Philadelphia Amtrak Derailment Investigation Concludes, No Criminal Charges Filed

PHILADELPHIA, PA — Despite acknowledging that the deadly 2015 Amtrak derailment was caused by an engineer operating the train at excessive speed, no criminal charges will be filed in the crash, the Philadelphia District Attorney's Office announced on Tuesday. The incident almost exactly two years ago led to the deaths of eight people and injuries to 200 others.

The decision not to press charges comes after a lengthy investigation that reveled the engineer had become distracted in the moments leading up to the fatal incident, resulting in a loss of "situational awareness," according to authorities.

"We cannot conclude that the evidence rises to the high level necessary to charge the engineer or anyone else with a criminal offense," the district attorney's office said in a statement. "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. Nor do we believe there is sufficient evidence to prove, beyond a reasonable doubt, criminal recklessness, which would be the only other basis for criminal liability."

The derailment occurred on May 12, 2015, when the engineer, Brandon Bostian, became distracted by radio communications that a nearby SEPTA train had been struck by debris, according to a National Transportation Safety Board investigation.

During the course of their investigation, District Attorney's Office sent two ADA's to ride in the cab of the train along the route of the crash, listened to audio tapes from the scene, and interviewed experts in train operation.

Bostian, 32, believed the train was on a different part of the track, and applied full throttle, investigators said. The train increased its speed from 65 miles per hour to 106 miles per hour in about 50 seconds.

Bostian, who had no safety lapses on his record and was admired by his colleagues, could have also been confused by the darkness, investigators said. Authorities ruled out other factors that could have made him negligent: his toxicology report came back clean, and he was not using his cell phone in the moments leading up to the crash. Because of this, the DA's office said there is no proof he "consciously disregarded" any protocol.

The train, which was headed from Washington, D.C. to New York, was still traveling 106 miles per hour when it hit the Port Richmond turn near Frankford Junction in northern Philadelphia. That turn has a 50 mile per hour speed limit. The train flung off the train and crashed onto its side.

Bostian said he could not remember precise details of what happened leading up to the crash, describing it as a "dream-like" state. Other witnesses later told investigators in the final moments leading up to the crash, Bostian had radioed to report the train had been hit by either rocks or gunfire.

The DA's office said that their determination to not press charges related only to criminal matters. "We offer no view on potential liability in other legal proceedings arising out of this incident," the statement said.

>>8 Killed In Amtrak Derailment In Pennsylvania

The crash caused more than $9 million in damage, officials estimate.

Image via Youtube screenshot