PHILADELPHIA — It took a jury less than 90 minutes to find Amtrak engineer Brandon Bostian not guilty of all charges in connection with the deadly May 2015 crash of Train 188 at Frankford Junction.
Bostian was charged with causing a catastrophe, eight counts of involuntary manslaughter, and almost 250 counts of reckless endangerment.
The jury reached its verdict on its first day of deliberations following a weeklong trial and a short suspension in deliberations Friday after one juror asked to be excused after the death of his sister Thursday night — the juror initially tried to participate in deliberations. An alternate was brought in after lunch and Common Pleas Court Judge Barbara McDermott instructed the panel to start deliberations anew.
The case focused on Bostian’s actions the night of May 12, 2015, when he was the engineer on Train 188, which was making its way to New York City, a route prosecutors said Bostian had to know by memory in order to be permitted to be the sole engineer.
After departing from Philadelphia’s 30th Street Station, Bostian approached one of the most difficult sections on his route at Frankford Junction, accelerating up to 106 mph, more than twice the speed limit. The train derailed, leaving eight people dead and more than 200 injured.
During the trial, the defense contended Bostian made an honest mistake as a result of distractions outside his control. Meanwhile, prosecutors contended Bostian had to be held to a higher standard, saying his job was to control the speed of the train and the crash was a result of neglecting that job.
A year after the crash, the National Transportation Safety Board released a report that found Bostian was not intoxicated, fatigued or on his cell phone. In interviews with federal investigators, Bostian described hearing distress calls from a SEPTA engineer, who said he was “kind of dinged” and had to make an emergency stop after “something” — later determined to be rocks — shattered the windshield of the cab.
The defense’s case leaned heavily on that broadcast and introduced dispatches made by an engineer on another train, which also described projectiles being hurled. The defense asked jurors to consider the impact of those reports on Bostian as he made his way through Philly.
Pointing to interviews former colleagues and supervisors offered, as well as his incident-free track record since he became an engineer in 2010, the defense painted Bostian as a responsible employee, a train enthusiast and another victim of people hiding in the darkness that night.
Defense attorney Brian McMonagle argued the trespassers throwing rocks at trains were the ones who created a distraction for Bostian, causing him to lose his focus and make a fatal mistake. And yet, “they just walked away,” said McMonagle.
The prosecution, however, countered with engineers who testified that it’s common for people to toss projectiles at trains. Those other engineers, Phillips argued, avoided crashes by relying on their training.
Leading the prosecution, Christopher Phillips of the state Attorney General’s Office, also tried to cast doubt on McMonagle’s claims Bostian, who required 14 stitches and suffered a concussion, didn’t know where he was as he sped up.
Immediately after the crash, Bostian told a passenger exactly where they were, despite later asking authorities if he was in New York.
The prosecution asked jurors not to consider Bostian’s intent that evening. The charges would be entirely different had Bostian intentionally caused the death of eight people, said Phillips in closing arguments Thursday.
“Sometimes accidents become crimes,” said Phillips.
Friday’s verdict ends a seven-year saga for family members of victims who have long waited for Bostian’s criminal trial.
In 2016, Amtrak agreed to pay a $265 million settlement to victims but levying charges against Bostian took years.
The Philadelphia District Attorney’s Office initially declined to file charges against Bostian. When a judge ordered the DA’s office to do so, the office recused itself, and the state Attorney General’s Office stepped in. Even so, judges dismissed charges against Bostian twice.
The jury reached a verdict after listening to five days of testimony from other engineers, including the Amtrak engineer who trained Bostian; crash investigators; the older brother of a crash victim, and a passenger injured in the crash.
Last week, Bostian rejected a plea deal that would have dropped the lead charge of causing a catastrophe, a felony, choosing instead to let a jury decide his fate.
