n2cbo wrote: ↑Sat May 16, 2020 4:47 pm
Let me give an example of how the (I'll call them "Urban Youths") throwing/dropping a brick or whatever from the Diamond Street Bridge could possibly be held criminally liable for the deaths.
Example: some "Urban Youths" decide to pull a couple of fire alarm boxes with false alarms. One of the fire engines gets into a FATAL accident while responding to the false alarm. The "Urban Youths" can be charged with FIRST DEGREE MURDER in some jurisdictions since they caused death while they were committing a FELONY.
Now, I am not familiar with the criminal code in Philadelphia, but since the damage maliciously caused was probably in excess of $200.00, in some jurisdictions that act could be charged as a felony.
DISCLAIMER: I am not an attorney, I only played one on the radio (I used to co-host a legal themed talk show on the radio)
Neither am I. I'm just a software engineer.
The thing is, there's another scenario where the engineer of the SEPTA train had to call up for medical support: Someone on the train is having a seisure or heart attack. (I had thought a trespasser strike would do it, but that would shut down the entire line almost immediately)
The point is, for six minutes (per NTSB report) the radio was tied up, and I won't be surprised if the engineer of 188 was keeping an ear out for a full stop order in case of officers on the track (but then the signaling would of turned full red anyway and everyone would of slammed into emergency). I think that radio chatter link is a bit too far removed legally for the kids to be charged with 188's deaths.
I do think they're guilty of attempted manslaughter on SEPTA's engineer and destruction of property, though!
Silverliner II wrote: ↑Sat May 16, 2020 5:37 pm
STrRedWolf wrote: ↑Sat May 16, 2020 4:33 pm
Had PTC not been delayed and was active on that track but with no other adjustments, I think the crash still would have happened, but at a slower speed, and NTSB would be screaming at Amtrak for screwing up the install.
No, the crash would not have happened. Had PTC been active with no other adjustments, it still would have placed the train into emergency, because despite the Clear signal, PTC also enforces the civil speed limit of the track, which on that curve is only 50 or 55mph (I forget which at the moment). Because there was no braking occurring for the upcoming reduced speed, PTC would have stopped the train short of Shore by use of either a penalty or emergency application, based on how far over the limit the train was going.
From what I saw in the report, the 50 mph speed limit on the curve starts at the curve. It's 80 mph before it. I still think it would of crashed, but not as bad and the train would be on full emergency at the time.