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Northeast Regional (188) derailment in Philadelphia 5/12/15


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#251 CNJRoss

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Posted 01 September 2017 - 07:01 PM

The Inquirer, Philadelphia, PA 9/1/17:
 

Engineer in Amtrak derailment seeks dismissal of charges

 

An Amtrak engineer facing prosecution for the fatal 2015 train derailment in Philadelphia sought Friday to have the charges against him dismissed.

 

A motion to dismiss charges filed Friday focused on the legal reversal that took place in May after the Philadelphia District Attorney’s Office declined to press charges against engineer Brandon Bostian for his part in the derailment that killed eight passengers and seriously injured many others.

 

A flurry of legal maneuvering followed, and just days after the District Attorney concluded there was not enough evidence to charge Bostian, the Pennsylvania Attorney General’s Office made the opposite determination, filing charges for eight counts of involuntary manslaughter; a single count of causing a catastrophe; and numerous counts of reckless endangerment.

 

Bostian was denied due process as a result, his lawyer Brian McMonagle argued in the motion.

 

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#252 CNJRoss

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Posted 12 September 2017 - 04:07 PM

AP via WTOP radio, 9/12/17:
 

Judge tosses charges against Amtrak engineer in deadly wreck

 

 

PHILADELPHIA (AP) — A judge on Tuesday dismissed criminal charges against the engineer in an Amtrak derailment in Philadelphia that killed eight people, citing a lack of evidence in a case that prosecutors initially refused to pursue.

 

Brandon Bostian, 34, had faced charges that included involuntary manslaughter and reckless endangerment after his Washington-to-New York train rounded a curve at more than twice the speed limit and flew off the tracks in a violent derailment that crumpled cars and flung passengers into the woods. About 200 people were hurt.

 

Judge Thomas Gehret ruled after a preliminary hearing that prosecutors hadn’t presented enough evidence to warrant a trial.

 

“I feel it’s more likely an accident than criminal negligence,” he said.

 

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#253 CNJRoss

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Posted 13 September 2017 - 11:03 AM

Brown County (IN) Democrat, 9/12/17:

 

(Timeline in inverse order)
 

The Latest: Lawyer for victim’s family: ‘No accountability’

 

 

PHILADELPHIA — The Latest on a court hearing for the engineer in a deadly Amtrak derailment (all times local):

 

3:05 p.m.

An attorney representing the family of one of the victims of a deadly Philadelphia Amtrak train derailment says he’s disappointed, surprised and shocked that a judge dismissed criminal charges against the engineer.

 

Attorney Thomas Kline represents the family of Rachel Jacobs, who was killed in the 2015 wreck. The family had pursued a private criminal complaint against train engineer Brandon Bostian.

 

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#254 CNJRoss

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Posted 13 September 2017 - 08:25 PM

AP 9/12/17:
 

Judge: Amtrak engineer's deadly crash an accident, not crime

 

 

PHILADELPHIA (AP) -- An unusual, 11th-hour attempt to put an Amtrak engineer behind bars for a deadly 2015 derailment in Philadelphia unraveled Tuesday as a judge dismissed the case without trial because he found the evidence pointed to an accident, not negligence.

 

Judge Thomas Gehret's rationale echoed the thinking of city prosecutors, whose decision in May not to charge engineer Brandon Bostian led a victim's family to seek charges on its own as a statute of limitations loomed.

 

Bostian, 34, hugged his lawyer as Gehret made his ruling at the end of a four-hour preliminary hearing that saw seven witnesses reliving aspects of the May 12, 2015 crash, including gruesome details of tattered cars and limbs strewn along the tracks.

 

 

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#255 CNJRoss

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Posted 13 October 2017 - 10:39 AM

Philly.com, 10/10/17:
 

Pennsylvania AG will still seek charges against Amtrak derailment engineer

 

 

The pursuit of criminal charges against the engineer who derailed an Amtrak train in Philadelphia in 2015 will continue, as Pennsylvania’s attorney general reported he was appealing a municipal court judge’s decision last month to dismiss charges.

 

Attorney General Josh Shapiro said Tuesday that he had filed a notice of appeal. The filing with Common Pleas Court comes just before an appeal deadline would have expired. A hearing has not been scheduled.

 

The lawyer who handled Bostian’s criminal case, Brian J. McMonagle, emphasized that in the last six months both the Philadelphia district attorney and the municipal judge concluded that Bostian committed no crime.

 

“Enough is enough,” he said of the appeal filing. “It’s wrong.”

 

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#256 CNJRoss

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Posted 21 December 2017 - 01:42 PM

AP via The Inquirer, Philadelphia, PA 12/20/17:

Prosecutors can try to reinstate charges in '15 Amtrak wreck

 

 

PHILADELPHIA (AP) - The fight to reinstate criminal charges against the engineer in a deadly 2015 Amtrak derailment in Philadelphia will carry over into next year.

 

A judge on Wednesday told prosecutors she will review Brandon Bostian's case, and she set a hearing for February where prosecutors may have the chance to argue that the engineer should be held criminally accountable for the derailment.

 

A different judge in September threw out involuntary manslaughter and other charges after finding evidence pointed to an accident.

 

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