Editor's Note: This is part 1 of a series of articles on actions that led up to and took place after the fatal plane crash that took four lives on May 23, 2014.

By Mary Alice Murphy
For www.grantcountybeat.com

A lawsuit filed on behalf of three victims of a fatal plane crash that took four lives near Silver City, N.M., has resulted in a settlement among the parties.

On Friday, May 23, 2014, three Aldo Leopold Charter School students'Ella Myers, 16; Michael Mahl, 16; and Ella Jaz Kirk, 14'took a flight in a private plane piloted by Dr. Peter Hochla, a psychiatrist out of Albuquerque who contracted with the local Veterans' Administration Clinic to see patients on Fridays in Silver City.

The three students, Mahl, Myers and Kirk took part in the eco-monitoring course and received an hourly wage of $8 to $10 for their work, funded by a Youth Conservation Corps program. Recently the three students in the class, taught by ALCS teacher Steve Blake, had placed transects in the Gila National Forest near Signal Peak. The purpose was to monitor soils, forest and water health over the years. Mahl's specialty was soils, Myers studied the forest and Kirk was active in water issues. All three students were finishing their sophomore year.

Just days after the placement of the transects, the Signal Fire blazed up on Mother's Day.

Aldo Leopold Charter School in Silver City states as its mission: "Aldo Leopold Charter School provides an engaging and challenging educational program emphasizing direct experience, inquiry learning, stimulation of the creative process, and stewardship of our community and natural environment."

Twice a year the school holds an internship showcase where students discuss their projects outside the school. Field trips, backpacking trips, hiking and bicycling are all features of the programs, which take place outside the classroom.

On Oct. 28, 2014, a lawsuit was filed in Second Judicial District Court, County of Bernalillo, State of New Mexico by plaintiffs, "Patrice Mutchnick, individually and as Personal Representative of the Estate ofGǿ Ella Jaz Kirk, deceased; John Mahl and Jennifer Mahl, individually, as Personal Representatives of the Estate of Michael Mahl, deceased, and as parents and next friends of Daniel Mahl, a minor child; Alexander Mahl, individually; Brian Myers and Jennifer Douglass, individually, as Personal Representatives of the Estate of Ella Myers, deceased, and Raven Myers, individually, versus Cheryl Greene Hochla, as Personal GǿRepresentative of the Estate of Peter Hochla,Gǿ Rural Health Outreach Inc., a New Mexico Corporation, and Aldo Leopold Charter School."

The complaint for wrongful death and other damages, includes for all plaintiffs, the claims for loss of consortium, which is a claim for damages suffered by a family member of a person injured or killed as a result of the defendant's negligent, intentional or otherwise wrongful acts, and, additionally for Mutchnick claims, for negligent inflection of emotional distress.

Mutchnick arrived as the second person at the scene of the crash, having seen the smoke as she was driving toward the school, and then by "instinct" continuing toward the airport.

On Aug. 28, 2015, during the deposition stage of the lawsuit, attorneys for the plaintiffs, Ben Davis of The Davis Law Firm LLC in Albuquerque took a deposition from Steve Blake. Also present was Kendrick W. Dane of The Dane Law Firm, PC, of Albuquerque, for the plaintiffs. David W. Bunting of Rodey, Dickason, Sloan, Akin & Robb, for the defendants, Cheryl Green Hochla and Rural Heath Outreach, Inc., and Jerry A. Walz and James J. Grubel of Walz & Associates for the defendant Aldo Leopold Charter School were also present.

On Oct. 12, 2015, Dane took a deposition from Eric Ahner, director of ALCS. Also present was Davis for the plaintiffs, and Bunting, Walz and Grubel for the defendants.

Also on Oct. 12, 2015, Dane took a deposition from Debra Preusch, ALCS internship coordinator, with the same attorneys present as for Ahner.

On Nov. 9, 2015, Jerry Walz, attorney for the defendant, Aldo Leopold Charter School, took a deposition from Patrice Mutchnick, mother of Ella Jaz Kirk. Davis was present.

The eco-monitoring class for 2013-14 started with six students. The crew
chief, who, according to Youth Conservation Corps protocol, must be at least 18 years old, was a senior student, not old enough. "Technically he wasn't the crew chief, but we assigned him that," Blake said during his deposition." "No. 1 is safety; not following bureaucracy."

Blake had suggested that perhaps the students could fly over the site of their transects to see what had happened in the fire. In the deposition he stated:
"So I believe that was my idea (to fly over the transects)." He took Ella Myers to the Forest Service to ask if the students could fly in a Forest Service plane. The request was denied. Ella Myer's mother, Jennifer Douglass, also took Ella to the Forest Service a second time and the request was denied.

"Every time I have kids in the bus, I know that they can die," Blake said in the deposition. "Even though I knew it could happen, once it happens, I was done forever. IG