Regardless of the outcome of this individuals subsequent trial and sentencing, I am relieved to hear that this man was charged with (1 count x # of deaths) homicide. It is a no brainer to most of us here on this site, but the point MUST be made to the public in general that "Crossing safety" involves EVERYONE on the train, not just the driver.
Personaly, I don't think the man's state of mind should be given the least bit of concideration. The case itself should be tried on action + outcome alone.
The CMC on my first sub used to say "locks are to keep the honest man honest." The idea being that you will never prevent the most detirmined criminal from doing wrong, but make the average, otherwise "honest" citizen think twice before doing something foolish.
I hope this makes the proponents of such things as "whistle bans" realize that there is one-hell of a lot more to crossing safety than the life of one driver vs. the peace and quiet of the neiboring resident.