Blackwater 61 Crash
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Blackwater 61 was the callsign of a CASA 212, registration N960BW, operated by Presidential Airways Inc, the aviation subsidiary of the private security contractor
Blackwater USA Blackwater was an American private military company founded on December 26, 1996 by former Navy SEAL officer Erik Prince. It was renamed Xe Services in 2009 and known as Academi since 2011 after it was acquired by a group of private investors ...
, that crashed in the mountains of remote central
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
on November 27, 2004. The
turboprop A turboprop is a turbine engine that drives an aircraft propeller. A turboprop consists of an intake, reduction gearbox, compressor, combustor, turbine, and a propelling nozzle. Air enters the intake and is compressed by the compressor. ...
airplane was carrying three military passengers and three members of the flight crew when it crashed. According to the
NTSB The National Transportation Safety Board (NTSB) is an independent U.S. government investigative agency responsible for civil transportation accident investigation. In this role, the NTSB investigates and reports on aviation accidents and inci ...
investigative report of the accident, the Blackwater pilots were "behaving unprofessionally" and were "deliberately flying the nonstandard route low through the valley for fun." The accident contributed to the debate over the use of private military contractors in war-zones and Blackwater's hiring practices and
standard operating procedures A standard operating procedure (SOP) is a set of step-by-step instructions compiled by an organization to help workers carry out routine operations. SOPs aim to achieve efficiency, quality output, and uniformity of performance, while reducing misc ...
. Blackwater aircraft had been operating in Afghanistan under contract with the U.S. military to transport troops and supplies throughout the country. Five people aboard the aircraft died in the crash, while one later died awaiting rescue.


Background

Blackwater USA Blackwater was an American private military company founded on December 26, 1996 by former Navy SEAL officer Erik Prince. It was renamed Xe Services in 2009 and known as Academi since 2011 after it was acquired by a group of private investors ...
was founded in 1997 by former Navy SEALs,
Erik Prince Erik Dean Prince (born June 6, 1969) is an American businessman, former United States Navy SEALs, U.S. Navy SEAL Officer (armed forces), officer, and the founder of the private military company Blackwater USA, Blackwater. He served as Blackwat ...
and Al Clark, in
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
as a security training firm that provided instruction to military and law enforcement. Prior to the
9/11 attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commerci ...
the company had a mere $200,000 in federal contracts. However, by 2002 it was raking in millions of dollars from the federal government for contracts to protect U.S. facilities and personnel overseas. Blackwater saw an even more dramatic upsurge in growth after the 2003
invasion of Iraq The 2003 invasion of Iraq was a United States-led invasion of the Ba'athist Iraq, Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one mont ...
and by 2006 had over $600 million in federal contracts. In 2004, the company was contracted by Air Mobility Command to assist the military in its operations in
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
,
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, and
Uzbekistan Uzbekistan (, ; uz, Ozbekiston, italic=yes / , ; russian: Узбекистан), officially the Republic of Uzbekistan ( uz, Ozbekiston Respublikasi, italic=yes / ; russian: Республика Узбекистан), is a doubly landlocked cou ...
. The contract was a 2-year, $34.8 million deal which would require Blackwater aircraft to haul U.S. troops and equipment on short flights across the region, often between unimproved remote airstrips. At the time aircraft operated by the company included the CASA 212 and the Bombardier Dash-8. Blackwater's aviation assets fall under the
Melbourne, Florida Melbourne is a city in Brevard County, Florida, United States. It is located southeast of Orlando. As of th2020 Decennial Census there was a population of 84,678. The municipality is the second-largest in the county by both size and population. ...
based Presidential Airways Inc. which was owned by Blackwater. Under the contract Presidential Airways would fly six regularly scheduled routes to small airfields in Afghanistan. In testimony to Congress, Erik Prince explained Blackwater's role in Afghanistan saying, "We were hired to fill that void because there is a different -- it's a different kind of airlift mission going in and out of the very short strips in Afghanistan. You have high altitude, short strips, unimproved runways, and you have transport aircraft that are designed to support a large, conventional battle." This was not the only aviation contract that Blackwater was under. It operated a fleet of MD-530 helicopters to provide security for the
State Department The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...
in
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
. The helicopters were based out of the
Green Zone The Green Zone ( ar, المنطقة الخضراء, translit=al-minṭaqah al-ḫaḍrā) is the most common name for the International Zone of Baghdad. It was a area in the Karkh district of central Baghdad, Iraq, that was the governmental ...
in
Baghdad Baghdad (; ar, بَغْدَاد , ) is the capital of Iraq and the second-largest city in the Arab world after Cairo. It is located on the Tigris near the ruins of the ancient city of Babylon and the Sassanid Persian capital of Ctesiphon ...
,
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
. One of the company's helicopters crashed in 2007 due to enemy fire.


Incident

On 27 November 2004, ''Blackwater 61'' a Presidential Airways Inc. CASA 212, registration N960BW, took off from
Bagram Air Base Bagram Airfield-BAF, also known as Bagram Air Base , is located southeast of Charikar in the Parwan Province of Afghanistan. It is under the Afghan Ministry of Defense. Sitting on the site of the ancient Bagram at an elevation of above sea leve ...
. The aircraft was crewed by pilot Noel English, 37, first officer Loren Hammer, 35, with flight mechanic Melvin Rowe, 43, also on board. It was carrying three passengers: Lieutenant Colonel Michael McMahon, 41, Chief Warrant Officer Travis Grogan, 31, and Specialist Harley Miller, 21, all members of the
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
. It was also carrying 400 pounds of mortar illumination rounds. The aircraft was due to fly for two and a half hours to the southwestern city of Farah where the soldiers were based. Instead of flying the customary route that would take the aircraft due south from Bagram and then west as they reached the south of the country, the pilots, who had only been in Afghanistan for thirteen days, flew west from Bagram over extremely rugged terrain. Weather conditions in the area were good with high visibility. A transcript of the
cockpit voice recorder A flight recorder is an electronic recording device placed in an aircraft for the purpose of facilitating the investigation of aviation accidents and incidents. The device may often be referred to as a "black box", an outdated name which has ...
showed the crew were unsure about their navigation with the pilot remarking early into the flight, "I hope I'm goin' in the right valley." Near the beginning of the released transcript Rowe, the mechanic, also remarks "I don't know what we're gonna see, we don't normally go this route." The transcript also featured the pilots bantering about the flight and their job saying, "Yeah this is fun!", and "Yeah you're an x-wing fighter Star Wars man!" the co-pilot exclaimed. The pilot said "I swear to God they wouldn't pay me if they knew how much fun this was." At one point the pilots also talked about what music they should play in the aircraft. As they neared a
box canyon A canyon (from ; archaic British English spelling: ''cañon''), or gorge, is a deep cleft between escarpments or cliffs resulting from weathering and the erosive activity of a river over geologic time scales. Rivers have a natural tendency to cu ...
, Rowe asks the pilots, "Okay, you guys are gonna make this right? to which English replied "Yeah I'm hopin." Approaching the end of the canyon, the pilots struggled to avoid a crash, desperately trying to turn around. The aircraft's flaps are deployed but it is too late. The
stall warning In fluid dynamics, a stall is a reduction in the lift coefficient generated by a foil (fluid mechanics), foil as angle of attack increases.Crane, Dale: ''Dictionary of Aeronautical Terms, third edition'', p. 486. Aviation Supplies & Academics, 199 ...
sounds and Rowe can be heard shouting "We're goin' down!" before the transcript ends. The CASA 212 crashed in the
Koh-i-Baba The Baba Mountain range ( ps, بابا غر Bâbâ Ǧar; fa, کوه بابا Kōh-i Bābā; or Kūh-e Bābā; ''Kōh'' or ''Kūh'' meaning ′mountain′, ''Bābā'' meaning ′father′) is the western extension of the Hindu Kush, and the ori ...
mountain range. Five of the people aboard ''Blackwater 61'' were killed, including both pilots who had been ejected from the aircraft. The crash's sole survivor survived the crash with a
broken rib A rib fracture is a break in a rib bone. This typically results in chest pain that is worse with inspiration. Bruising may occur at the site of the break. When several ribs are broken in several places a flail chest results. Potential complicati ...
, abdominal and lung
trauma Trauma most often refers to: * Major trauma, in physical medicine, severe physical injury caused by an external source * Psychological trauma, a type of damage to the psyche that occurs as a result of a severely distressing event *Traumatic i ...
, and minor
head injuries A head injury is any injury that results in trauma to the skull or brain. The terms ''traumatic brain injury'' and ''head injury'' are often used interchangeably in the medical literature. Because head injuries cover such a broad scope of inju ...
. He survived for 8–10 hours before succumbing to his injuries, compounded by the freezing temperatures and shortage of oxygen. Recovery efforts were hampered for several reasons. Blackwater did not have the infrastructure in
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
capable of tracking or keeping account of its aircraft meaning the aircraft's disappearance was not noticed until a sergeant in Farah made his superiors aware the aircraft was overdue. In addition, ''Blackwater 61'' did not have any tracking equipment aboard and no flight plan had been filed so finding the wreckage was difficult. Search and rescue teams covered the logical route extending south from Bagram to no avail. It was not until a U.S. military aircraft flying near the wreckage site picked up the signal emitted by the aircraft's emergency locator transmitter (ELT) did teams locate and reach the crash site.


Investigation

The crash of ''Blackwater 61'' was investigated by the
National Transportation Safety Board The National Transportation Safety Board (NTSB) is an independent U.S. government investigative agency responsible for civil transportation accident investigation. In this role, the NTSB investigates and reports on aviation accidents and incid ...
and the
U.S. Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cl ...
Collateral Investigations Board. The primary evidence used in the crash investigation were the aircraft's
black box In science, computing, and engineering, a black box is a system which can be viewed in terms of its inputs and outputs (or transfer characteristics), without any knowledge of its internal workings. Its implementation is "opaque" (black). The te ...
recordings. The investigation showed that the cause of the crash was the inexperienced flight crew flying an unfamiliar route and the lack of adequate terrain clearance. While making a sharp one hundred eighty degree turn the CASA 212 stalled and collided with the mountain range. In addition, the NTSB noted that it is possible the pilots had been experiencing symptoms of hypoxia hampering decision making, owing to the high altitude of the flight and lack of oxygen equipment on board. The investigative report faulted Blackwater for hiring inexperienced pilots and violating its own policy of ensuring at least one pilot had at least 30 days flying in country.Committee Memo - The Crash of Blackwater Flight 61: Hearing on Private Security Contracting (Pg. 4-5) Paul Hooper, Blackwater Afghanistan site manager, said in an e-mail, "By necessity, the initial group hired to support the Afghanistan operation did not meet the criteria identified in e-mail traffic and had some background and experience shortfalls overlooked in favor of getting the requisite number of personnel on board to start up the contract." The NTSB also faulted the
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philipp ...
and
Federal Aviation Administration The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic m ...
for not providing sufficient oversight of its contractors One of the most damning parts of the report stated that Spc. Miller, who had survived the initial crash, would have survived had he received appropriate medical assistance within eight hours. Both pilots were experienced in flying in the United States. Noel English, the
pilot in command The pilot in command (PIC) of an aircraft is the person aboard the aircraft who is ultimately responsible for its operation and safety during flight. This would be the captain in a typical two- or three-pilot aircrew, or "pilot" if there is only ...
, had been a
bush pilot Bush flying refers to aircraft operations carried out in the bush. Bush flying involves operations in rough terrain where there are often no prepared landing strips or runways, frequently necessitating that bush planes be equipped with abnormally ...
in Alaska while Loren Hammer, the first officer, had been a fire pilot, flying
smokejumpers Smokejumpers are specially trained wildland firefighters who provide an initial attack response on remote wildland fires. They are inserted at the site of the fire by parachute. In addition to performing the initial attack on wildfires, they ...
into wildfires. They were highly trained in flying through rugged terrain at low altitudes. Nevertheless, flying in the United States is much different than flying in Afghanistan where weather forecasting and air traffic control are largely nonexistent, and peaks are much higher.


Lawsuit

As more evidence presented itself about the circumstances of the crash and it soon became clear that the fault of the crash lay on the negligence of the pilots and Blackwater the families of the Army soldiers killed in the crash filed a lawsuit against the company. In a statement, the lawyer for the plaintiffs said that Blackwater had been "cutting corners" in regards to its contract services and as a result had put American troops at risk. Initially, the company tried to claim immunity from litigation because they were employed by the
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philipp ...
and therefore could not be sued. They also claimed protection under the
Federal Tort Claims Act The Federal Tort Claims Act (August 2, 1946, ch.646, Title IV, 28 U.S.C. Part VI, Chapter 171and ) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by person ...
. This defense was rejected by District Court Judge
John Antoon John C. Antoon II (born May 16, 1946) is a Senior United States district judge of the United States District Court for the Middle District of Florida. Early life and education Antoon was born on May 16, 1946 in Bakersfield, California. He rec ...
. Blackwater then claimed protection under the
Feres Doctrine ''Feres v. United States'', 340 U.S. 135 (1950), combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States held that the United States is not liable under the Federal Tort Claims Act for in ...
which gave immunity to the government from lawsuits filed by servicemen injured while in the service. Antoon rejected this defense as well, claiming the Feres Doctrine was solely applicable to the government, not contractors. Every motion made by Blackwater to have the case dismissed failed.


Aftermath

As a result of the crash the U.S. military suspended Blackwater operations in Afghanistan for one month but nonetheless renewed their contract for $92 million. Blackwater aircraft were refitted with flight trackers and a new policy required all flights to have at least one experienced crew member in the
cockpit A cockpit or flight deck is the area, usually near the front of an aircraft or spacecraft, from which a Pilot in command, pilot controls the aircraft. The cockpit of an aircraft contains flight instruments on an instrument panel, and the ...
.


References

{{Aviation incidents and accidents in 2004 Aviation accidents and incidents in Afghanistan Aviation accidents and incidents involving controlled flight into terrain Aviation accidents and incidents in 2004 2004 in military history 2004 in Afghanistan War in Afghanistan (2001–2021) November 2004 events in Asia Accidents and incidents involving the CASA C-212 Aviocar