The pilot of a Kaua'i tour helicopter that crashed in the ocean in September, killing three people, has been indicted by a grand jury on manslaughter charges.

Glen Lampton was charged with three counts of manslaughter, two counts of reckless endangering and one count each of tampering with evidence and providing a false statement to authorities.

Kaua'i First Deputy Prosecutor Richard Minatoya said he believes this is the first time in Hawai'i that criminal charges have been filed against a pilot who was involved in a fatal accident.

"A lot of times the pilots usually don't survive," Minatoya said. He declined further comment.

Lampton and two other passengers survived the crash.

Lampton, who lives in Nevada, could not be reached for comment yesterday. His attorney, Sam King Jr., said Lampton will plead not guilty. King said Lampton still works for Heli USA, but not as a pilot.

"The best I can say right now is that he's not guilty of the charges and he'll be pleading not guilty. What the prosecutors think they can prove, that's their business," King said. "The (National Transportation Safety Board) hasn't even finished their report yet, so there's a lot yet to go on this case."

King said the charges are "unprecedented."

"Most of the charges involve (allegations of) reckless conduct," King said. "The definition of reckless is a conscious disregard of a substantial and unjustifiable risk, and that's just not what happened at all."

Lampton was the pilot of a Heli USA helicopter that crashed in the ocean off Ha'ena on Sept. 23. Lampton has told authorities that his aircraft crashed after he maneuvered to avoid an oncoming helicopter.

But the other two survivors, Karen and Bill Thorson of Beloit, Wis., have said that they did not see an oncoming helicopter.

Killed in the crash were Laverne Clifton, 68, of Beloit, Wis., and Catherine Baron, 68, and Mary Soucy, 62, both of Portland, Maine. Clifton was Karen Thorson's father.

"We're going to let the jurisdiction handle it out there and we'll just let justice take its course," Thorson said from her home in Wisconsin.

John Power, Heli USA vice president, said he was surprised by the timing of the indictment because the NTSB is still investigating the incident. He added that he believes the crash was weather-related.

"We think it's important that the investigation be completed and they can review everything from there," Powers said from Las Vegas. "Obviously the company was quite surprised and we're surprised that the prosecutor's office has gone in that direction based on the fact that there were other operators caught in that weather."

Lampton will fly to Kaua'i for his Jan. 13 arraignment, King said. If convicted of man-slaughter, Lampton would face a maximum 20 years in prison on each count.

Reach Curtis Lum at culum@honoluluadvertiser.com.