PHILADELPHIA (KYW Newsradio) — The jury in the criminal trial of Brandon Bostian will soon be deliberating his fate after Thursday's closing arguments.
The former Amtrak locomotive engineer is charged with involuntary manslaughter, reckless endangerment, and causing a catastrophe for his role in a fatal train derailment in Port Richmond nearly seven years ago.
Defense lawyer Brian McMonagle was up first. He told the jury that Brandon Bostian made a mistake, but doing so was not a crime.
“It’s only a crime if you don’t care," McMonagle argued.
The defense says Bostian was distracted by radio calls of rocks being thrown at other trains in the area and lost his situational awareness. He claimed his client didn’t know he was approaching the Frankford curve when he accelerated to 106 miles per hour before the train derailed.
He said eight people lost their lives because of some cowards, referring to those throwing rocks at trains that night.
Then it was the prosecution's turn.
“Sometimes accidents become crimes,” Senior Deputy District Attorney General Christopher Phillips told jurors.
He argued that Bostian disregarded the risk. He referred to witness testimony and how locomotive engineers said rock throwing on the rails is very common, and they are trained on how to handle those situations.
He said the defendant knew where he was, pointing to evidence that Bostian called his partner and family after the derailment and gave his location.