to see if bostian had a history of using his phone while operating trains. police and lawyers for the crash victims still want to interview the engineer. >> he has not cooperated with us to the point of coming back in. we have a lot of questions that need to be answered. >> we're going to take that engineer and put him under oath and find out from him exactly what he was doing. exactly what he remembers. >> reporter: now the ntsb tells us that the engineer told them he doesn't remember what happened in the crash. he did suffer a concussion and had 14 staples placed in his head. coming up at 6:00, how long could this investigation take? we'll have some of those answers. dawn? >> all right dave, thank you. see you at 6:00. >>> meantime congress continues to ask just what can be done to make the nation's railways safer? the federal railroad association now wants railroads to identify locations where the speed limit dropped heading into tight curves or bridges. and in those spots it's recommending installing automatic breaking controls to slow trains down if the

investigators still hinted bostian still may have used his phone in other ways.ays that don't require an internet connection. >> things like use of an app or other use of the phone have not been determine. >> reporter: 32-year-old has not been heard from since the crash but those representing the victims have been out in the open. >> we've another client in critical condition. >> reporter: philadelphia attorney larry firm represents 12 passengers injured on the train. records indicate the train piqued at 106 miles an hour before derailing that's more than twice the posted speed limit. >> he has a responsibility to all those people who want to go safely home to their families and he and amtrak failed in that responsibility. >> reporter: all questions everybody wants to know what was happening inside that train bostian's attorney has said his client doesn't remember the crash. bostian told the investigators a few days after the crash that he wasn't sick and wasn't tired. his blood tests have not been made public. live in the sat center tonight david spunt cbs3 "eye

a 911 call was made from bostian bostian's phone eight minutes after the crash that killed eight passengers and injured 200 more. >> the individual did not identify himself but there was a 911 call indicating there was a train derailment and that help was needed. >> reporter: investigators here took possession of the phone on wednesday and are now examining the 30-day period prior to the crash to see if bostian had history of using his phone while operating trains. police and the crash victims lawyers still want to interview the engineer. >> it could have been mechanical problem. it could have been human error that was just an accident and it could have been human error that was so negligent it could be criminal. >> reporter: now the ntsb has not reached a conclusion on whether the engineer was using an app on the phone or using his phone foining else prior to the crash. the philadelphia police department and investigators here would still like to talk to the engineer. he has not spoken to them since the night of the accident and early morning hours with his attorney and he didn't say much.

ntsb plans to use a even if like bostian to compare data record. so far it does not appear he was using train's wifi but that does not rule out he was not using his phone. >> there are 400,000 pieces of date, involved in the analysis and because of the extent of that things like use of an app or other use of the phone has in the yet been determined. >> we're going with whether he was on the phone, not paying attention or not aware of what he was doing, he has a responsibility to all of those people who want to get safely home to their families. >> that was just continue finch reporting. "eyewitness news" is staying on top of the amtrak derailment investigation, we will bring you new developments on television and on line at cbs philly.com. >>> right now just past 5:33. lets check with katie on the start of the heat wave. >> that is the spectation. what you need for the official definition of the heat wave is three days or more of 90 degrees or more and we are calling for that, three straight days of at least 90. today that will be the hottest. stor

bostian did not report fatigue but he also told the n.t.s.b. he does not remember the crash. scott, a friend tells us bostian is still recovering from his injuries and has not gone back to work. >> pelley: we wanted to check on the injured and four weeks after the crash we found out that two are still in the hospital but neither of them is in critical condition. today, the mckinney, texas police officer who pulled a gun on a group of teenagers and roughed up one girl apologized through his lawyer. eric casebolt, a deck rated 10-year veteran resigned yesterday and we have more on the story now from michelle miller. >> i don't care, sit down. >> reporter: corporal casebolt was stressed out interest two suicide calls earlier in the day when he responded to a fight at a pool party last fridays. that's according to thiz attorney, jane bishkin. >> with all that had happens that day he allowed his emotiones to get the better of him eric regrets that his conduct beportrayed him and his department in a negative light. >> reporter: but police chief greg conley offered no executions jee

he died at temple hospital. >>> accident investigators say amtrak engineer brandon bostian did in the make calls or send text operating the train involve in the may's deadly derailment, bostian does not remember the port richmond crash that killed eight people and injured 200. money watch wendy gilette, wall street had a recovery. what kind of numbers are we talking about here wendy. >> reporter: yes we were wall street snapped a slump. dow jones rallied for 236-point, biggest one day gain in more than a month. s and p500 climb 25, nasdaq finished 62 points higher, natasha a and erika. >>> auto maker issued a recall, what is the problem this time. >> reporter: acura is recalling 50,000 suv because automatic emergency braking system can malfunction. it involve 2014/2015 mdx and rx suv's. there are no reports of accident or injuries in the u.s. because of the problem but it did cause two accidents in japan natasha and erika. >> thanks, wendy. >>> well, coming up after the break weather and traffic on the three's. >> we will be r >>> we are taking a stand for hope cbs-3 and cw philly are

>>> the ntsb issue a report today and we now know what engineer, brandon bostian was not doing before his train accelerated into the junction curve and left the tracks at the cost of eight lives john rawlins is at the scene in port richmond, we are talking about his cell phone. >> reporter: that is right. you remember last week there was concern that the ntsb could not say if the engineer was on his phone or not at the time of the crash, they can say that no he was not, not talking on the phone, not texting and no way connected to an outside network that said, however, they condition tell yet if the phone was switched off or on in the airplane mode. that is something they are continuing to investigate. >> in terms of cause of the philadelphia accident, do we know anymore about that yet? >> the senate hosting rail safety experts including an ntsb board member was engineer brandon bostian using his cell phone prior to the crash the latest finding analysis of the phone records did not indicate that any calls texts or data occur during the time before the crash and he did not access the t

ntsb also says that bostian did not tap into amtrak's wifi system at all operating train on may 12th. >> there are 400,000 pieces of data a involved in the analysis, and because of the extent of that, things like use of an app or other use of the phone has not been determined. >> reporter: ntsb officials say they will compare the phone of brandon bostian with an identical one to validate data inside. >> it raises more questions then gives us answers. >> reporter: larry, and his partners are representing 12 of the 200 people injured when amtrak train 188 derailed near port richmond last month. at 106 miles an hour it was going more than twice the posted speed limit around the curve. >> so regardless of whether he is on the phone, or not paying attention or not aware of what he is doing, he has a responsibility to all of those people who wanting to safely home to his families and he and amtrak failed in that responsibility. >> reporter: something else we're waiting on are blood test result, bostian friend were quick to say their friend always had a keen eye on safety throughout his care

federal investigators still can't say why it happened or clarify questions about engineer brandon bostian's cell phone use at the time of the crash. >> there are very few answers right now three weeks after one of the most horrific crashes that our nation has ever seen. >> reporter: congressman ryan cass stelle low represents philadelphia's western suburbs. >> we didn't get the type of answer that left us fully understanding why after three weeks we don't have an answer to the question of whether or not texting or phone calls were happening. >> reporter: the head of the federal railroad administration and others testifying before the house transportation committee emphasized once again that train 188 traveling at 106 miles an hour on a curve with a 50 miles an hour speed limit caused the crash in port richmond killing eight people and injuring about 200 others. >> the speed was a significant factor. and speed simply put is what we refer to as a human factor. >> the engineers union suggests staffing trains with two crew members in the cab amtrak now plans to install interior cameras to monit

future hearings, and reports will lincoln the cell phone findings of brandon bostian. they are told they have evidence a phone was being used that day but ntsb want to get timing down to the critical moment of the crash and compare that to what they see on the cell phone. as of last check they had patientness their care one in critical condition. we are live outside 30th street station i'm he justin finch, for cbs-3 "eyewitness news". >>> justin, thank you. >>> 5:33. here's traffic and weather together. >> good morning everybody. certainly another dreary start for the day. further north you go more likely that today you will end up with some sunshine but we are calling for more cloud then anything especially as we kick start the morning because we are tracking plenty of moisture on storm scan three. but now we are sinking off to the south. lets look at the live neighborhood network. very obvious split here in the grayness of the sky you've got several shade of gray, maybe in the 50 of them but certainly a few of them at palmyra cove nature park. we are facing south. wh

. >> investigators say brandon bostian wasn't on the internet while operating the train.stian gave investigators the passcode to his phone and told them he doesn't remember anything after the train left philadelphia bound for new york. an ntsb board member told lawmakers they haven't concluded whether bostian's phone was turned off or perhaps in airplane mode. >> things like use of an app or other use of the phone has not been determined. >> in airplane mode a user can be watching a movie, playing a game or reading an e-book. so what may have happened? >> potential drug interaction, medical event of some kind. momentary distractions in the cab and fatigue. >> the northeast regional train was going 106 miles per hour when it derailed on a 50-mile-per-hour curve. >> that was nbc's peter alexander. >>> in mckinney, texas we're hearing from officer eric casebolt seen on tape forcibly breaking up a pool party and pulling his gun. he apologized through his attorney. >> with all that had happened that day, he allowed his emotions to get the better of him. he was not targeting mi

bostian has told investigators he can't remember what happened or why. the crash was the focus wednesday of a u.s. senate hearing on train safety and a new safety system called positive train control or ptc. >> undoubtably, the installation of ptc is complex but just talking about the technical challenges won't make them go away. we need to get this technology installed quickly. >> reporter: railroads are required to implement ptc by year's end, while the ntsb goes so far as to say positive train control would have prevented the philadelphia crash. chris clackum nbc news. >>> here at home, the humidity is starting to rise and it's only going up from here. meteorologist amelia siegel is in the storm center. sounds like we are heading into a steamy weekend. yes, chris. our second heat wave of the year, starts tomorrow, lasts through saturday. right now, 84 degrees show you the dew point, talks about humidity. above 65 starting to feel humid outside. you can see we are at a comfortable 63. the humidity will start to increase throughout the day tomorrow. goi

a 911 call was made from bostian's phone eight minutes after the crash, that killed eight passengers, and injured 200 more. >> the individual did not identify himself. but there was a 911 call indicating there was a train derailment. >> sources say investigators took possession of the phone wednesday and now examining the 30 day period prior to the crash to see if bostian had history of using his phone while operating trains. police in the crash victim's lawyers still want to interview the engineer. >> could have been mechanical problem. it could have been human error just an accident, tan could have been human error so neglect it could be criminal. >> and dave schratwieser tells us the philadelphia police department still want to talk to the engineer. he hasn't spoken with investigators since the hours just after the crash. >> it just doesn't add up at this point. >> so many questions still unanswered. >> coming up troops on the move. how many more service members president barack obama is sends to go iraq. >> plus thieves force their way into a church food pantry find out what they

brandon bostian has still not spoken to the philadelphia police department, since the morning after thesh. he has not agreed to be interviewed. when he showed up at the ntsb interview, mike alex, at the society hill sheridan few weeks back on friday arrived in a wheelchair, in a wheelchair. he has a concussion, he had a concussion he had 14 staples place in the his head the night of the incident from a gash he received from being flipped upside down in the cab of the locomotive. so he still has a concussion. no word on what his status still off the job is he on medical leave. there is no information at this point from amtrak as to his status at this point. but he was pretty badly shaken up according to his attorney and according to him what he told ntsb investigator. >> and still sticking to the story that he doesn't remember anything. >> doesn't remember a thing at this point. does not remember a thing. so the situation now, is up to the district attorney seth williams here in philadelphia, perhaps, federal prosecutors, the fbi still looking at this situation what does dough in this pa

a 911 call was made from bostian bostian's phone eight minutes after the crash that killed eight passengers and injured 200 more. >> the individual did not identify himself but there was a 911 call that there was a train derailment and help was needed. >> reporter: sources took possession of the phone on wednesday and examining the 30 day period prior to the crash to see if bostian had a history of using his phone while operating trains. police and the crash victims lawyers still want to interview the engineer. >> it could have been a mechanical prob he. it could have been human error that was just an accident and it could have been human error so negligent that it could be criminal. >> dave schratwieser tells us the philadelphia police department still wants to talk to the engineer. he hasn't spoken with investigators since the hours just after the crash. >>> the search for two escaped prisoners in upstate new york expanding further east tonight. authorities are checking camp sites and boat slips in northern vermont that's where investigators say david sweat and richard matt may have been

texting on his cell phone when he was operating the train when it derailed last month and brandon bostian suffered a head injury and does not remember what happens during the deadly accident. john rawlins has the report from the 30th street station. >> reporter: hi rick, this is interesting, it takes off the table the idea that a cell phone call or texting or an active data search some how became a distraction for the engineer but it does not take off the table that the device it self may have been a distraction. >> the analysis of the phone records show that no calls texts or data occurred during the derailment of the train. and the engineer did not access the wifi system while operating the locomotive. that was the big question when the ntsb chair was on the hill and that the records were more complex than first thought and the analysis with was taking longer than expect. >> we are inexpecting the engineer's records. >> now the safety agency can now say that the engineer's phone was connected, they cannot say if the phone was in use in airplane mode, if it was in airplane mode it could

they were concentrating on the engineer, brandon bostian and if he was using his phone before the crash it was reported that he did not talk or texon his phone or use a function that needed data, but they have yet to determine if he was operating it in airplane mode. >> we are evaluating the engineer's cell phone records to correlate the data with the accident timeline. >> bostian has suffered a head injury and doesn't remember what happened before the accident and experts are combing through the data on his phone to find an answer to what caused the crash that killed eight people and injures dozenser more. >>> we are getting a break in the humidity but it won't last long, a nice picture of the center city skyline, it's warm but not as high as yesterday but we could see highs in the mid-90s, david murphy is live now outside with more on that. >> we have sunshine and more of those fair weather cumulous clouds around and still bright in most spots look at satellite it's fun to show you a satellite that is lapsing and not showing you anything at all with the spotty cloud cover here and the

next they plan to use a phone like bostian's to compare data record. so far it does not appear he was using the train's wifi but that does not rule out he was not using his phone. >> there are 400,000 pieces of data involved in the analysis and because of the extent of that things like use of an app, or other use of the phone has not been determined. >> regardless of when was on the phone or not paying attention, are not wear of what he is doing, he has a responsibility to all of those people who wanting to safely home to their families. >> reporter: that was just continue finch reporting. "eyewitness news" is staying on top of the derailment investigation, we will bring you any new developments on television and on line at cbs philly.com. >>> 6:34 now. time for traffic and weather together. good morning katie. >> good morning. we are starting off on a hazy note in some locations. we have a hint of that cloud cover. it is more than anything just looking almost misty just because we have got more moisture starting to build up in our atmosphere but most

tracks, while they have ruled out the most obvious uses of the phone but have not ruled out that bostian was using an app, he was not connected to the train's wifi signal but could have been operating in airplane mode he told officials he does not remember what happened in the crash that killed 8 people and injured dozens of others. 6abc.com has the late, and there is a slideshow of those that were lost in the amtrak derailment. >>> a chester county boarding school teacher is arrested on charges that he sexually assault aid student, he say teacher, coach and dorm supervisor at the phelps school in malvern investigator say that it happened on the campus of the school where scavitto lived in housing, scavitto is behind bars on $250,000 bail and police are concern that there may be other victims. >>> sean harris of norristown is behind bars on a million dollars bail on bank robbery charges, he was seen on surveillance cameras robbing the bank of america on june 3rd and took cash and fired a gun inside of the bank no one was hurt and harris is set to go before a judge in two weeks. >>> turni

according to the ntsb no calls, no text messages no data used on brandon bostian's cell phone. investigators say they are not finished looking at the phone and it could have still been on airplane mode. if it was, he still would have been able to use an app. the ntsb reiterated that this probe is expected to take a year. bostian was at the controls of train 188 when it left the track and doubled the speed limit in port richmond. eight people died and more than 200 injured. >>> delaware's former chief medical examiner is set to plead no contest to charges of official misconduct. dr. richard t. calorie was fired last july after a drug lab was shut down because of theft and tampering. and drug convictions in hundreds of cases in delaware. the doctor is set to plead no contest today on misdemeanor offenses. >>> fallout from that scandal has been costly for delaware. the state has spent 1.6 million to send drug evidence to a private out of state lab. the public defender's office has filed 1,000 motions to overturn past drug convictions and in more than 700 cases the attorney general

in the end, no data was found to suggest that 32-year-old brandon bostian was on his cell phone at the time of the crash or even before it. they say he has no recollection of the crash. got into his bag and used his cell phone to call 911. the use of a cell phone by engineers is banned by phones. the ntsb says in light of this new finding, there's still a lot of work to do. >> there are 400,000 pieces of data involved in the analysis. and because of the extent of that things like use of an app or other use of the phone has not been determined. >> again, right now in washington, you just saw a clip there. there is a hearing on passenger rail safety that is going on at the moment. i'm watching those developments. i'll be back in 30 minutes with an update going on there. live in the digital operation center. matt delucia "nbc10 news." >> all this is happening as u.s. senate committee holds a hearing on rail passenger safety. here's a live look at the hearing being held by senate commerce and transportation committee. we'll monitor the conference and let you know if there are any important

. >> reporter: bendesky is referring to the latest fine goes stating that train engineer brandon bostian was not talking texting or using the internet on the phone in the moments before the crash. >> we have determined that there were no talking and texting or data usage involve however. >> reporter: that however point to the possibility that bostian was using the phone in other ways like browsing photos or old e-mails things that don't use data or internet. >> there are four hundred thousand pieces of data involved in the analysis. because of the extent of that things like use of an app or other use of the phone has not been determined. >> reporter: engineers blood test results of in the been released, he told police he remembers nothing of the crash. >> what was he doing? how did this happen if he wasn't on the phone? >> reporter: that question may take more than just sorting through data to answer, two people hospitalized following last month's crash that killed eight passengers. reporting live from 30th street station alexandria hoff for cbs-3 "eyewitness news". >>> now to a scandal

the agency's report also shows that bostian's phone was not connected to the wi-fi system. bostian was at the controls of train 188 when it left the track and doubled the speed limit in port richmond. eight people died and more than 200 injured. investigators are not finished looking through the phone and it could have been on airplane mode. if it was, he still would have been able to use an app. the ntsb reiterated that the probe is expected to take a year. >>> the derailment took center stage in washington yesterday. senate lawmakers asked tough questions in an attempt to find out what caused last month's crash. they want to know what safety procedures can be put in place to prevent these accidents in the future. safety officials pushed for the quick installation of technology called positive train control which is designed to slow speeding trains to prevent derailment. >> even more than just positive train control but a lot of other things could have been done like auto train control as well as some other better signage as well as other measures that could be taken. safe

ntsb did not rule out possibility that engineer brandon bostian's phone was being used for something other than calls or text there are four hub thousand pieces of data involve in the analysis and because of the extent of that things like use of an app or other use of the phone has in the been determined. >> investigators are still working to find out whether bostian was distracted by his cell phone. derailment occurred when train entered a curve at 106 miles an hour over twice the speed limit there. >>> eye bitterness news is staying on top of the amtrak derailment investigation, get very latest on air and on line at cbs philly.com. >>> authorities have entered their sixth day in the search for two quick murderers who escaped a maximum security prison in new york. cbs news correspondent don champion tells us officials are now following hundreds of leads. >> here where escapees from new york. >> reporter: authorities in versace machines pounded pavement late in the night handing out wanted posters. >> they are both wanted for doing murders. they are not nice people. >> reporter: sear

federal investigators say they still do not know if the engineer brandon bostian was on his cell phonethe speeding train derailed last month o congressman ryan costello of chester county a member of the transportation and infrastructure committee wants more information. >> when you have a hearing and you hear that they don't know whether the cell phone was turned on area if the gentleman was texting or talking on the phone between 9:10 and 9:21 it's just a little hard to accept. >> bostian was also tested for drugs but the results are not back yet. >>> an update on a story "action news" brought you last month. philadelphia police released new surveillance video of a pair of thieves they believe could be tied to 17 scooter thefts in the area since april. they were spotted walking along the 1900 block of carpenter street in south philadelphia back on may sixth. they walked past a scooter turned around, picked it up and walked away with it. in each case the locks and chains used to secure the scooters had been cut. >> and now we're at the big board to get a first look at business. dupont

federal investigators say they still don't know if the engineer brandon bostian was on his cell phone before the speeding train derailed last month. congressman ryan costello from chester, a member of the transportation and infrastructure -- excuse me -- committee wants more info. >> when you have a hearing and you hear that they don't know whether the cell phone was turned on or if the gentleman was texting or talking on the phone between 9:10 and 9:21, it's just a little hard to accept. >> bostian was also tested for drugs but the results of those tests are still not back. >> let's turn to accuweather and dave murphy. little bit of rain still out there, right. >> little bit, yeah. storm tracker six live double scan shows it to you. keep in mind where you don't see the green there is the the possibility of some drizzle but taking a look at that birds eye view the stuff in south jersey especially close to philadelphia and gloucester and chester county is really beginning to break apart and this is really not much more than nuisance rain at this point. i'll go ahead and move it for you

they want to look at the key moment of the wreck to bostian's cell phone calls text and et cetera.emple tells us they have about four patients still under their care, one of those patients remain in critical condition, this morning. we are live outside 30th street station i'm justin finch for cbs-3 "eyewitness news". >> just continue, thank you. >>> meanwhile revelation from the man charged with killing a dozen people at a colorado movie theater james holmes phoned a mental health hot line just before the rampage but call was disconnect just before anyone answered. the jury watched a conversation between local holmes and his psychiatrist. >> reporter: despite comparison to the joker and speculation about his mental state, james holmes told the psychiatrist he was calm and collected as he prepared to walk into this movie theater in aurora, colorado where he would kill a dozen people and injure 07 others. calm and collected is how he would describe donning a gas mask, turning up music on his wireless headphones, stepping in the theater and throwing a tear gas canister. >> then i saw

engineer brand on bostian was not using his cell phone. they find no calls or texts or data usage during the time he was operating the train. the report also fines amtrak's records confirms he did not have access to the train's wi-fi system. we'll have much more on that and more as we come back right here on "the rundown." stay with me. hi, my name is cliff. i'm tom. my name is eric. and i help make beneful. i help make beneful. i help make beneful. after working here, there's no other food i'd feed my pets. each ingredient is tested by our own quality insurance people. i see all the quality data everything that i need to know that it's good for my dog. there's a standard. and then there's a purina standard. i make it and i feed my dog beneful. i feel proud because i know that i helped make that bag of dog food sitting on that shelf. we were below the 88th southern parallel. we had traveled for over 850 miles. my men driven nearly mad from starvation and frostbite. today we make history. >>bienvenidos! welcome to the south pole! if you're

that had a 50 miles per hour speed limit it accelerated from 60 to 106 prior to the crash brandon bostian told investigators that he has no memory of that night after passing philadelphia station. >> eight people died in that mishap and some people still in rehabilitation in hospitals up and down the northeast corridor there are four people that are still in acute care hospitals in here in philadelphia two at hahnemann and two in temple. john rawlins, channel 6 "action news." >> thank you john, 6abc.com has the latest on the ntsb's investigation as well as updates on the victims that are still hospitalized. we have a picture gallery featuring those that died in the amtrak derailment. >> our thoughts and prayers are with those families. >> a perfect ten out there today. >> yes cecily tynan is in for adam joseph standing outside, a nice place to be. >> i want to say here the rest of the afternoon we have loads of sunshine and comfortably warm temperatures and low humidity. satellite 6 along with action radar you can see a band of clouds moving off the coast and new york state a broken line

the engineer brand and bostian was overworked in the middle of a script shifted the was labeled a ruling when it went off the rails. jon: new information affect talks with iran on reining in its nuclear program. international inspectors reported iran's stockpile of nuclear fuel increased by 20% during the past year-and-a-half of negotiations. that makes an agreement even more complicated for the obama administration just weeks for the deadline. rich edson has more from the white house. peter:

ich reviewed brandon bostian's phone record. the new york city boundrain was traveling at 106 miles an hour last month when it entered a curve with a 50 mile per hour speed limit and jumped the tracks. bostian once an engineer at caltrans caltrans. >> president obama ahorized 450 troops to iraq. first ord of business will be to help fighters take back ramadi from isis. abc's martha raddatz has the story. >> reporter: tonight the american forces seen here with american troops are getting reinforcements. 450 new u.s. troops n heading to a desert air base in western iraq. but it's not just more troops it's more money. weaw the vast american command center in the region this week, somef the $2.5 billion vehicles armor and weapons. this is an mq 1, a remotely piloted aircraft or as we call them drones. they're in the fight 24/7. armed with health fire missiles. newt new americans will help the iraqi militaryomething this air force special operator is already doing. >> they'll get better. >> very diplomatic way to say that. >> they're

. >> the human in question here is engineer brandon bostian. and the question is why was his train going more than 106 mph in into a curve where the speed limit is 50. bostian said that he can't remember anything following the accident. they're looking at his cell phone, and they still can't figure out if he was using the phone, making calls or texting in the moments leading up up the crash. >> it's hard for me to imagine why it's so complicateed to get the answer whether the engineer was utilizing a cell phone at the time of the trash. it it seems like it should be just a simply matter. >> they noted that the last fatal accident was 28 years ago. >> we run a safe railroad. and safety will continue to be our top priority. >> there were also a lot of questions about the train cars involved. at least one of them almost completely shattered. others survively mangled. what emerged in tuesday's hearing is that cars in the philadelphia wreck date back to 1975 and weren't built to month modern safety starks. the reason why they're still not reed is be

the ntsb says that the 32-year-old engineer brandon bostian was not talking or texting on the cell phone the track. investigators appear to be struggling to understand why the train accelerating approaches a turn going from 70 to over 100. investigators have found no problems with the track's signals or the train. >> they've eliminated you know most of what we call the low hanging fruit. now they're going to have to zero in on the behavior of the engineer. >> reporter: today on capitol hill the ntsb cautioned their analysis of bostian's cell phone is not done yet. >> there are 400,000 pieces of data involved in the analysis and because of the extent of that things like use of an app, or other use the of phone has not been determined. >> there's still no explanation for what caused the shatter pattern on the windshield. the fbi says it was not a bullet. it's unclean if it was hit by some other projectile. . the late-night crash left eight people dead and more than 200 injured. government-mandated technology called positive train control was not installed on the tracks at the time. it coul

and they don't know if the engineer, brandon bostian, might have been using an app or looking at emails. they will find out. eight people killed when the train hit the curve at 106 miles per hour. joe >>> the water back on along 10th street, but may not stay that way way. repairing a water main break and something went wrong. it will not be repaired for months, residents should be prepared for rolling water outages throughout the customer. >>> more than 400 people gathered under the big top tonight dressed in their finest for the washington square affair. the annual event helps to raise money for upkeep of this historic green space. >>> a beautiful night for a beauty pageant parade. the women competing to be the next miss new jersey staying a stroll along the board of of -- of -- of -- boardwalk. they were carried by care chariots before the crowd. >>> troops on the move. explaining how many more american military service members that president obama is deploying in the fight against iz isis. >>> what would motivate people to dive into a giant bowl of jello. >>> and you may want to do t

. >> brandon bostian wasn't on the internet operating the train. he gave investigators the pass code to his phone and told them he doesn't remember anything after the train left philadelphia bound for new york. lawmakers haven't concluded whether his phone was offer or in airplane mode. >> things of an a or other use of the phone has not been determined. in airplane mode one can watch a movie. the northeast regional train was going 106 miles per hour when it derailed on a 50 miles per hour curve. >>> in mckinney, texas we're hearing from eric casebolt. he was seen on tape breaking up a pool party and pulling his gun at one point. now he's speaking out. >> with all that happened that day, he allowed his emotions to get the better of him. he was not targeting minorities. >> casebolt's authority said he responded to two separate suicide calls before the pool part, and they had taken a toll on him. he resigned tuesday. >>> a truck blew a tire and went into a ditch, the impact tossing and killing one shark. a sea world rescue team was called in to help.

. >>> we should mention that engineer brandon bostian has not been charged with any crime. his attorney has gone on the record saying his client doesn't remember that crash. ntsb officials yet to release bostian's toxicology reports. >> well, the death toll continues to rise in the deadly terror attack in tone osha. at least 39 people reported dead there. the islamic state is claiming responsibility for this attack, in which a young man hid assault rifle in a umbrella, then opened fire on a beach full of tourists, just unbelievable. the shooting spree ended with police shooting that suspect to death. >>> another terror attack there is one in france, ends with one person dead, and we've now learned of a connection to our area. investigators say, a delivery manna tacked a gas factory near leone using his car to ram oxygen tanks ignite the explosion. suspect who was killed by police, was also suspected of decapitating his boss, scrolling arabic mission zero message on his head, facing it on a fence post. factory where it happened belongs to air products of lehigh county. >>> i

earlier this month ntsb investigators revealed brandon bostian was not talking or texting on his cellne at the time of the derailment. investigators are still looking for the cause of the crash. >>> crews continue to make progress to return power to communities across our region. there are many waking up in the dark for a fourth straight morning. here are the out anl numbers we just updated them within the last 30 minutes and they are improving slightly. peco now says it has a little more than 1,900 outages. down from 2,300 a half hour ago. atlantic city electric still has about 36,000 dlp and psg & e remains around 200 outages. >>> nbc 10 was along turnersville road in pine hill county as neighbors got their electricity back. they say it is a big relief. we also talked to the atlantic city electric crew who put them back on the grid. they say it all takes time. they have to completely clear the wires of tree limbs and branches. then it has to be rewired foot by foot. >> you have to do everything safely, have to do it in order. then we get people back in. but we can't just hit a switc

now, we should mention engineer brandon bostian has not been charged with any crime.ney has gone on the record saying his client does not remember that crash. ntsb officials not yet released bostian's toxicology reports. >>> well, the death toll continues to rise in a deadly terror attack in ton osha. at least 39 people are reported dead. the islamic state is claiming responsibility noria tack. in which a young man hit assault rifle in a umbrella, then opened fire on beach full of tourists, just awful. that shooting spree ended when police shot that suspect to death. >>> well, another terror attack there is one in france, ends with one person dead, and we've now learned after connection to our area. investigators say, a delivery manna tacked a gas factory near leone using his car to ram oxygen tanks and ignite an explosion. well, the suspect who was killed by police, was also suspected of decapitating his boss, scrawling arabic message on his head, placing it on a fence post. the factory where it happened belongs to air products of lehigh county. >>> meanwhile preside

bostian immediately gave the pass code to his phone so investigators could search the records. there's no evidence of calls or texts. they're looking into apps that may have been active at the time of the crash. that a could take weeks or months to determine. the ntsb ruled out signal dysfunction, drug and alcohol intoxication and now calling and texting as potential causes for derailment. they're turning attention to operator fatigue, vandalism and other sources of the crash. >>> we're hearing an apology from the lawyer of eric casebolt the lawyer who has been criticized for actions breaking up a pool party. his attorney says when he arrived at party, he was under stress. he just responded to two suicide attempts. >> with all that happened that day, he allowed his emotions to get the better of him. eric regrets his conduct portrayed him in his department in a negative light. he never intended to mistreat anyone but was only reacting to a situation and the challenges it presented. he apologizes to all who were offended. >> the lawyer goes on to say that casebolt has been receiv

brandon bostian gave the ntsb his cell phone password to help clear suspicion that he was distracted behind the controls. amtrak train 188 was traveling at 106 miles an hour as it approached a curve. the derailment killed eight passengers, injured 200. investigators say a positive train control system designed to slow down speeding trains would have prevented the crash. >> every day that passes without it, we run the risk of very deadly and very preventible accident. >> reporter: by law, amtrak has until the end of the year to implement the technology which the train company's ceo told the senate committee today will likely cost the system $13.2 billion over two decades. >> one issue that has slowed the implementation of access on the northeast corridor has been a matter of radio -- [indiscernible] >> reporter: congress recognizing the challenge of meeting the deadline is considering an extension on up to five years on a case-by-case basis. positive train control has since been implemented at the site of the deadly derailment. delia goncalves, wusa9. >> the g.o.p. controlled house ha

brandon bostian was on his cell phone at the time of the crash. eight passengers were killed and more than 200 were injured. he is cooperating with investigators. >>> if you details about the anthrax sent to a lab in delaware, we learned that the samples were live but less dangerous than feared. 11 states including new jersey received the life anthrax samples, mistakenly sent from the proving ground in utah, the delaware lab will be decontaminated this week and they stress that the public was never in danger. >>> a bomb threat this morning in philadelphia. police say that the threat indicated there were multiple devices on board u.s. airways flight 64 nothing was found on the plane. >>> the head of the tsa is denoted after a national failure of airport security. it show a 95% failure rate of prohibited items making it through check points, we are talking about mock weapons and explosives. the head of homeland security is now ordering changes. it wants the agency to offer more training. >>> now they want to talk to a motorcycle about a road rage in

earlier this month investigators revealed that brandon bostian was not talking or texting on his cell phone at the time. investigators are still looking for the cause of the crash. >>> speaking of trains we have information about new engines on order for septa. here's what they are getting. our first look at the electric lowco motives. . the locomotives will replace several older engines operating on ferris regional rail lines. they will be the same type as the ones amtrak already uses along the northeast corridor. they have a maximum speed of 125 miles per hour. and audio and video recording systems are installed. the first of these engines went into service for amtrak last year. >>> from our delaware bureau, a state law is on the way that will reduce the penalty for possessing small amounts of marijuana. adults caught with less than an ounce of marijuana will only face a $100 fine. no jail time or criminal record. >> there are a lot of people who use cannabis instead of having a glass of wine or beer. >> last year there was a little over 3,900 arrests for having an ounce or less of

no results yet and the ntsb admits it is surprised that it hasn't been able to figure out whether bostian was using his cell phone. today there were lots of questions about seatbelts, the federal railroad administration says belts on trains would require every seat to be changed and that would cost billions. also the ntsb report released today reveals the derailment cost amtrak more than $9.2 million. >>> the nbc 10 investigators first revealed inoperative speed monitoring systems on the frankfurt curve where the train sped off the rails at more than 100 miles an hour. nbc 10 news investigative reporter mitch blacher was at today's hearing. >> the tracks where the accident occurred have some safety feature installed to trip the signals and force ask and i'm going to address it.gpc$,5"tqi r nsportation and infrastructure were going thrp@/13p]÷ ask before they said a word. >> we make safety decisions based on safety and the infrastructure decisions were being made based on the available funds. >> reporter: he said amtrak never thought a train could get enough speed on this curve to derail.

. >> the ntsb determined brandon bostian was not using his cell phone at the time of the crash. >>> philadelphia's mayor and a delegation of other leaders have wrapped up a week-long visit to rome. it was their chance to make some of the final preparations for the pope's visit to our area this fall. when pope francis arrives in september, emergency crews and hospitals here will be on high alert. emergency management officials tell us that they're always conducting has casualty drills and credit their response to last month's amtrak crash as how a good example practice can make all the difference in a crisis. for the pep's visit, expect all hands on deck they tell us. >> we're dealing where this as a big storm. we normally staff people overnight for storms so they're there for the morning shifts. we're going to do this over a period of a couple of days. >> the search is also on for local families to host sick children while they receive treatment. officials worry with an influx of visitors housing options for kids will be scarce. >>> count on nbc 10 for complete coverage of the pope's visit leading