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Pilot in fatal crash won't go to prison

December 12. 2012 11:31PM

A New Hampshire man who piloted a plane that crashed in Massachusetts in January 2011, killing his adult daughter, pleaded guilty Tuesday to involuntary manslaughter but will not serve any prison time, according to a news release from the Northwestern District Attorney's Office.

Steven T. Fay, 58, of Hillsborough, N.H., was piloting a Cessna twin-engine plane that crashed at Orange Airport on Jan. 1, 2011, after clipping trees near the runway. His daughter, Jessica Malin, 35, a mother of three who also lived in Hillsborough, died in the crash.

The release said Fay had a pilot's license, but was not qualified to fly his plane without an instructor on board. He'd been advised not to fly at night or with a passenger, the release said.

Fay will be placed on probation until Dec. 31, 2013, and is barred from operating an aircraft or seeking reinstatement of his license, which was revoked by the Federal Aviation Administration.

"The Commonwealth never intended to seek incarceration in this case," First Assistant District Attorney Steven E. Gagne, who prosecuted the case, said in a statement. "While we believed it was important to hold Mr. Fay legally responsible for the crash that claimed Ms. Malin's life, we also recognize that he will live with this tragedy for the rest of his life, regardless of what happened in court."

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