News Wire: Judge dismisses criminal charges in 188 crash

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Posted by Brian Schmidt on Tuesday, September 12, 2017 4:07 PM

PHILADELPHIA — One Pennsylvania judge says the deadly 2015 derailment of an Amtrak train in Philadelphia was likely an accident and has dismissed all criminal charges against the engineer, Brandon Bostian. Philadelphia media are reporting that...

http://trn.trains.com/news/news-wire/2017/09/12-bostian-charges-dropped

Brian Schmidt, Associate Editor Trains Magazine

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Posted by Dakguy201 on Tuesday, September 12, 2017 6:07 PM

I find it encouraging that PA still has at least one judge willing to resist the mob rule that bringing these charges represented.  It is a measure of just how far the attempt to stretch the law was made that his decision was rendered after four hours of hearings. 

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Posted by BaltACD on Tuesday, September 12, 2017 9:12 PM

The charges were just a symptom of our society that believes that whenever anything bad happens it has to be criminal.  Many things are criminal, however, there is one thing that criminal acts share - intent, in one way or another.  Bostain, in his faulty operational procedures, had no intent for the outcome that happened.

         

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Posted by runnerdude48 on Wednesday, September 13, 2017 11:20 AM

When a drunk driver gets behind the wheel of a car and then crashes it into a tree or another vehicle due his/her being drunk then there is no intent to harm anyone but there is a crime due to the driver being negligent in driving drunk.  Bostian wasn't drunk and he had no intention to harm anyone but he was negligent in the operation of the train because he did not know where he was and he did not follow the operating rules.  This makes it a crime and in this case justice was NOT served.

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Posted by ROBERT WILLISON on Wednesday, September 13, 2017 11:34 AM

runnerdude48

When a drunk driver gets behind the wheel of a car and then crashes it into a tree or another vehicle due his/her being drunk then there is no intent to harm anyone but there is a crime due to the driver being negligent in driving drunk.  Bostian wasn't drunk and he had no intention to harm anyone but he was negligent in the operation of the train because he did not know where he was and he did not follow the operating rules.  This makes it a crime and in this case justice was NOT served.

 

definitely a tough call,  but I think he got it right.

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Posted by cx500 on Wednesday, September 13, 2017 12:13 PM

No, a drunk driver has intentionally impaired himself (or herself) before driving.  The intent may not have been to actually kill someone, but the all too frequent result is well known. 

I think most of us have blown through a stop sign at least once in our life due to a momentary lapse, with potential tragic consequences.  That is negligent, yes; criminal, no.  Generally we are just thankful that no collision actually ensued.

 

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Posted by BaltACD on Wednesday, September 13, 2017 12:50 PM

runnerdude48
When a drunk driver gets behind the wheel of a car and then crashes it into a tree or another vehicle due his/her being drunk then there is no intent to harm anyone but there is a crime due to the driver being negligent in driving drunk.  Bostian wasn't drunk and he had no intention to harm anyone but he was negligent in the operation of the train because he did not know where he was and he did not follow the operating rules.  This makes it a crime and in this case justice was NOT served.

What is the crime?  Situationally unaware while sober?  Where is that crime on the statute books?  Violation of operating rules is not punishable in a court of law.

         

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Posted by CMStPnP on Thursday, September 28, 2017 11:27 AM

runnerdude48

When a drunk driver gets behind the wheel of a car and then crashes it into a tree or another vehicle due his/her being drunk then there is no intent to harm anyone but there is a crime due to the driver being negligent in driving drunk.  Bostian wasn't drunk and he had no intention to harm anyone but he was negligent in the operation of the train because he did not know where he was and he did not follow the operating rules.  This makes it a crime and in this case justice was NOT served.

Except this wasn't a car.   It was a train full of passengers on a very high speed corridor full of other trains.    Try driving a tank 25-30 mph on the no upper speed limit German Autobahn, imagine cars darting in and out in front of you as well even though your in a convoy..... and see if it changes your perspective on how a simple slip-up can kill people instantly if your not 100% focused on the road in front of you.

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