USA

Scholar: Options remain after order to charge train engineer

Scholar: Options remain after order to charge train engineer

Earlier in the week, the district attorney's office announced the speed of the train was responsible for the derailment but evidence was inconclusive that the train operator should be charged with a criminal offense.

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.

Bostian faces eight counts of involuntary manslaughter, one count of causing or risking a catastrophe, "and numerous counts of reckless endangerment", Shapiro said in a brief statement.

On Tuesday, the DA's office said that despite its findings, "We have no evidence that the engineer acted with criminal "intent" or criminal "knowledge" within the special meaning of those terms under Pennsylvania law for purposes of criminal charges".

In a statement, Cameron Kline, a spokesman for the district attorney's office, said the matter has been referred to the Pennsylvania attorney general's office to "avoid the potential for any apparent conflict of interest".

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Bostian was the conductor who was at the helm of the train that was traveling at 106 miles per hour, more than double the 50 miles per hour speed limit, as it rounded a curve on the track.

Amtrak has taken responsibility for the crash and agreed to pay $265 million to settle claims filed by victims and their families.

Neither the attorneys nor the DA's office returned calls requesting comment.

Court records list addresses for Bostian in New York City and in Somerville, Massachusetts, near Boston.

Kline and attorney Robert Mongeluzzi, who helped negotiate the settlement, announced the judge's order late Thursday.

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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.

NewsWorks reports that the family of 39-year-old Rachel Jacobs, a crash victim, filed a private citizen complaint on Wednesday. However, the National Transportation Safety Board concluded that nothing struck his locomotive.

Attorney Thomas Kline (pictured on Thursday) sought a private complaint on the behalf of the family of victim due to the lack of charges.

"The private complaint mechanism exists for cases where the police can't make an arrest and, arguably, for cases where they won't but they should", said Jules Epstein, a Temple University law professor. Bostian has said he had no recollection of the incident; he did not have drugs or alcohol in his system, nor was he using a cellphone at the time of the derailment.

British hospitals say hit by suspected national cyber attack
The National Cyber Security Centre (NCSC) said teams were "working round the clock" in response to the attack. He confirmed that firms could apply for the patch which was released in March.


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