Judge dismisses charges against Amtrak engineer

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 Brandon Bostian, (center), the Amtrak engineer charged in a Philadelphia derailment that killed eight in 2015, accompanied by his lawyer Brian McMonagle, (right), arrives for a preliminary hearing at the Criminal Justice Center in Philadelphia, Tuesday, Sept. 12, 2017. (Matt Rourke/AP Photo)

Brandon Bostian, (center), the Amtrak engineer charged in a Philadelphia derailment that killed eight in 2015, accompanied by his lawyer Brian McMonagle, (right), arrives for a preliminary hearing at the Criminal Justice Center in Philadelphia, Tuesday, Sept. 12, 2017. (Matt Rourke/AP Photo)

A judge has dismissed criminal charges against the engineer in an Amtrak derailment in Philadelphia that killed eight people.

The decision came Tuesday after a preliminary hearing for 34-year-old Brandon Bostian.

Judge Thomas Gehret says that based on the evidence offered by prosecutors, he feels it is “more likely an accident than criminal negligence.”

The 34-year-old engineer was arrested in May after the family of one of the victims filed a private criminal complaint, and another judge overruled prosecutors who’d said there wasn’t enough evidence against him.

Bostian’s Washington-to-New York train tumbled from the tracks on May 12, 2015, after accelerating to 106 mph as it entered a 50-mph curve.

About 200 people were injured.

Federal safety investigators concluded Bostian lost his bearings while distracted by an incident with a nearby train.

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