1 of 5

FILE - In this Dec. 20, 2017, file photo, Brandon Bostian, the engineer involved in the 2015 Amtrak derailment in Philadelphia that that left eight people dead and about 200 injured, departs from the center for criminal justice in Philadelphia. Manslaughter charges filed against Bostian have been dropped for a second time. A defense lawyer argued Tuesday, July 23, 2019, that any mistakes made by Bostian do not amount to a crime, and a city judge agreed. The state Attorney General's Office says it will appeal the latest ruling. (AP Photo/Matt Rourke, File)

2 of 5

FILE – In this May 13, 2015, file photo, emergency personnel work near the wreckage of a New York City-bound Amtrak passenger train following a derailment that killed eight people and injured about 200 others in Philadelphia. Manslaughter charges filed against Amtrak engineer Brandon Bostian have been dropped for a second time. A defense lawyer argued Tuesday, July 23, 2019, that any mistakes made by Bostian do not amount to a crime, and a city judge agreed. The state Attorney General's Office says it will appeal the latest ruling.(AP Photo/Patrick Semansky, File)

3 of 5

Members of the Lauderdale County Sheriff's Department and Lauderdale County Fire Service respond to a car-train crash Monday afternoon, July 22, 2019, near Meridian, Miss. A northbound Amtrak train struck a vehicle at a crossing, killing the vehicles' two occupants.(David Bohrer/The Meridian Star via AP)

4 of 5

Emergency personnel vehicles, are parked on the highway, right, as they respond to a train-vehicle collision that killed two people, Monday, July 22, 2019, in Lauderdale County, Miss. Lauderdale County Sheriff Billy Sollie reported that the victims' vehicle was struck by a northbound Amtrak train near US Highway 11, south of Meridian Regional Airport. The train was traveling from New Orleans to Meridian and points northeast. (David Bohrer/The Meridian Star via AP)

5 of 5

Emergency personnel respond to a train-vehicle collision that killed two people, Monday, July 22, 2019, in Lauderdale County, Miss. Lauderdale County Sheriff Billy Sollie reported that the victims' vehicle was struck by a northbound Amtrak train near US Highway 11, south of Meridian Regional Airport. The train was traveling from New Orleans to Meridian and points northeast. (David Bohrer/The Meridian Star via AP)

Charges dismissed again in deadly Philadelphia Amtrak crash

By Associated Press Philadelphia

PUBLISHED 3:24 PM ET Jul. 23, 2019

PHILADELPHIA (AP) — For the second time, a judge threw out all charges Tuesday against an Amtrak engineer for his role in a high-speed derailment in Philadelphia that killed eight people, saying: "The law recognizes we're all human."

Common Pleas Judge Barbara McDermott rejected the involuntary manslaughter and reckless endangerment charges after Brandon Bostian's lawyers argued that any mistakes he made did not rise to the level of a crime.

Two judges and the city's district attorney have now concluded that no charges should be filed against Bostian over the 2015 wreck, which also injured about 200 people.

The state attorney general's office, which pursued the case after the district attorney refused, will appeal, said spokeswoman Jacklin Rhoades. Bostian remains free in the meantime.

The New York-bound train jumped the track as it rounded a curve at more than twice the 50 mph (80 kph) speed limit.

National Transportation Safety Board investigators concluded Bostian lost his bearings while distracted by radio chatter about a nearby train that had been struck by a rock. They found no evidence he was impaired or was using a cellphone.

"We don't lock up doctors when they commit malpractice and they make a mistake," defense lawyer Brian McMonagle told The Associated Press. The judge "did the right thing."

Amtrak has taken responsibility for the crash, agreeing to pay $265 million to settle claims filed by victims and their families.

"It's a very big disappointment to the families who have been waiting for some measure of public accountability and justice," attorney Thomas R. Kline, who represents two of the families, said of the latest ruling. "We are hopeful that that day will come after appellate review and hopeful for a reversal of today's decision."

Since the accident, the railroad has installed positive train control technology on its Boston-to-Washington tracks that can automatically slow or stop a speeding train.

Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.