It was the second time charges were dismissed by a Philadelphia judge — the first was in September 2017, but a high court reversed that decision as well.
Then last July, McDermott said the crash didn’t rise to the level of criminality, but the state attorney general, who is handling the case, appealed to the Superior Court, who says it was too early in the court proceedings to determine if there was credibility in the evidence presented.
Federal investigators say Bostian had no alcohol or drugs in his system the night of the crash, but noted he lost “situational awareness” and doubled the speed around a notoriously dangerous curve.
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Bostian denies any wrongdoing, and his attorney, Brian McMonagle, calls this an accident, saying they will appeal the decision.