Amtrak Train Crashes In Philly

[wholbr]

Hi everybody.

Charges filed today:

https://www.attorneygeneral.gov/Media_and_Resources/Press_Releases/Press_Release/?pid=3381

Many thanks for that update RRSignal. This incident is still making the news in industrial safety circles even on this side of the pond. One thing that is to be sure is the fact that Amtrak and the rail authorities will be as much in the dock as this driver when the trial eventually opens in court.

Can someone advise me if in the United States courts a judge can make recommendations at the conclusion of a case in regard to where he/she feels alternative additional responsibility may lay in a case, outside of the persons under charge. The forgoing is often practised in the UK courts following not only individual court hearings but public enquiries also.

Bill

 

[cascaderailroad]

I can associate with the hypnotic effect of driving a multitrack line, especially at night ... I could never do the job, as above 50 mph I doze off and fall asleep in Trainz

I read that the RR did not install PTC on the NB side of the curve at Frankford Junction, as they thought it to be a low priority installation, thinking that no one in his right mind would ever even think of entering that NB curve in excess of 50 mph ... I believe the SB curve had PTC installed ... so YES the RR is at partial fault for negligence of not installing safety devices system wide, at all curves and junctions

The system at Gunpowder Falls had 3 signals, and the distant, and close signal were misread, or ignored due to speed (and the sabotaged disabling tape over the annoying warning whistle), and the home signal was RED, as the locos slid with brakes on full, into a closed turnout, jamming it's wheels in the points, then in desperation, trying to force the escape of the turnout, by sliding through a slipswitch, the only other option, unfortunately further into the path of the hurtling NB Colonial Limited

 

[RRSignal]

Hi everybody.


Many thanks for that update RRSignal. This incident is still making the news in industrial safety circles even on this side of the pond. One thing that is to be sure is the fact that Amtrak and the rail authorities will be as much in the dock as this driver when the trial eventually opens in court.

Can someone advise me if in the United States courts a judge can make recommendations at the conclusion of a case in regard to where he/she feels alternative additional responsibility may lay in a case, outside of the persons under charge. The forgoing is often practised in the UK courts following not only individual court hearings but public enquiries also.

Bill

That's a muddy issue, but, if I understand your meaning correctly, no. Either a defendant is guilty of the charges on which they were indicted, or not. I believe they can weigh outside responsibility when determining sentencing, though, and they can, of course, issue comments. I do not believe they can go so far as to charge an unindicted party.

On another note, I've worked with Josh Shapiro a little. Pennsylvania has had its fair share of lousy attornies general (to the point of some being convicted for criminal wrongdoing) but he's a pretty competent guy.

 

[wholbr]

Hi everybody.

That's a muddy issue, but, if I understand your meaning correctly, no. Either a defendant is guilty of the charges on which they were indicted, or not. I believe they can weigh outside responsibility when determining sentencing, though, and they can, of course, issue comments. I do not believe they can go so far as to charge an unindicted party.

On another note, I've worked with Josh Shapiro a little. Pennsylvania has had its fair share of lousy attornies general (to the point of some being convicted for criminal wrongdoing) but he's a pretty competent guy.

Many thanks again RRSignal, the situation you lay out above is very similar to the powers judges have hear in the UK. Judges in summing up a case can state that there were failings or involvement of other parties but have no powers to have those parties indited. However they can then take those failings or involvement of other parties into consideration when sentencing those under charge.

Could you RRSignal or another forum member kindly advise me when the case is likely to come to court in regard to the Philadelphia Amtrak incident. As I stated in my above posting there has been ongoing interest worldwide in industrial safety circles, and there was discussion on the IOSH forum (Institute of Occupational Safety & Health) only a few weeks ago in regard to developments in this case. Therefore I may post over on that site later with what I have learnt on here today.

Some of the finest most Qualified brains in Industrial Occupational Safety worldwide post on that site, so I may be able feedback to here what is stated from the members only side of the forum if it that were to be of interest to members here. Of coarse, that will only happen if further discussion gets underway on the IOSH forum.

Bill

 

[PerRock]

Finally some prosecution in a case ... Probably will serve 4-10 years in State Prison for 8 deaths ... Eligible for parole after 48 months, for the remainder of 6 more years

I doubt there will be any time served in the end. All the different DAs (and there were 3 involved) couldn't find enough evidence to prove he was at fault, it's likely that the courts will find the same. The reason for the charges now is that PA has a law on the books that allows civilians to request criminal charges be brought against someone. One family of one person killed hired a lawyer to do just that. And the reasoning for now is that statute of limitations, he had to have been charged before Friday (the 12th) otherwise the statute of limitations would come into effect & he couldn't be charged at all.

At this point it's just an Ambulance chaser lawyer and a single family trying to milk it for all it's worth.

peter

 

[cascaderailroad]

There is no statute of limitations in a "Involuntary Homicide" case

In a death case, the broad charge of Criminal Homicide encompasses all death charges, and charges can be brought against a person as long as he is alive, as many times as they wish to recharge a person, unless the person is acquitted in the death trial

 

[cascaderailroad]

The engineer has been arrested on 8 counts of manslaughter, and released, posting no $80,000 cash bail bond, as long as he shows up for his June 2017 court hearing