Judge questions charges as jury gets Amtrak engineer's case

PHILADELPHIA (AP) — A Philadelphia jury will soon weigh criminal charges against an Amtrak engineer over a deadly 2015 derailment — although the judge was skeptical Thursday that the evidence supports the prosecution’s case.

The on-again, off-again case against engineer Brandon Bostian, 38, will go to jury deliberations Friday morning. The charges include causing a catastrophe, involuntary manslaughter and reckless endangerment.

Eight people died and more than 200 people were injured when the train rounded a curve at more than twice the speed limit and derailed in north Philadelphia. Amtrak soon agreed to pay $265 million in civil settlements to victims and their families, but the criminal case has been an uphill battle.

The jury must decide whether Bostian sped up intentionally, knowing the risks — the threshold required for criminal negligence.

Common Pleas Court Judge Barbara McDermott said she wasn't sure the evidence was sufficient to prove the crimes. The city’s district attorney had declined to charge Bostian, but the state Attorney General’s Office stepped in after the victims’ families pressed for charges.

McDermott said she may review the sufficiency of the evidence again after the jury verdict.

In closing arguments Thursday, Bostian's lawyer said his client, a lifelong train buff, had a perfect work record until a minute before the crash. Bostian had just left Philadelphia's 30th Street Station when he heard emergency broadcasts that people were throwing rocks at a commuter train up ahead. He soon entered the first part of an S-curve — the trickiest part of the route from Washington to New York.

Yet instead of braking for the second curve, he kept accelerating, going from 65 miles per hour up to 70, 80, 90 and finally 106 miles per hour, when the train...