Charges Reinstated Against Amtrak Driver In Fatal 2015 Derailment

PHILADELPHIA – Charges were dropped in September against the Amtrak driver who was behind the wheel when the fatal 2015 derailment in Philadelphia occurred. But charges were reinstated Tuesday, Feb. 6 by a Common Pleas Court Judge.

Brandon Bostian, 34, will head back to court in the ongoing legal saga surrounding the crash that occurred at Frankford Junction in North Philadelphia, killing eight and injuring about 200 others, on May 12, 2015.

Common Pleas Court Judge Kathryn Lewis overturned the decision made by Judge Thomas F. Gehret in September to drop the charges agaisnt Bostian.

Bostian faces 246 counts of reckless endangerment and eight counts of involuntary manslaughter with Lewis' decision to reinstate the charges.

Pennsylvania Attorney General Josh Shapiro said the decision from Lewis is an important on in pursuing justice for the victims.

"We’re pleased with the court’s ruling today," Shapiro said in a statement Tuesday. "This is an important step in the legal process of this case. We will seek justice for every victim of the Amtrak train crash."

Gehret tossed the charge on a lack of evidence that Bostian acted with criminal intent.

But Lewis said sufficient evidence does exist to show Bostian acted with criminal intent.

An investigation determined that Bostian lost track of where he was while operating the train, which was headed from Washington D.C. to New York City, and mistakenly increased the train's speed to 106 miles an hour heading into a turn with a speed limit of 50 miles per hour.

The reinstatement requires Bostian to surrender his passport until the case is over, make weekly call-ins to the court, and provide verification of his permanent address.

He was released on $9,000 unsecured bail Tuesday, Feb. 6 and is being formally arraigned on Feb. 20, court records show.

In May 2017, the Philadelphia District Attorney's Office said it would not charge Bostian.

But just days later Philadelphia Municipal Court President Judge Marsha Neifield ordered Bostian to be charged after lawyers for some of the victims of the crash demanded the case be reopened.

Photo courtesy of NTSB