The family of someone killed in the May 2015 Amtrak derailment sought a private criminal complaint against the engineer, causing a judge to order Brandon Bostian charge,d in Pennsylvania criminal court, after local prosecutors had decided there wasn’t enough evidence to prove some sort of criminal negligence beyond a reasonable doubt. ABC News has a detailed story here.
For the train engineer, this is an excruciating case.
This sounds highly unusual, perhaps vengeful, for private citizen to overrule a charging decision by a prosecutor (or grand jury). What if such criminal procedire was possible in the Ferguson MO case?
Positive train control would have prevented the accident, on an Amtrak route I have ridden many times personally. But when people drive trucks or trains for a living, there is always this personal criminal liability risk.