Judge Orders Criminal Charge in PA Amtrak Derailment

13 May, 2017, 09:54 | Author: Warren Cooper
  • Judge finds probable cause to charge Amtrak engineer in derailment

A Philadelphia judge Thursday ordered city prosecutors to reverse course and criminally charge the engineer of a speeding Amtrak train that derailed in the city in May 2015, killing eight people and injuring more than 200.

A local judge on Thursday called on prosecutors to criminally charge Brandon Bostian with involuntary manslaughter and reckless endangerment - almost two years to the day of the tragedy.

Attorneys Thomas Kline, left, Richard Sprague and Robert Mongeluzzi take part in a news conference while standing next to a photo of train engineer Brandon Bostian in Philadelphia, Thursday, May 11, 2017.

After Neifield's order, Cameron L. Kline, communications director for the district attorney's office, said in a statement: "Judge Neifield has ordered the filing of two private criminal complaints as a result of the Amtrak train 188 derailment".

"I firmly believe that the overwhelming evidence of Brandon Bostian operating a train at 106 miles per hour in a 50 miles per hour zone, around a curve, consciously accelerating and then consciously decelerating, while having responsibility for the safety of 248 people meets the standard of reckless endangerment".

To avoid a conflict of interest, prosecutors referred the case against Bostian to Pennsylvania Attorney General Josh Shapiro's office.

The National Transportation Board determined that the derailment was caused by human error and that Bostian was distracted and had lost situational awareness.

A federal judge in October approved a record $265 million settlement for the accident victims.

Phoenix serial killings suspect: 'I'm innocent'
The mother of Jesse Olivas, Lydia Lopez, said she had a feeling her son's death was linked to the "serial street shooter". Ms Smith said she had grown frustrated over the past year as detectives kept her in the dark about the investigation.

Bostian did not return calls for comment.

Philadelphia prosecutors had earlier declined to charge Bostian, citing insufficient evidence.

The family of a NY woman who was killed sought the criminal complaint after city prosecutors declined to press charges.

Bostian has a personal injury suit pending against Amtrak, saying he was left disoriented or unconscious when something struck his train before it derailed.

Kline and attorney Robert Mongeluzzi represent 32 victims in ongoing litigation against Amtrak. Kline represents the family of the NY victim, Rachel Jacobs, a technology executive, wife and mother. Neifield, a Temple University Law School graduate, is highly regarded, said Temple law professor Jules Epstein.

Court records list addresses for Bostian in New York City and in Somerville, Massachusetts, near Boston. Prosecutors said they have been in talks with his attorney to have him surrender.

Update, May 12, 8 p.m.: Brandon Bostian, 34, was charged with eight counts of involuntary manslaughter in connection with the derailment of Amtrak train 188 exactly two years ago.

Investigators found no evidence that Bostian had been on his phone at the time of the crash, or that a bullet had been fired as first reported.

Recommended:

  • Chelsea Take Giant Step Towards Title; Boro Relegated

    Chelsea next travel to The Hawthorns on Frida evening where they only need a win to clinch the Premier League title in Antonio Conte's first season as Manager.

    Ronald Koeman: 'Ross Barkley has one week to decide Everton future'

    Asked about Everton's injury problems, Koeman said in his press conference: "It's a long list. Koeman disagrees with the Belgian striker but believes he can still improve his game.

    Princess Charlotte looks cute as a button in new official birthday portrait

    The rumors that Kate Middleton is pregnant for the third time are ongoing, and royal fans can't wait for confirmed news. The Duchess of Cambridge was photographed with her daughter during their royal tour of Canada in October 2016.
  • Google's Fuscia OS Now Has a User Interface

    The UI is in very early stages of development, but it gives us an idea of what the OS would look like on smartphones and tablets. Google has closed down its Android Nougat Beta program as it prepares for the next major release of its operating system.
    Comey's firing came as he accelerated Russian Federation  investigation

    Comey's firing came as he accelerated Russian Federation investigation

    And they surely calculated that the reaction from Republicans would be one of modulation if not quiet approbation. In a letter, Trump told Comey: "You are hereby terminated and removed from office, effective immediately".
    UFC's White Sets Deadline on Mayweather vs. McGregor Fight

    UFC's White Sets Deadline on Mayweather vs. McGregor Fight

    Dana White stated recently that Conor McGregor had expressed a desire to take on two fights before 2017 was out. Diaz isn't interested in fighting for a belt which has only been introduced because of Conor McGregor's hiatus.
  • Diddy is this year's richest artist in hip-hop

    Diddy is this year's richest artist in hip-hop

    Jay Z , who was third on the list a year ago , came in a close second, with $ 810 million . The list began in 2007 with Jay Z topping the poll with $34 million (£26.3m).

    Mourinho likely to rest a few first team players for Arsenal tie

    In face, the Europa League (or UEFA Cup as it was formally known) is the only major trophy United have yet to win. It overcame a 1-0 loss at home in the round of 32 to Shakhtar Donetsk, and advanced by 2-0 win in the second leg.
    Sore ankle keeps Raptors G Lowry out of starting lineup

    Sore ankle keeps Raptors G Lowry out of starting lineup

    The Cavs started the second quarter strong as well, but again became lackadaisical and allowed the Raptors to keep the game close. Over a four minute stretch, he nearly single-handedly turned a seven point lead into nineteen and the Cavs never looked back.
  • Pivotal Game 5 awaits Boston as it returns home vs. Wizards

    Horford didn't miss a shot until there was 8:30 left in the third quarter, and he got the better of Marcin Gortat all night. Brooks has not spoken with the same assuredness as his players that Washington should have won twice in Boston already.
    National Football League  denies Gordon's reinstatement request

    National Football League denies Gordon's reinstatement request

    July 25, 2011 - Gordon is suspended indefinitely from the program by Baylor coach Art Briles for a violation of team rules. Shortly before he was set to return from that four-game suspension, Gordon checked himself into rehab.

    Spurs' Tony Parker out for rest of playoffs with quad injury

    If they win the series, naysayers and casual fans will be all too quick to point out Parker's injury, taking credit from Houston. Through eight games, he averaged 15.9 points on a cool 52.6 percent shooting from the floor, and 57.9 percent from three.


Popular

Google will now help you find nearby events
Events is beginning to rollout today on the Google app for iOS and Android, as well as the mobile website in the United States. If you are the adventurous type, you can type " events near me " and get a general glance of what is going on around you.

Nintendo Reveals Scheduled Events For E3 2017
The first worldwide Splatoon 2 tournament will be taking place starting June 13 with the Splatoon 2World Inkling Invitational. The 2017 Splatoon 2 World Inkling Invitational splats onto the scene on June 13 and features Splatoon 2 for Nintendo Switch .

Tillerson, Lavrov to meet to discuss Syria, Ukraine
His previous visit to Washington took place in 2013, while the previous visit of a Russian President to the USA was held in 2010. Despite the lack of clarity, the possibility of a meeting between Trump and Lavrov would in itself be a sign of some progress.

Aetna becomes latest insurer to flee ACA exchanges
And while this may have eventually played into Aetna's decision, the reality is the exchanges simply have not been profitable. Aetna Chief Executive Officer Mark Bertolini has long criticized details of the Affordable Care Act.

Mission improbable for Atletico and Monaco
The Real Madrid star is still on course to win another La Liga title and Champions League with decisive games coming up.