Summary Brandon Bostian could face criminal charges if law enforcement finds he was reckless or negligent.
PHILADELPHIA (AP) - The driver at the controls of a train that derailed in Philadelphia, killing eight people, remains the focus of an inquiry by federal transportation safety investigators. But a second probe could prove more personally devastating: Prosecutors are trying to determine if he committed a crime.
Brandon Bostian, 32, could face criminal charges if law enforcement finds he was reckless or negligent when the train approached a curve at 106 mph, according to former prosecutors. But any prosecution would have to pass a high bar.
Federal investigators said Wednesday that Bostian used his cellphone the day of the crash, but his lawyer has said it was stowed away and turned off during the ill-fated trip to New York. The lawyer said Bostian then retrieved it from the twisted wreckage and used it to call for help.
Lawyers suggest the charges under review would include reckless endangerment, involuntary manslaughter, third-degree murder and aggravated assault
especially if he were on his phone or intentionally distracted.
Jurors, though, must find significant negligence to convict someone of those crimes.
Philadelphia District Attorney Seth Williams expects to wait until the National Transportation and Safety Board issues its findings before deciding on charges. U.S. Attorney Zane Memeger is also keeping tabs on the probe.
Bostian s lawyer, Robert Goggin, has not responded to repeated requests for comment from The Associated Press. He told ABC that his client suffered a concussion and has no memory of the moments leading up to the May 12 derailment, which killed a U.S. Naval Academy midshipman, an Italian wine broker and six others and injured dozens.
That could cut both ways at trial.
Train drivers have been charged following other deadly train wrecks.
In Canada, a rail driver who is accused of failing to secure the brakes on an oil train was charged with 47 counts of criminal negligence for the ensuing derailment and explosion that killed 47 people. His case remains pending.
