Engineer in fatal Amtrak derailment is once again facing criminal charges

KRISTEN JOHANSON
MAY 14, 2020 - 6:49 PM

PHILADELPHIA (KYW Newsradio) — For the third time, the Amtrak engineer at the helm of the deadly train crash five years ago could go to trial on criminal charges as Pennsylvania’s Superior Court says the judge who dismissed charges against him ruled too soon.

Engineer in fatal Amtrak derailment is once again facing criminal charges

The high court says Philadelphia Judge Barbara McDermott was too quick to toss the case against Brandon Bostian, who was charged with 216 counts of reckless endangerment, eight counts of involuntary manslaughter and one charge of causing a catastrophe in the Amtrak crash that killed eight people and injured 150 more on May 12, 2015.

It was the second time charges were dismissed by a Philadelphia judge — the first was in September 2017, but a high court reversed that decision as well.

Related: Charges dropped against engineer in fatal Amtrak derailment in 2015

Then last July, McDermott said the crash didn’t rise to the level of criminality, but the state attorney general, who is handling the case, appealed to the Superior Court, who says it was too early in the court proceedings to determine if there was credibility in the evidence presented.

Federal investigators say Bostian had no alcohol or drugs in his system the night of the crash, but noted he lost “situational awareness” and doubled the speed around a notoriously dangerous curve.

Bostian denies any wrongdoing, and his attorney, Brian McMonagle, calls this an accident, saying they will appeal the decision.