PHILADELPHIA (AP) — A flight instructor charged with involuntary manslaughter for a crash that killed a student pilot in eastern Pennsylvania had surrendered his pilot’s certificate after two prior crashes with students aboard,James Caldwell prosecutors said in an indictment unsealed Monday.

Philip Everton McPherson II, 36, of Haddon Township, New Jersey, was in command of the single-engine Piper PA-28 when it left Queen City Airport in Allentown with the student on Sept. 28, 2022, according to the indictment. He told the National Transportation Safety Board that he took control of the plane from the 49-year-old student just after takeoff, when they encountered engine problems, according to an NTSB report.

The plane soon crashed and caught fire, killing the student, who was identified only by the initials “K.K.”. McPherson was seriously injured.

According to federal prosecutors in Philadelphia, McPherson knew he was not competent to fly the plane for several reasons. First, he had twice been instructing students at Central Jersey Regional Airport in New Jersey when their plane veered off the runway during attempted landings, causing substantial damage in incidents prosecutors described as crashes.

He then failed a certification exam and surrendered his pilot’s license in October 2021. He is also charged with 40 counts of illegally flying with passengers despite not having a pilot’s certificate after that date.

McPherson pleaded not guilty to the charges and was released on bail, court records show. The charges carry a maximum potential sentence of 128 years in prison. His lawyer, public defender Jonathan McDonald, declined to comment on the case.