New Jersey Man Charged with Involuntary Manslaughter for 2022 Lehigh Valley Plane Crash That Killed Student Pilot

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Philip Everton McPherson II, 36, of Haddon Township, NJ, was charged by indictment with one count of involuntary manslaughter and 40 counts of serving as an airman without a certificate, in connection with a 2022 plane crash in Lehigh County that killed a student pilot.

According to the indictment, on September 28, 2022, McPherson took off as the pilot-in-command of a Piper-28-140 aircraft from Queen City Airport in Allentown, PA, with student pilot K.K. Shortly after takeoff, McPherson crashed the plane, killing K.K.

The indictment alleges that McPherson acted with gross negligence because he knew that he was not competent to safely fly an aircraft as the pilot-in-command. Specifically, McPherson knew that: (1) he was not competent to safely operate the aircraft because he had two prior accidents and almost a third; (2) he failed his September 29, 2021, reexamination for his pilot’s certificate for a lack of demonstrated competence; (3) he voluntarily surrendered his pilot’s certificate on October 7, 2021, acknowledging his lack of competence; and (4) he allowed his Temporary Airman Certificate to expire on November 8, 2021, thus further acknowledging his inability to demonstrate to the Federal Aviation Administration (“FAA”) his competence to fly safely.

The indictment further charges McPherson with 40 counts of illegally serving as the pilot-in-command of an aircraft with passengers while not possessing an FAA pilot’s certificate permitting him to do so. These flights occurred between October 12, 2021, and September 20, 2022.

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

The case was investigated by the United States Department of Transportation – Office of Inspector General. The case is being prosecuted by Assistant United States Attorney Robert W. Schopf and Special Assistant United States Attorney Marie Miller.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.