Dave’s personal review
EVIDENCE REGISTER

Primary records and clearly labeled recollections

This register supports my review of . GEM Aviation's correspondence is included as supporting context. Publication copies preserve context while permanently removing unrelated private information, and original unredacted files remain offline.

Open the six-page redacted email record

Evidence register

27 of 27 exhibits shown

EX-001

August 30, 2026, 10:17 a.m. Text message screenshot

Initial weather and aircraft-availability request.

DOCUMENTED RECORD
Supports
The request for aircraft availability and 's initial response that the aircraft was unavailable.
Redactions
An unrelated third-party name permanently removed.
Publication copy
Contextual excerpt
Accessible transcription

I sent a weather forecast and asked Jose to check whether the GEM training aircraft was available from approximately 11:30 a.m. to 1:00 p.m.

Jose replied that the aircraft was not available that day and asked what I wanted to do on the flight.

EX-002

August 30, 2026 Text message screenshot

Original KLBX plan, aircraft availability concern, and endorsement limitation.

DOCUMENTED RECORD
Supports
That my original proposal included Gulf Coast practice and touch-and-goes, and that said only the GEM Aviation training aircraft was covered by his endorsement.
Redactions
Unrelated third-party context permanently removed. The aircraft registration remains because it is part of the original exchange.
Publication copy
Contextual excerpt
Accessible transcription

I explained that I wanted solo practice, including the Gulf Coast and touch-and-goes, and said aircraft availability was becoming a challenge.

Jose replied that the GEM training aircraft was the only aircraft covered by his endorsement.

EX-003

August 30, 2026 Text message screenshot

Discussion of other training options and the 5:00 p.m. reservation request.

DOCUMENTED RECORD
Supports
That I considered other school or aircraft options, then asked to reserve the GEM Aviation training aircraft from 5:00 p.m. to 7:00 p.m.
Redactions
Names of uninvolved third parties and the identifying details of other training options permanently removed.
Publication copy
Contextual excerpt
Accessible transcription

I discussed other school or aircraft options and then asked Jose to reserve the GEM training aircraft from 5:00 p.m. to 7:00 p.m.

Jose asked when I had last flown solo.

EX-004

August 30, 2026 Text message screenshot

The written more-than-three-weeks explanation.

Supports
That I initially gave an incorrect solo date in the text exchange and then cited a gap of more than three weeks when declining the request.
Redactions
None in the supplied publication image.
Publication copy
Contextual excerpt
Accessible transcription

I first thought my prior solo might have been August 14, then wrote that it was August 2. I later reported August 3 as my most recent solo. The original logbook or scheduling record is not published here, so readers cannot independently verify that date from this exhibit.

Jose wrote that the prior solo was over three weeks earlier, that he was unable to authorize a solo flight, and that we would need to fly the traffic pattern at each airport I planned to visit before he would feel I was capable of conducting the solo flight.

EX-005

August 30, 2026 Text message screenshot

Revised local plan and request for an explanation.

DOCUMENTED RECORD
Supports
That I removed the other-airport portion, narrowed the request to the southwest practice area and KAXH, and asked what had changed since the prior day.
Redactions
None in the supplied publication image.
Publication copy
Contextual excerpt
Accessible transcription

I removed the other-airport portion and proposed departing KAXH, practicing familiar maneuvers in the southwest practice area, returning to KAXH, and conducting touch-and-goes there only.

I asked what had changed since the prior day and whether the decision was based on the morning conversation.

EX-006

August 30, 2026 Text message screenshot

's specific approach observations.

Supports
's statement that I flew well overall and his stated concerns at KCLL and KAXH.
Redactions
None in the supplied publication image.
Publication copy
Contextual excerpt
Accessible transcription

Jose wrote that I flew great overall.

He also wrote that I became very slow on approach at KCLL, came in high at KAXH, and required coaching through short final to stabilize the approach.

EX-007

August 30, 2026 Text message screenshot

's proficiency and safety explanation.

Supports
's explanation that training gaps can produce typical errors and that his decision was based on the August 29 flight, not the morning conversation.
Redactions
None in the supplied publication image.
Publication copy
Contextual excerpt
Accessible transcription

Jose described the approach issues as typical errors after training gaps.

He wrote that a solo flight required confidence that I could recognize and correct the situations independently.

He expressly stated that the decision was not based on our conversation that morning and was based on what he observed during the August 29 flight.

EX-008

August 30, 2026, later that day Text message screenshot

Continuation of 's safety explanation and billing referral.

Supports
's statement that he wanted consistent independent handling of the flight and his direction to contact Glenn about billing.
Redactions
None in the supplied publication image.
Publication copy
Contextual excerpt
Accessible transcription

Jose continued that he needed to know I could consistently handle the flight without assistance.

In a later message, he confirmed seeing my billing email and said Glenn handled billing.

EX-009

August 30, 2026 Phone call-history screenshot

Two incoming calls from .

DOCUMENTED RECORDFIRSTHAND RECOLLECTION
Supports
The time, direction, and duration of the 10:38 a.m. and 11:35 a.m. calls.
Redactions
Unrelated call-history entries remain visible but contain no published telephone numbers.
Publication copy
Complete screenshot
Accessible transcription

Incoming call from Jose at 10:38 a.m., duration six minutes.

Incoming call from Jose at 11:35 a.m., duration one minute.

The call log does not establish what was said during either call.

EX-010

July 27, 2026 Invoice and text screenshot

Challenge to the instructional time on invoice #1310.

DOCUMENTED RECORD
Supports
The billing entry I questioned and the contemporaneous explanation for the challenge.
Redactions
Customer identity, address, account details, and payment-card information permanently removed.
Publication copy
Contextual excerpt
Accessible transcription

I wrote that I had been onsite from approximately 8:54 a.m. to 10:38 a.m. and questioned 2.5 instructional hours, including 1.5 hours of ground instruction.

The published image permanently removes unrelated personal and payment information.

EX-011

July 27, 2026 Text message screenshot

's response concerning invoice #1310.

Supports
That said he would ask Glenn to correct the invoice and identified a $97.50 adjustment.
Redactions
Private billing details permanently removed.
Publication copy
Contextual excerpt
Accessible transcription

Jose wrote that he would get Glenn to correct the invoice and offered the $97.50 as a credit to the card or toward the next lesson.

EX-012

July 24 to July 27, 2026 Invoice and text screenshot

Challenge to the ground-instruction entry on invoice #1307.

DOCUMENTED RECORD
Supports
The 1.3-hour ground entry I questioned and my request for review.
Redactions
Customer, reservation, account, and payment information permanently removed.
Publication copy
Contextual excerpt
Accessible transcription

The record shows 2.2 hours of flight instruction and 1.3 hours of ground instruction on invoice #1307.

I asked Jose to review the ground-instruction entry and later requested a credit.

EX-013

July 27, 2026 Text message screenshot

's response concerning invoice #1307.

Supports
's statement that the entry should have been 0.3 hours rather than 1.3 hours and that Glenn would address it.
Redactions
Small customer-information block permanently removed.
Publication copy
Contextual excerpt
Accessible transcription

Jose wrote that the ground entry should have been 0.3 hours, not 1.3 hours, and that Glenn would handle the correction.

EX-014

July 27, 2026 Text message screenshot

Confirmation that the corrections were processed.

Supports
's confirmation that the refund processing had been completed.
Redactions
Small customer-information block permanently removed.
Publication copy
Contextual excerpt
Accessible transcription

Jose wrote that everything had been taken care of and that the refund should appear within the next couple of days.

EX-015

September 1, 2026, 6:10 p.m. Redacted email page

GEM Aviation's dispatch and endorsement-withdrawal position.

DOCUMENTED RECORDGEM Aviation'S POSITION
Supports
GEM Aviation's statement that it would not dispatch an aircraft for solo flight, its requested logbook notation, and its offer of another instructor.
Redactions
Email addresses, telephone numbers, identifying details, signatures, and tracking data permanently removed.
Publication copy
Redacted page
Accessible transcription

Glenn wrote that GEM would not schedule or dispatch an aircraft to me for solo flight until a current instructor evaluated my proficiency and issued a new endorsement.

He stated that Jose had withdrawn the prior authorization, asked me to present the logbook so the withdrawal could be noted, and offered another instructor to reassess me.

EX-016

September 1, 2026, 3:48 p.m. Redacted email page

GEM Aviation's earlier withdrawal statement and my scheduling response.

DOCUMENTED RECORDGEM Aviation'S POSITION
Supports
GEM Aviation's position that a new endorsement would be required and my explanation of the Flight Schedule Pro discrepancy.
Redactions
Email addresses, telephone numbers, identifying details, signatures, and tracking data permanently removed.
Publication copy
Redacted page
Accessible transcription

Glenn wrote that Jose had withdrawn the endorsement and that a new endorsement would be required before further solo flight in GEM aircraft.

I replied that I had not understood that I was expected to view and book solo aircraft directly through Flight Schedule Pro.

EX-017

September 1, 2026, 2:32 p.m. Redacted email page

GEM Aviation's Flight Schedule Pro and instructor-status explanation.

DOCUMENTED RECORDGEM Aviation'S POSITION
Supports
Glenn's statement that instructors are independent contractors, endorsed students book solo aircraft directly, and an assistant could receive access.
Redactions
Email addresses, telephone numbers, third-party identities, signatures, and tracking data permanently removed.
Publication copy
Redacted page
Accessible transcription

Glenn wrote that GEM instructors are independent contractors and that dual instruction is scheduled through the CFI.

He wrote that endorsed students should view and book solo aircraft directly through Flight Schedule Pro, and that my executive assistant could use my credentials or receive monitor-only access.

He again offered reassessment by another instructor.

EX-018

September 1, 2026 Redacted email page

My contemporaneous account of the August 29 and August 30 events.

DOCUMENTED RECORDMY ASSESSMENT
Supports
My account of the sequence, my hobbyist training goal, the original KLBX proposal, and the revised local request.
Redactions
Email addresses, identifying details, third-party names, signatures, and tracking data permanently removed.
Publication copy
Redacted page
Accessible transcription

I described the August 29 flight, the August 30 aircraft-availability discussion, my understanding that Jose knew I was a hobbyist, the original KLBX proposal, and the later narrowed local plan.

I described the decision as feeling reactive and arbitrary. That language was my interpretation, not a proven fact about motive.

EX-019

August 31 to September 1, 2026 Redacted email page

My stated concern and GEM Aviation's solo-policy response.

DOCUMENTED RECORDMY ASSESSMENTGEM Aviation'S POSITION
Supports
That I disclosed but did not claim to prove a possible financial concern, and Glenn's statement that GEM Aviation had no separate recency policy beyond FAA requirements.
Redactions
Email addresses, identifying details, third-party information, irrelevant professional background, signatures, and tracking data permanently removed.
Publication copy
Redacted page
Accessible transcription

My email recorded a concern that additional dual instruction would create billable time, while expressly stating that I could not prove a financial incentive and was not stating one as fact.

Glenn wrote that GEM had no separate solo policy beyond FAA requirements and that authorization rested with the individual CFI.

This site does not allege a financial motive.

EX-020

August 30 to August 31, 2026 Redacted email page

GEM Aviation's federal-regulation and CFI-discretion explanation.

DOCUMENTED RECORDGEM Aviation'S POSITION
Supports
Glenn's reference to 14 CFR 61.87 and 61.89 and his statement that solo authorization remains within the CFI's discretion.
Redactions
Email addresses, telephone numbers, identifying details, signatures, and tracking data permanently removed.
Publication copy
Redacted page
Accessible transcription

Glenn referenced 14 CFR 61.87 and 61.89 and stated that solo flight remains within the individual CFI's discretion.

The preceding email asks GEM to clarify its policies and expectations.

EX-021

August 29, 2026 Garmin screenshot, GPX integrity record, and derived analysis

Garmin activity 24163424957, original GPX integrity record, and derived approach analysis.

DOCUMENTED RECORDRECORDED BY GARMINCALCULATED FROM GPXNOT ESTABLISHED BY THE DATA
Supports
A computational analysis of the original GPX activity file, including the recording period, integrity metadata, KCLL and KAXH approach measurements, altitude normalization, heart-rate samples, weather context, and the limits of those measurements.
Redactions
None in the screenshot. The public analysis omits the raw GPX and unnecessary route coordinates because the file contains detailed location history.
Status
Computational analysis of the original GPX activity file

Limitations

  • Ground speed is not indicated airspeed.
  • Local Garmin altitude corrections of approximately 126 feet at KCLL and 140 feet at KAXH were applied before estimating height and descent path.
  • The file does not establish indicated airspeed, angle of attack, stall margin, aircraft configuration, control inputs, instructor coaching, cockpit speech, approach safety, or motive.
  • Nearby weather observations provide context but are not treated as exact surface observations at every point in the flight.
  • Heart rate describes the watch wearer and does not establish workload, stress, aircraft performance, or approach safety.
  • The weather-bounded speed band cannot reconstruct indicated airspeed because wind direction and the wind at the aircraft were not precisely recorded.
FIRSTHAND RECOLLECTION

My recollection of the KAXH approach

Accessible transcription

Garmin activity 24163424957 records 7,158 track points from 9:52:27 a.m. to 12:06:01 p.m. CDT, a duration of approximately 2 hours, 13 minutes, and 34 seconds.

The original GPX file size is 2,399,851 bytes. Its recorded SHA-256 is A0C994C0F682B1989426AADF2F0D329F1D8AB92D3B38FA2EA62E8FCD807FD778.

Computational analysis identified a KCLL RWY 17 final and a KAXH RWY 09 final, calculated local altitude corrections, and derived ground-speed and descent-path measurements from sufficiently runway-aligned portions of the track.

At KCLL, the runway-aligned final showed an approximately 70.5-knot median ground speed and an estimated 3.1-degree descent path. These measurements describe the analyzed segment; they cannot establish indicated airspeed, stall margin, a brief slow event, or instructor intervention.

At KAXH, the late final showed an approximately 82.6-knot median ground speed and an estimated 4.5-degree path over the final 0.5 nautical mile. The trace is consistent with a late high condition followed by steeper convergence toward the runway.

Garmin TrackPointExtension data includes one heart-rate value for each of the 7,158 points. The full activity ranges from 60 to 114 beats per minute, with a median of 74. Selected KCLL final points range from 97 to 103, and selected KAXH final points range from 94 to 97.

The public 3D view shows a broad possible air-mass-speed band based on calculated ground speed plus or minus the nearby reported wind magnitude. This is a weather-bounded estimate, not true airspeed or indicated airspeed.

The analysis does not establish indicated airspeed, angle of attack, aircraft configuration, control inputs, instructor coaching, cockpit speech, approach safety, or motive.

EX-022

September 1, 2026, received 8:24 p.m. CDT Email and signed attachment

's formal withdrawal email and signed Solo Privileges Withdrawn notice.

Supports
That formally withdrew as my flight instructor, withdrew the solo authorization he had issued, attributed the decision to proficiency and safety, informed GEM Aviation, and required new training and evaluation before further solo flight in GEM Aviation aircraft.
Redactions
My full legal name and 's CFI certificate number are permanently removed from the public image. Email addresses, telephone numbers, and unrelated metadata are omitted. The original email and attachment remain offline.
Status
Primary email and signed attachment reviewed

Limitations

  • The document establishes 's stated action and reason. It does not establish his internal motive.
  • The received timestamp does not necessarily identify the exact moment the email was sent.
  • The exhibit does not resolve whether the withdrawal procedure was legally correct or how the existing logbook entry should be documented.
Accessible transcription

Sender: CFI Jose Capellan. Received September 1, 2026, at 8:24 p.m. CDT. Email subject: Formal Withdrawal of Flight Instruction and Solo Privileges.

Jose stated that, effective September 1, 2026, he was withdrawing as my flight instructor and withdrawing the solo authorization he had previously provided.

He cited 14 CFR §61.87(c)(2), attributed the decision to his recent evaluation of my proficiency and safety, and stated that his authorization under the August 2 endorsement was withdrawn effective immediately.

He stated that GEM Aviation had been informed, that I could not conduct solo flight in GEM aircraft, and that further GEM solo operations would require remedial training, an independent evaluation, and a new endorsement from another GEM instructor.

The attached signed notice is titled Solo Privileges Withdrawn, is effective September 1, 2026, and states that it supersedes the prior 90-day endorsement dated August 2, 2026.

EX-023

September 3, 2026, received 9:44 a.m. CDT Redacted primary email from an FAA Aviation Safety Inspector

Houston FSDO guidance concerning the withdrawn solo authorization and logbook documentation.

DOCUMENTED RECORDFAA GUIDANCE
Supports
That an FAA Aviation Safety Inspector advised me not to exercise solo privileges after the withdrawal was communicated, explained that the withdrawal could be documented by a later logbook entry, and cited FAA authority concerning instructor-imposed solo limitations.
Redactions
My legal name, direct email addresses, the Outlook mailbox header and footer URL, telephone numbers, office address, and the second signature-block page are permanently removed from the publication copy.
Status
Redacted primary FAA email published; my reply remains summarized from the reviewed source

Limitations

  • The email is guidance from an FAA Aviation Safety Inspector, not a formal adjudication, enforcement decision, or finding that any person violated a regulation.
  • The inspector addressed both Part 61 and Part 141 before I confirmed that my training was conducted under Part 61.
  • The inspector had not directly responded to my follow-up question when this update was published. The McHenry interpretation he cited nevertheless provides substantive guidance on a later endorsement from another qualified instructor.
Accessible summary

On September 3, 2026, Thomas R. Sherrill Jr., an FAA Aviation Safety Inspector with the Houston Flight Standards District Office, responded to my request for guidance.

He explained that when a flight instructor communicates that a student may no longer fly solo, the student should not continue solo flight under the prior endorsement. He noted that GEM's written communication provided a written instruction not to solo.

For Part 61 training, he cited 14 CFR §61.89(a)(8) in explaining why a student who had been told not to solo should not act as pilot in command by deciding to conduct the flight.

He cited the FAA's 2015 McHenry legal interpretation for the proposition that instructor-imposed limitations on a solo endorsement remain effective until they expire or are superseded by a later endorsement of the same type, and stated that the issuing instructor may revise solo limitations under §61.87.

He explained that a subsequent logbook entry could document the suspension using language stating that solo privileges are suspended pending reevaluation and further authorization by an authorized flight instructor.

He advised that I could work with the existing school to regain solo privileges or continue training with a different school.

I replied that GEM Aviation had conducted my training under Part 61, that I would not attempt to exercise solo privileges under the August 2 endorsement, and that I understood a later logbook entry could document the suspension.

I then asked whether another authorized CFI could independently evaluate me and, if satisfied, issue a new solo endorsement that supersedes the prior authorization or suspension, or whether action by the original issuing instructor is required first.

EX-024

September 3, 2026, received 7:04 p.m. CDT Redacted primary email from

's response after he was notified of the publication.

Supports
That was aware of the publication, reaffirmed his stated proficiency, consistency, and readiness basis, said he retained relevant records, declined further discussion through that correspondence, and wished me well in continuing my training.
Redactions
My legal name, direct email addresses, the Outlook mailbox header, the quoted prior message, the footer URL, and unrelated metadata are permanently removed from the publication copy.
Status
Redacted primary email published

Limitations

Accessible summary

Jose Eduardo Capellan (Pilot, Flight Instructor, CFI/CFII/IGI) stated that he was aware of the publication.

He reaffirmed that his decision to withdraw as my instructor and withdraw the previously authorized solo privileges was based on his assessment of my proficiency, consistency, and readiness to conduct solo flight safely.

He stated that he had retained relevant training records and documentation concerning my training and his decision.

He stated that he did not intend to engage in further discussion through that correspondence and that, if necessary, he would address specific published statements through appropriate channels.

He wished me the best in my continued flight training.

EX-025

August 2–3, 2026; earlier entries visible Photograph of Dave’s logbook

Logbook entries for the first and second solo flights.

DOCUMENTED RECORD
Supports
An August 2 first solo of 0.7 hours and an August 3 second solo of 0.8 hours, with separate training entries of 1.3 and 0.6 hours on those dates. The August 3 entry supports the later correction to the solo date mentioned in the text exchange.
Redactions
Instructor certificate identifiers are permanently removed from the handwritten identification area. Flight dates, remarks, landings, and training, solo, PIC, and total-time columns remain visible. Background margins are cropped; the source photo is not embedded in the flattened publication files.
Publication copy
Redacted page

Limitations

  • The photograph documents the entries in the supplied logbook, not every booking request or every flight outside the pages supplied.
  • The original August 30 messages retain their uncertain date references. The logbook supports August 3 as the latest solo shown in these records; it does not establish current solo readiness.
Accessible transcription

August 2: “PRE SOLO,” 1.3 hours in flight training, followed by “FIRST SOLO,” 0.7 hours in solo and PIC, with three landings on the solo entry.

August 3: “PRE SOLO TOUCH & GOs,” 0.6 hours in flight training, followed by “SECOND SOLO,” 0.8 hours in solo and PIC, with five landings on the solo entry.

Both solo entries show KAXH to KAXH in N57309. Earlier training entries remain visible for context. This is an accessible reading of the relevant handwritten rows.

EX-026

August 8, 13, and 29, 2026 Photograph of Dave’s logbook

Training flights recorded after the August 3 solo.

DOCUMENTED RECORD
Supports
The next three entries shown after the second solo are flight training, with no solo time recorded: August 8, August 13, and August 29. They document continued flying with an instructor during the interval without a further logged solo.
Redactions
Instructor certificate identifiers are permanently removed from the handwritten identification area. Flight dates, remarks, landings, and training, solo, cross-country, PIC, and total-time columns remain visible. Background margins are cropped; publication files contain only the redacted pixels.
Publication copy
Redacted page

Limitations

  • The entries show completed flights, not whether each was originally requested or booked as solo. They do not establish who changed a booking or why.
  • A flight-training entry records the format of the completed flight. It does not by itself establish that further dual instruction was required or that Dave originally requested that format.
FIRSTHAND RECOLLECTION

Dave’s account of the scheduling dilemma

  • I wanted solo flying that would fit around my other commitments. I recall having to send a TAF with each rental request. I also had commitments I could not cancel with less than 24 hours’ notice. By the time I had the weather information I needed to make a practical solo plan, that left little flexibility to rearrange my schedule. I recall repeatedly wanting to fly with me, and my attempts to arrange further solo flying becoming lessons with an instructor.
Accessible transcription

August 8: touch-and-goes and crosswind landings, seven landings, 1.8 hours in flight training; no solo time entered.

August 13: touch-and-goes, eight landings, 1.3 hours in flight training; no solo time entered.

August 29: “CROSS COUNTRY (PRE-SOLO),” two landings, entries in flight training and cross-country; no solo time entered. The hour figure is left untranscribed because the handwriting is unclear.

EX-027

July 25 and August 2, 2026 Photograph of original logbook endorsements

Original pre-solo and initial solo endorsements signed by Jose E. Capellan.

DOCUMENTED RECORD
Supports
A July 25 pre-solo knowledge endorsement and August 2 pre-solo flight-training and initial solo endorsements for the PA28-140, bearing Jose E. Capellan’s printed name and signatures. Handwritten limitations on the initial solo endorsement remain visible.
Redactions
Dave’s legal name and instructor certificate numbers are permanently removed. ’s printed name, signatures, dates, aircraft type, endorsement text, and handwritten limitations remain visible. Blank adjacent forms and background are partly cropped; the flattened files do not embed the original photograph or its metadata.
Publication copy
Redacted page

Limitations

  • These endorsements record the instructor’s determinations at issuance. They do not establish unchanged proficiency or authorization at a later date.
  • The historical endorsement must be read alongside the September 1 withdrawal in EX-022 and the September 3 FAA guidance in EX-023.
Accessible transcription

A.3 Pre-solo aeronautical knowledge, dated July 25, 2026: the printed endorsement records completion of the pre-solo knowledge test for the PA28-140.

A.4 Pre-solo flight training, dated August 2, 2026: the printed endorsement records pre-solo training and the instructor’s determination of satisfactory proficiency and safety on the required maneuvers and procedures.

A.6 Solo flight, first 90 calendar-day period, dated August 2, 2026: the printed endorsement records the instructor’s determination of proficiency for solo flight in the PA28-140. Handwritten limitations remain visible in the source and are not exhaustively transcribed here.