"Michael" wrote in message
oups.com...

The targeted intercept altitude was 1000 ft below the Baron, yet the
intercepting F4C wound up at the same altitude as the Baron. The
targeted closure rate was 50 kts, but the intercepting F4C closed at
120+ kts. I would call that incompetent.


The interception was less than perfect but certainly did not descend to the
level of incompetent. The collision occurred after the intercept was broken
off and the F-4 turned away from the Baron and began a climb.
Unfortunately, the Center controller had shortly before that directed the
Baron to turn to the left, placing it in the path of the F-4.



So what crime was he guilty of?


He was in violation of FAR 99.11. He was operating an aircraft in an ADIZ,
he had not filed or activated a proper flight plan.



Really? At the time of impact, he was making a turn as directed by
ATC.


Right, a turn that put him in the path of the interceptors that ATC knew to
be operating in close proximity. Not a stellar move by the controller.



He called in and made a position report prior. There is some
question as to whether his flight plan was opened, but he's not here to
defend himself, and my experience is that crossed wires between
different facilities are not all that rare.


The only flight plan he filed was to Fort Pierce Florida. There's no
question that that flight plan was not opened, the Baron pilot never
established contact with enroute VFR advisory service after departure.



That may be true - but he had filed some sort of flight plan, be it IFR
or DVFR.


Yes, he filed a DVFR flight plan to Fort Pierce. He initially filed a
flight plan to Norfolk. When informed that US regulations required him to
enter the US in Florida he filed a flight plan to Fort Pierce. But after
departing Nassau he headed for Norfolk instead of Fort Pierce and never
activated his filed flight plan. Why would he? His flight plan had him
going to Fort Pierce, but he was going to Norfolk.