Prosecutors said they can't prove engineer Brandon Bostian acted with
"conscious disregard" when he accelerated the train to 106 mph on a 50
mph curve in Philadelphia.
Federal investigators concluded that Bostian lost track of his location,
or "situational awareness," before the May 12, 2015, crash after
learning that a nearby commuter train had been struck with a rock. They
found no evidence he was under the influence of drugs or alcohol or
distracted by a cellphone.
Lawyers Thomas R. Kline and Robert Mongeluzzi, who represent more than
30 victims and their families, described their clients as bitterly
disappointed and said many remain in constant pain two years later.
"There is a longing for accountability when you are disabled and in
excruciating pain every day," Mongeluzzi said. "The person who was the
primary and sole cause of this escaped punishment and you paid the
price."
Kline believes that Bostian, now 34 and still on unpaid administrative
leave with Amtrak, should at least face reckless endangerment charges,
if not the more serious charges that require a finding of intent.
"If he is allowed to escape responsibility, then it is an invitation for
every culpable person who operates a vehicle — whether it be a train or
a car or a bus or a boat — to say, 'I forgot where I was,'" Kline said.
But the District Attorney's Office concluded there was not enough
evidence to prove that he consciously disregarded any risks to his
passengers. The train had left Philadelphia minutes before, heading
toward New York.
"We cannot conclude that the evidence rises to the high level necessary
to charge the engineer or anyone else with a criminal offense," the office said in an unsigned statement.
The current district attorney, Seth Williams, remains in office although
his law license has been suspended amid a federal bribery indictment
set for trial May 31. A deputy is overseeing legal decisions, the office
has said.
Amtrak has taken responsibility for the crash and agreed to pay $265 million to settle related claims.
Bostian has a personal injury suit pending against Amtrak, saying he was
left disoriented or unconscious when something struck his train before
it derailed. However, the National Transportation Safety Board concluded that nothing struck the locomotive.
The NTSB called Amtrak's long failure to implement automatic speed
control throughout the busy Northeast Corridor a contributing factor.
Friends describe Bostian as a conscientious train enthusiast who had
worked his way up to his dream job. Bostian declined to comment to The
Philadelphia Inquirer last week. His lawyer has rarely commented and did
not return a message Tuesday left by The Associated Press.
Rachael Jacobs, 39, the CEO of a Philadelphia-based technology startup,
was returning home to her husband and 2-year-old son in New York when
she was killed. Her father had urged Williams to press charges over her
death.
"This does not surprise me, having seen the NTSB report. They came up
with this concept, 'situational awareness,'" said John Jacobs, a
Michigan lawyer. "To me, it's just ridiculous."
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