The Bartlett native blamed for crashing an Amtrak that killed eight people and injured hundreds more will now face charges. A Philadelphia judge ordered prosecutors to file criminal charges against the engineer.
The Philadelphia judge's ruling comes just two days after prosecutors said they didn't have enough evidence to prove Bostian acted with "conscious disregard."
Federal investigators looking into the crash said the train was speeding at 106 miles per hour before it derailed along a curve meant to be traveled at 50 miles per hour. They added that Bostian hit the emergency brakes moments before the crash, but only managed to slow the train to 102 miles per hour.
NBC News obtained a statement from Philadelphia District Attorney’s Office that explained the decision not to pursue charges:
Statement from Philadelphia District Attorney’s Office explaining decision for no criminal charges in May 2015 Amtrak train derailment. pic.twitter.com/vhuNNxTxHv
The DA’s office said “the derailment was caused by the engineer,” but cannot conclude that evidence rises to the level necessary for criminal charges.
Following the judge's ruling, the city has referred the prosecution of the engineer to the state attorney general in an effort to avoid any conflict of interest. The attorney general's office said it is reviewing the judge's order and there is an option to appeal the order.
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