The engineer in a deadly Amtrak derailment is due in court for a preliminary hearing to determine if he’ll face trial on criminal charges that were filed only after a victim’s family intervened and a judge overruled city prosecutors. Engineer Brandon Bostian’s lawyers want the case dismissed. They argued in court papers ahead of today’s hearing that the unusual circumstances leading to Bostian’s May arrest, as the statute of limitations loomed, had violated his due process rights. Judge Marsha Neifield ordered the charges based on a private criminal complaint that lawyers for victim Rachel Jacobs’ family filed after the Philadelphia district attorney’s office declined to press charges. Bostian’s lawyers argued the judge’s decision to approve the charges, including involuntary manslaughter and reckless endangerment, “unilaterally infringed” on the district attorney’s prosecutorial discretion. Bostian’s lawyers includes Brian McMonagle, who recently left Bill Cosby’s defense team after reaching a deadlock in his June sex assault trial.

Source: Local News