When the Philadelphia District Attorney's Office announced on May 9 that they would not be pressing charges against Bostian, prosecutors said they did not feel they not prove criminal intent nor knowledge - based on interviews with multiple detectives, railroad-safety experts and Amtrak officials.
A Philadelphia judge has ordered that city prosecutors file charges against Brandon Bostian, the engineer who operated Amtrak 188 when the train derailed in May 2015, killing eight and injuring more than 150 others.
WASHINGTON, May 13 ― Criminal charges were filed yesterday against a USA passenger train driver for the 2015 derailment in Philadelphia that killed eight people and injured more than 200.
Federal investigators have determined the May 2015 derailment occurred after its engineer became distracted, lost situational awareness and accelerated the train to 106 miles per hour on a curve that has a 50 miles per hour speed limit.
"Bostian was an experienced engineer who was aware of the route and the fact that there were speed limits throughout the route", reads the police criminal complaint filed by Shapiro's office.
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Philadelphia prosecutors released a statement Thursday indicating that they will refer Bostian's prosecution to the state's attorney general to avoid a conflict of interest.
Lawyers for the family of a NY woman killed in the crash obtained a private criminal complaint from a city judge after Philadelphia prosecutors this week announced they would not pursue charges.
President Judge Marsha Neifield of Philadelphia Municipal Court ordered charges of involuntary manslaughter and reckless endangerment against engineer Brandon Bostian.
In Pennsylvania, a private complaint is a criminal action initiated by a private citizen rather than a police officer.
Otherwise, veteran lawyer Richard Sprague said, "it's nearly like inviting drivers of vehicles and cars to drive recklessly".
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Following that announcement, attorneys representing victims of the crash demanded the criminal case be reopened Attorneys asked the Office of the District Attorney to accept a private criminal complaint filed by the husband and father of Rachel Jacobs, a Philadelphia mother killed in the crash, according to The Inquirer. Bostian's lawyer hasn't returned messages seeking comment this week. Investigators say seven to nine of those minutes the engineer was listening to and participating in the radio conversations regarding other trains being hit with a projectile.
NTSB investigators say they found no evidence the Amtrak engineer was using alcohol, drugs or a cell phone.
Today marks the two-year anniversary of the crash.
Kline represents the family of the NY victim, Rachel Jacobs, a 39-year-old technology executive, wife and mother.
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