PHILADELPHIA (AP) — Charges against an Amtrak engineer over a deadly high-speed derailment in Philadelphia has have been dismissed for a second time.
A city judge threw out manslaughter and reckless endangerment charges Tuesday after defense lawyer Brian McMonagle argued that any mistakes made by Brandon Bostian do not amount to crimes.
Two judges have now dismissed charges against Bostian in the 2015 derailment that left eight people dead and about 200 injured. The state Attorney General’s Office says it will appeal the latest ruling.
National Transportation Safety Board investigators concluded Bostian lost his bearings while distracted by radio chatter about a nearby train that was struck by a rock.
Investigators say the train rounded a curve at more than twice the 50 mph (80 kph) speed limit.
Victims’ lawyer Thomas Kline says the victim’s families are still seeking justice and hope Tuesday’s decision will be reversed.