I really think this is the ultimate case of wrong place at the wrong time.

An experimental airplane suffers engine failure, oil is all over the windows, the pilot makes the decision to ditch into the ocean, and in doing so clips and kills a visiting jogger with IPod headphones in.

Just how freaking unlucky was that guy?

When first reported both DW and I looked at each other and said how bizarre can you get. The local news people also expressed total disbelief.

As to the landing gear, you leave the gear up when ditching into water, which was the intent all along of the pilot. Because of the oil on the front windshield, he was trying to pilot while looking out the side windows only.