Speeding Amtrak engineer charged in 2015 crash that killed 8

The case was transferred to the Pennsylvania Attorney General Josh Shapiro's office on Thursday after Philadelphia Municipal Court President Judge Marsha Neifield ordered a private criminal complaint could move forward. The family submitted an affidavit stating that Bostian was going more than twice the speed limit.

"We've received the referral from the Philadelphia District Attorney's Office and are carefully reviewing this important matter", Joe Grace, a spokesman for the state attorney general's office, said on Friday.

"We can not conclude that the evidence rises to the high level necessary to charge the engineer or anyone else with a criminal offense", read the DA's statement.

The judge ruled that charges of involuntary manslaughter and reckless endangerment can be brought against Bostian, both as misdemeanors.

Attorney Richard Sprague, representing the family of one crash fatality, responded to the news by asking the DA to file charges based on a citizen's complaint.

However, the Philadelphia's district attorney's office determined that the evidence did not rise to the necessary level needed to charge the engineer or anyone else with a crime. The speed limit climbs from 50 miles per hour to 110 miles per hour about a mile and a half after the curve. Bostian also filed suit against Amtrak in January accusing the railroad of not providing him a safe working environment. His client now lives near Boston, according to Neifield's order.

Amtrak agreed to a $265 million settlement with the injured and families of those killed.

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

Potential NASCAR penalty mars Almirola's solid finish at Talladega
Kevin Harvick was second at 196.439 miles per hour , while Brad Keselowski, Kurt Busch and Joey Logano rounded out the top five. I'd say our season started off really strong. "I kind of made a mistake where I was on the track".

Bostian has a personal injury suit pending against Amtrak, saying he was left disoriented or unconscious when something struck his train before it derailed.

Investigators said he was likely preoccupied by a radio report that rocks were being hurled at another nearby train.

"The National Transportation Safety Board concluded in August 2016 that Bostian likely caused the derailment, which occurred as the engineer accelerated into a curve rather than braking".

Each misdemeanor charge carries a maximum five-year sentence.

The two-year statute of limitations for charges in the May 12, 2015, crash was set to expire Friday.

Bostian, who has maintained an extremely low profile since the crash and reportedly lives in NY, has not yet been charged.

"Yet prosecutors say they have 'no evidence that the engineer acted with criminal "intent" or criminal "knowledge", ' and they do not believe there's enough evidence to prove that Bostian acted with 'criminal recklessness'".

"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.

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