigger charges under 49 United States Code (USC) § 46306 for fraudulent or reckless conduct, and potentially under 18 USC § 1112 for involuntary manslaughter; both applicable when gross negligence leads to death.
Criminal negligence in aviation has precedent in cases where wilful breaches of safety protocols caused fatalities, underscoring the US government’s willingness to prosecute operators under general federal criminal statutes when public safety is egregiously compromised.
Potential Criminal Charges
A judicial panel of inquiry, convened likely by the US Department of Justice in concert with the FAA and NTSB recommendations, will serve as a fact-finding tribunal to assess Orbic Air’s liability.
Capt Muhammed Badamasi, retired Nigeria Airways pilot, explained that the state, as plaintiff, must prove that Orbic Air breached its duty of care by violating safety protocols, leading to criminal negligence charges under US law.
If the panel establishes gross negligence—defined as a conscious and voluntary disregard of the need to use reasonable care—it would pave the way for formal indictments against the company and possibly individual crew members under 49 USC § 46306.
Capt Ado Sanusi, Aero Contractors MD, echoed that once negligence is established by the investigating body, prosecution is inevitable and would be prosecuted in a US federal court, subject to penalties including heavy fines and imprisonment for responsible individuals.
Implications for Nigeria and International Aviation
The case marks a pivotal moment for Nigerian aviation stakeholders, as it highlights the imperative for stringent safety oversight and robust bilateral cooperation between the Nigeria Civil Aviation Authority (NCAA) and US agencies.
Representatives from NCAA and the Nigeria Safety Investigation Bureau (NSIB) are expected to participate as interested parties, ensuring Nigeria’s concerns and technical perspectives inform the inquiry’s proceedings.
A conviction could set a global precedent, signalling that private charter operators worldwide will face uncompromising enforcement of safety regulations, with criminal accountability for lapses.
For Nigerian operators, this underscores the need to bolster SMS frameworks, invest in advanced avionics maintenance, and foster pilot training that rigorously addresses spatial disorientation under marginal visual conditions.
As the US gears up to file criminal charges against Orbic Air, the aviation community watches closely. The outcome will resonate far beyond this tragic accident, shaping regulatory landscapes and safety cultures in on-demand operations.
For Nigeria, the episode is a stark reminder that global aviation is governed by uncompromising safety laws, where breaches can translate swiftly into criminal liability.
- Additional reports from Taiwo Adebowale, Peter Jene and Omonigho Macaulay
