Posted on 05/12/2017 10:51:44 AM PDT by Publius
President Judge Marsha Neifield of Philadelphia Municipal Court ordered the city District Attorney’s Office on Thursday to reverse course and charge Amtrak engineer Brandon Bostian with involuntary manslaughter and reckless endangerment.
To avoid a potential conflict of interest, the District Attorney's Office responded that it would refer the prosecution to the state attorney general. Neifield issued the order following a request from lawyers for victims of the May 12, 2015, derailment of Amtrak Train 188 that the case be reopened. On Tuesday, the District Attorney's Office had said that, following a lengthy investigation, it had concluded there was insufficient evidence to bring charges.
The following day, lawyers with the office of Richard A. Sprague, a prominent city lawyer and former first assistant district attorney, formally asked the District Attorney's Office to accept a criminal complaint filed by the husband and father of Rachel Jacobs, a young mother killed in the crash.
(Excerpt) Read more at philly.com ...
The unions didn’t want the case pressed, which is why the Powers That Be didn’t want the case pressed. But Sprague, who represented the victims and their families, caught them before they could tank the case, and the President of the Court agreed that this was egregious enough to warrant a judicial intervention under Pennsylvania law.
So the feds can scour their list and find something else to charge with him. Probability of conviction may be low but at least it will take more time and someone will have to pay his additional legal expenses.
Judges should meet some sort of mandatory minimum requirement for knowledge of the law.
But why did the union want to expend any juice on covering this up? Just cuz the perp’s a union guy? Just thinking there’s more to it than that. Makes me wonder what a lot of folks, in addition to the unions, have to hide.
Post #17 for the law. The judge did what is permitted under Pennsylvania law.
Yes. Run a search on Philadelphia union violence. You'll note that the prosecutors won't press charges or will negotiate reduced charges and sentences. You'll also note that the city's judges are more than tolerant of union violence. The police have learned from this and take a hands-off position on the matter.
The unions run Philly.
Ah, but did he, “intend” to kill people?
Writs of Mandamus it sounds like.
Roughly equates to: Do your duty!
I didn’t know about that.
I think “a” judge should demand the District Attorney take action on this.
That judge should then recuse them-self from the case, but this was so blatantly over the top, it had to be addressed.
If this wasn’t “involuntary manslaughter and reckless endangerment”, those categories should cease to exist.
This man should face charges. The impact of his actions was simply too great.
1) "GotNews IDs Gay Activist Train Engineer Who Caused Amtrak Crash"
2) "Disaster: From Target Cashier to Amtrak Engineer"
3) "QUOTAS KILL? Philly Death-Train Engineer Was Dubiously-Qualified 32-y.o. Gay Rights Activist..."
Amtrak Policy: "Our diversity training program is designed to be an ongoing journey that emphasizes key principles of diversity and inclusion."
Post #17 lays out Pennsylvania law on the matter, and Post #25 lays out the politics and why the DA’s office tried to sweep it under the rug.
Thanks for pointing me to the two posts.
This sound quite rational.
The handing off of the case to another jurisdiction was reasoned and important.
I like what I see taking place here.
The judge hasn’t ruled the guy guilty. The judge is merely demanding the man face charges. He can still be judged to be innocent of wrong-doing. It would be a travesty of justice IMO, if he never even had to answer for his actions in light of people dying.
Is there a cost to criminal negligence?
Seems to me there should be. You should at the very least have to sweat it in court.
You summed it up brilliantly.
Thanks Publius.
Have a great weekend...
I saw a Soviet trial portrayed in The Americans. They marched the prisoner out of her cell and in front of a judge. The judge said, you have been found guilty and sentenced to death; sentence to be carried out shortly. Then while she was still absorbing that bit of news, one of her guards sticks a pistol to her head and caps her. Swift justice.
“The train was traveling 106 mph, more than twice the posted speed limit, when it entered a sharp curve at Frankford Junction and derailed.”
Local coal trains around these parts don’t travel that fast. What was this man on?
Next, a directed verdict of guilty.
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