or relying on instruments to fly -- but he did not have his IMC certification for helicopters, the report stated. NTSB investigators found that Ellsworth did not receive any inadvertent IMC or instrument flight rules helicopter training while at the Bell 407 helicopter training center.

The weather the evening of the crash was like "pea soup," with a visibility of less than a half mile and light rain, according to the report.

"The surviving passenger reported that, after taking off, the weather `began to get worse,' and the helicopter pilot advised the passengers that they would not be able to make it to their destination airport," according to the report. "The weather worsened, and the pilot decided to divert. When the surviving passenger looked out of the window, it was`misty and dusky.' Shortly after, the helicopter struck trees and terrain."

According to the report, Ellsworth could have returned to Somerset Airport in Somerville, N.J., or landed in a suitable area along the flight path, but he chose to enter the poor weather, "despite the availability of safer options and then was forced to divert as the weather worsened."

By the time the helicopter was in the air, the sun had set and there was little found lighting in the heavily wooded area around the highway where the helicopter crashed, according to the report.

"Therefore, it is unlikely that a discernible horizon was present, which would have significantly increased the pilot's workload because it would have required him to reference the helicopter's flight instruments to maintain the helicopter's attitude, flight path,