Court Rules Amtrak Engineer Can be Tried on Charges Stemming From Fatal Derailment

A Pennsylvania appeals court has ruled that an Amtrak locomotive engineer involved in a 2015 derailment that left eight dead can be tried criminally for the deaths and injuries.

Charges against Brandon Bostian had been dismissed last July but a state Superior Court Judge on Thursday ruled that that dismissal was based on fact-finding that should happen during a trial.

A Common Pleas Court judge last year ruled Bostian’s behavior before the crash did not rise to criminal recklessness.

The trial court judge had accepted a contention by the defendant’s attorney that Bostian had become confused about where he was when he accelerated the speed of his train without realizing a curve was ahead of him.

However, Superior Court Judge Victor Stabile said that contention should be evaluated in a trial, not by a judge in a pretrial hearing.

Stabile ruled that a trial court judge’s role in a pre-trial proceeding is to determine whether the state presented enough evidence to warrant a trial.

The appeals court judge ruled that prosecutors had met that burden.

An attorney for Bostian said he would appeal the ruling enabling his client to go to trial on criminal charges.

Investigators have said Northeast Regional No. 188 was traveling at 106 mph, more than twice the posted speed limit, into a curve in Port Richmond north of Philadelphia’s 30th Street Station.

The subsequent derailment resulted in more than 150 injuries.

The Pennsylvania Attorney General has filed 216 counts of reckless endangerment, one count of causing a catastrophe, and eight counts of involuntary manslaughter against Bostian. Stabile’s ruling reinstates those charges.

The National Transportation Safety Board report on the derailment said Bostian had no alcohol or drugs in his system and was not using his cell phone at the time of the derailment.

The Amtrak engineer told NTSB investigators that he couldn’t remember why he didn’t slow the train as it approached the curve.

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One Response to “Court Rules Amtrak Engineer Can be Tried on Charges Stemming From Fatal Derailment”

  1. Samuel Walker Says:

    What has Bostian been doing since the accident? Is he employed in the railroad industry in some capacity or is he employed in another industry?

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