brandon bostian the engineer in court today. he is, as you say, charged with involuntarily manslaughter and reckless endangerment for the eight people killed. the state prosecution started to put on evidence and testimony in an effort to convince the trial judge that this case should go forward and indeed it was a crime as to what happened and brandon bostian committed that crime. and they called first responders and one injured passenger, a young woman by the name of blair ber man. she testified she had interaction with bostian after the crash and asked to use his phone to call her father and he refused and finally won the argument but at the time she did not realize he was the actual engineer of of the train just an injured passenger. and a question raised by the prosecution that bostian may have had another device besides his cell phone that the ntsb. there was testimony that he saw bostian at one time had a tablet and ipad type device, that went missing and nobody knows where that when. it's a slow process in the courtroom a

all a bunch of legal maneuver and mechanics, how criminal charges were end ever filed against brandon bostian, the judge hearing none of that, and denies the motion to have the case possibly appealed to higher court, to determine if this was the right place for these charges. now i can tell you the first witness on the stand of philadelphia police officer, who was investigating unrelated homicide, rushed to the scene, and described basically a minds field of live strewn power lines across the tracks, he says, he came across victims, and body parts , he painted an absolutely grizzly and very difficult scene to listen to, and then he also testified about the big shattered glass in the midst of the lobing most i have of train 188, that is the suggestion that brandon bostian, the engineer, was who distracted when entering the curve because right earlier, a septa train on an unrelated track also had it windshield shattered, distracting the engineer of that train, apparently all point bulletin went out along the rail lines to be on be the the look out for people throwing rocks at trains, then saw t

brandon bostian is a good man. his heart breaks for the loss of life in this case and the tragedy that occurred. >> reporter: story of how charges were filed is a complex narrative, philadelphia d.a.'s office turned down the case citing a lack of evidence. eventually the attorney general filed charges, picking up the case hours before the statute of limitations was set to expire. bostian lost situational aware ness according to a ntsb report as he zoomed 188 into an s curve. the lack of situational aware ness proved to be a central element in today's hearing. prosecutors thought any mention of those four word being introduced deputy attorney general called it junk science. at this point, attorneys for the victims say they are stunned with today's development of these charges, of being tossed out. as far as if they will be re filed, the only thing that the attorney general's office will say and they said tonight a statement to us is they are reviewing their options. that is very latest outside the criminal justice c

here's brandon bostian arriving, for court yesterday with his attorneys, inside of the courtroom a municipalourt judge dismissed criminal negligence charges, you may recall on may 12th, 2015 bostian propelled amtrak train 188, to 106 miles an hour into a set of curves, capable offhandeddeling half that speed. eight people died and 200 others were hurt when the train derailed in the cities port richmond section. >> brandon bostian's only job was to get people from one point to the other, safely. he didn't even need to steer the train. >> these charges should have never been brought. this was never a crime. this was an accident. >> the case was first originally dismissed by philadelphia district attorney 's office and then the pennsylvania attorney general picked it up hours before the statute of limitations was set to expire. >>> happening today, a preliminary hearing foreman who surrendered in connection with a deadly hit and run. woman police described as, homeless, was killed when she was hit by a white suv near 13th and race streets in center city august 6th. the striking vehicle was late

here's brandon bostian arriving for court yesterday, flanged by his attorneys.ide a municipal court judge dismissed criminal negligence charges. on may 12th, 2015 bostian propelled amtrak train 188 to 106 miles an hour into a set of curves capable offhanded deling half of that speed. the train flew off the tracks in fail's port richmond section, killing eight people and hurting 200 others. >> brandon bostian's only job was to get people from one point to the other, safely. he didn't even need to steer the train. >> these charges should never have been brought. this was never a crime. this was an accident. >> the case was first dismissed by the philadelphia district attorney's office, and the pennsylvania attorney general pick it up hours before the statute of limitations was set to expire. the ntsb had previously called bostian's error a loss of quote situational awareness. >>> well, just a couple weeks in the semester students at lehigh valley college are mourning the loss of their classmates, students held a vigil on lafayette college's campus for freshman mcc

the state tried to build a case that brandon bostian be held criminally responsible but in the end the seemed to agree with the defense saying it was more likely an accident than a crime. the preliminary hearing in center city lasted four hours. in the end, the judge dismissed the case against brandon bostian without trial. >> these charges should have never been brought. this was never a crime. this was an accident. >> reporter: bostian faced involuntary manslaughter and reckless endanger. charges. back in may of 2015 he had been at the controls of the amtrak train when it crashed. the investigation showed bostian had been going 106 on a 50 miles per hour curve. 200 people were injured. eight people died. the national transportation safety board had previously concluded bostian had become distracted by an incident with a nearby septa train and lost situational awareness thinking he was on a different high speed portion of the track. earlier this year the district attorney's office had decided not to prosecute bostian but a judge overturned that decision and the case was referred to th

expressing outrage this morning, after a judge dropped all criminal charges against amtrak engineer, brandon bostian tan. bostian was controlling amtrak train 188 when it derailed near frankford junction, back in 2015. eight people died, and hundreds more were hurt. a philadelphia judge dropped the case on tuesday ruling prosecutors did not present enough evidence against bostian to support criminal charges. local naacp leaders argue the justice system unfairly ruled the whitening near's case accident while black contractor was convicted when salvation army store collapsed back in 2013 skimming six people. >> campbell bell could have died in that collapse, yet was found with criminal charges against him, convicted and put in jail. this is a great injustice. it is justice working two different weighs in one city calling it one justice system. >> contractor griffin campbell is serving 15 to 30 year sentence. the naacp is trying trying to get him a new trial, equipment operator ben pleaded guilty to involuntary manslaughter. report show he had painkillers and marijuana in his system at the time. bensch

a judge finding that brandon bostian at least from his point of view on the bench was not criminally negligent. >> today a good judge made sure that justice was served. >> reporter: major developments surrounding the deadly wreck of amtrak 188, a philadelphia municipal court judge is letting man behind the doomed train, off the hook , for now. >> everybody came to the same in escapable conclusion, this was not a crime. >> reporter: attorney brian mcmonigal hammering outside a similar argument he made a short time ago right before the judge who dismissed the charges that amtrak 188 engineer brandon bostian was not in his word, criminally negligent for the deaths of eight people that night in may . tom kline is among host of attorneys representing the victims at the crash. >> the attorney general's case was built on the fact that there was a wreck less disregard for human life taking 50-mile an hour curve at 106 miles an hour. >> reporter: testimony during the four and a half hour long hearing pivoted from the grizzly scene first responders came pneumonia to bostian's own flawless safe

more than 150 injured an accident, not crime so says a judge in the case against amtrak engineer brandon bostian. he was at the controls when the train careened off the tanks in port richmond more than two years ago. thank you for joining us at 11:00. i'm lucy noland. >>> fox 29's dave schratwieser is live at the 30th street station and the victims you've talk with are not pleased to say the least, dave. report roar lucy, one local victim we talked tonight said he was floored by the judge's decision to dismiss the charges against brandon bostian in that crash. tonight, he's speaking out on behalf of the victims. >> i'm disgusted by what happened today. >> reporter: amtrak 188 crash victim lenny nobs was more than disappointed tuesday night after judges toed out manslaughter charges against train engineer bostian important two years after the train crash left him with catastrophic injuries. >> i broke my back. broke seven ribs. broke my torn mcl, meniscus is my right knee. >> he's still in therapy. his pain got worse tuesday when a judge said the crash was more likely an accident new york not the

brandon bostian continued his long public silence letting his trial react. >> the charges that were brought should not have been brought. and a good judge made sure that justice was done. >> bostian was at the controls of amtrak 188 when it crashed in 2015. blair berman had a few words using his cell phone to call family and the state called first responders and a rail expert the contention was that the defense was negligent and pushing back findings that after being distracted by a rock attack on the nearby septa train it was possible that bostian lost situational awareness. but the judge says it was more likely an accident than a crime. >> brandon bostian is a good man and his heart breaks for the loss of life in this case and the tragedy that occurred but he is innocent. >> tom klein that represents many of the victims upset by the dismissal saying that eight people are dead. >> one man is aquadriplegic and others have life disabled injuries all because of what was done by one man, brandon box. patrick murphy was on the train. >> the judge said it was an absolute tragedy but an accident.

charging brandon bostian train 188 engineer with criminal negligence, charges that a municipal courtge now dismissed >> he's not going make statements >> may 12th, 2015, bostian suddenly propelled amtrak train 188 to 106 miles per hour in a set of curbs capable of handling speeds half of that. eight people were killed, dozens more gravely injured of >> disappointed would be an under statement. >> reporter: with blair berman an injured victim, attorney tom kline expressed about the incident. >> his only job was to get people from one point to the other. he didn't even need to steer >> brian mcmonagle spoke with gratitude. >> these charges should never have been brought. this was never a crime. it was an accident >> the ntsb had a determined eight loss of quote situational i withdrawn ness, what the attorney general's called junk science, they have the option to refile if they choose. >> get this, attorney tom kline told me almost of these civil suits have been settleded with amtrak, all but one which belongs to brandon bostian himself suing amtrak apparently for injuries he sustained

charging brandon bostian train 188 engineer with criminal negligence, charges that a municipal courtge now dismissed >> he's not going make statements >> may 12th, 2015, bostian suddenly propelled amtrak train 188 to 106 miles per hour in a set of curbs capable of handling speeds half of that. eight people were killed, dozens more gravely injured of >> disappointed would be an under statement. >> reporter: with blair berman an injured victim, attorney tom kline expressed about the incident. >> his only job was to get people from one point to the other. he didn't even need to steer >> brian mcmonagle spoke with gratitude. >> these charges should never have been brought. this was never a crime. it was an accident >> the ntsb had a determined eight loss of quote situational i withdrawn ness, what the attorney general's called junk science, they have the option to refile if they choose. >> get this, attorney tom kline told me almost of these civil suits have been settleded with amtrak, all but one which belongs to brandon bostian himself suing amtrak apparently for injuries he sustained

s office declined to press charges against brandon bostian following a federal investigation which determined in part that bostian had no drugs or alcohol in his system at the time of the crash, and he was not using his cell phone at the time of the derailment. when the philadelphia d.a. didn't file charges, a municipal judge ordered the decision reversed and charged bostian. as a result, the state attorney general's office got involved, and charges were filed. he's facing eight counts of involuntary manslaughter, one count of causing catastrophe and a charge of reckless endangerment. his lawyer says the judge should not have overruled the original decision by the d.a. not to file charges. and at 10:00 this morning, a judge will be hearing both sides of the argument to see whether or not the charges will continue to go forward. reporting live outside of the criminal justice center, pamela osborne, nbc10 news. >> thank you. >>> several parents in chester county say they may not send their child to school today because they fear for their safety. their concern is death threats and slurs posted

brandon bostian is a good man. his heart breaks for the loss of life in this case and tragedy that occurred. he's innocent of any criminal charges. >> bostian was behind the controls when the train derailed in port richmond in may of 2015. it was going 106 miles per hour on a 50 mile-per-hour curve. >>> 5:04. three people are dead from an apparent carbon monoxide poisoning at a florida home following hurricane irma. four other people pulled from the home in orlando are in the hospital this morning. meantime, president trump will visit florida tomorrow, but the white house did not give any specifics on where he'll be or what time he'll arrive. many people still can reach battered homes and businesses in the florida keys. the navy is deploying across the keys by air and sea. shipping in much-needed supplies. >> we can do a lot. we can provide about an extra 100,000 gallons of water per day. >> search and rescue teams are looking for the stranded or anyone in need. millions of floridians remain without power. utility o

brandon bostian is a good man. his heart breaks for the loss of life in this case and the tragedy that occurred. he's innocent of any criminal charges. >> bostian was behind the controls when that train derailed in port richmond in may of 2015. it was going 106 miles per hour on a 50 mile-per-hour curve. >>> the devastation caused by hurricane irma is testing people's patience and stamina throughout florida. here's the aerial view of the wreckage along the florida keys where 25% of the homes are destroyed. another 65% are damaged. crews will work today to repair the lone highway in and out of the key and to restore power. about ten million people across florida are still without electricity. that's about half that state's population. >>> now look at the devastation irma caused in jacksonville. you see so many homes destroyed there. much of the city still without power. some neighborhoods remain flooded. the mayor's praising first responders for saving lives. >>> the team from dover air force base is in florida to he

. >> state prosecuto prosecutors n voluntary manslaughter against against amtrak engineer brandon bostian alleging his actions while at the controls amount to do criminal conduct with deadly results. the judge's ruling brings that criminal case to an early and stunning end at least for now. bostian's attorney is cheering the decision. >> i think the judge concluded that this was a goodman who unfortunately was involved in tragedy and this accident occurred. there was no criminal intent. there was no crime. >> reporter: bostian accelerated amtrak 188 to 106 miles per hour entering it's sometimes dangerous frankford curve on the night of may 12t 12th, 2015. the train derailed killing eight people and injuring more than one hi 50 others. amtrak paid out more than a quarter billion dollars in civil judgments. but the philadelphia district attorney's office declined to file criminal charges. citing a lack of evidence. legal maneuvering by attorneys representing the family of a crash victim led to the state attorney general making the case. but it was never a slam dunk. federal crash investigat

the preliminary hearing for brandon bostian this morning. his attorney says it was wrong to file charges against him in the first place after a flurry of legal maneuvering. first the d.a. found there wasn't enough evidence to hold bostian accountable. then the d.a. referred the case to the attorney general's office. eight people died in the crash. 200 were hurt. >>> irma's down to a tropical depression, but the storm's impact is still being felt. this is what it was doing to jacksonville. the storm surge caused record flooding there. crews rescued at least 46 people from their swamped homes. cleanup will be long. it will be a long, slow process in the florida keys. the hardest hit area in the state. the keys are still cut off from the mainland by flooding and supplies are dwindling. more than six million people are without power in florida. it could be weeks before it's fully restored. this morning, florida airports are reopening for business. >>> a relief effort is underway now in the kwiphiladelphia area help the island of barbuda recover.

>> the manslaughter charges against amtrak engineer brandon bostian meant prosecutors believed his actions on that fateful night rose to the level of criminal recklessness. but the judge's ruling at least for now says otherwise. and bostian's attorney is cheering the decision. >> we're obviously elated. the judge today, um, confirmed witness district attorney' office had concluded a long time ago, that there's a big difference between negligence and a crime. big difference between an accident and a crime. >> reporter: bostian had accelerated amtrak train 188 to 106 miles per hour as he entered the frankford curve on the night of may 12th, 2015. the train derailed killing eight people and injuring more than a hundred 50 others. amtrak paid out big bucks in civil judgments but the philly district attorney's office declined to file criminal charges. citing a lack of evidence. legal maneuvering by attorneys representing the family of a crash victim led to the state attorney general filing charges. but the case was challenging from the start. federal crash investigators ruled bostian was not dr

meteorologist brandon bostian -- engineer brandon bostian had been charged with involuntary manslaughter and reckless endangerment. >> brandon bostian is a good man. his heart breaks for the loss of life and tragedy that occurred. but he's innocent of any criminal charges. >> bostian was behind the controls when the train derailed in port richmond in may of 2015. it was going 106 miles an hour on a 50 mile-per-hour curve. >>> meanwhile this morning, three people are dead from apparent carbon monoxide poisoning at a florida home following hurricane irma. >> rescue workers found a portable gas generator running inside the orlando home. at least a dozen people in central florida have gotten sick from bringing generators indoors to power their homes as crews work to restore electricity. meantime, president trump will visit florida tomorrow, though we don't know specifics yet. many people can't reach their battered homes and businesses in the florida keys with the main road still out, especially in the southern keys. >>> and the navy is deploying, delivery much-needed supplies by air and sea.

the state tried to build a case that brandon bostian be held criminally responsible for that crash butthe end, the judge agreed with the defense that what occurred was more likely an accident than a crime. the preliminary hearing in center city lasted four hours. in the end, the judge dismissed the case against brandon bostian without trial. >> these charges should have never been brought. this was never a crime. this was an accident. >> reporter: bostian faced involuntary manslaughter and reckless endangerment charges. back in may 2015 he had been at the controls of amtrak 188 when it crashed. the investigation showed bostian had been going 106 on a 50 miles per hour curve. 200 people were injured, eight people died. the national transportation safety board had previously concluded bostian had become distracted by an incident with a nearby septa train and lost situational awareness thinking he was on a different high speed portion of the track. earlier this year the district attorney's office had decided not to prosecute bostian but a judge overturned that decision and the case was re

a judge ruled yesterday, there's not enough evidence to warrant a criminal trial for brandon bostian. he was at the controls when the train derailed in 20-15 killing eight people, and injuring more than 100 others. bostian's attorney applauded the decision. right before the accident, the train accelerated to 106 miles per hour as it approached a curve. the investigation had no alcohol or drugs in his system, and was not using his cell phone. the n-t-s-b says he lost "situational awareness". a shocking announcement from seattle mayor ed murray. he resigning today.. amid multiple allegations of child sex abuse. the democrat denies the allegations. but he says they've become a distraction that threatens the city government's ability to serve its citizens. the most recent allegation came from his cousin, who's now 54. he says murray molested him in the 1970's when he was a teenager. city council president bruce harrell will replace murray for now. murray's resignation is effective at 5-pm today. happening today- former pharmaceuticals ceo martin shkreli is due in court. and depending on a

and that brandon bostian could not be held responsible. deral officials ruled that bostian ruled he became distracted in the train's cab and was facing several charges until today. patrick murphy was on board at the time. and "action news" spoke to him. >> it gives some of us a sense of closure but doesn't change the fact that eight people lost their lives on our train that night. and eight families will never be the same. >> john rawlins was in court today and will have more coming up tonight at 6:00. >>> we are following developing news out of baltimore tonight. in the past two hours, the u.s. department of justice says it will not bring federal charges against the six police officers involved in the arrest and death of freddie gray. gray's death touched off weeks of protest and unrest in baltimore after his neck was

the decision from a judge for brandon bostian the man at the control when amtrak train 188 careened offhe tracks in 2015. thanks for joining us tonight at 10:00. i'm iain page. >> i'm lucy noland. that crash killed eight people, injured more than 150 others. fox 29's dave schratwieser live at 30th street station, and the victims that you've talked with are not at all happy, dave. >> reporter: no, lucy, they're not happy at all the lawyer for bostian says he's elate the and relieved that the judge decided to dismiss this case. but the legal battle is far from over. tonight, one crash victim told us, he's disturbed by the judge's decision. >> i'm disgusted by what happened today. >> reporter: amtrak 188 crash victim lenny nobodies didn't try to hide his disappointment tuesday night after a judges toed out manslaughter charges against train engineer brandon bostian two years after the train crash left him with catastrophic injuries. >> i broke my back. broke seven ribs. broke my tib about lauer, torn my mcl, meniscus is my right knee. >> he's in therapy but his pain got worse tuesday when

we spoke with both side after the judge's decision. >> brandon bostian's only job was to get people fromne point to the other safely. he didn't even need to steer the train. >> these charges should have never been brought. this was never a crime. this was an accident. >> the case was initially dismissed by the philadelphia district attorney's office. then the pennsylvania attorney general picked it up hours before the statute of limitations was set to expire. >>> the ntsb had previously called bostian's error a quote , loss of situational awareness. >>> meantime there is a preliminary hearing this morning for brendon hey who surrendered to authorities last week in connection with the deadly hit/run. a woman whom police say was home less was killed when a white suv hit her near 13th and race streets in center city august 6th. that vehicle was later found in collindale delaware county. hey faces involuntary manslaughter and other charges >>> authorities in northampton county are investigating the death of a college freshman just two weeks in the fall semester. last night students held a vi

the ntsb says brandon bostian was distracted when they were talking about damage to a train. that night near his location. the agency found the distraction increased the train's speed to 106 miles per hour it entered the frankfurt curve. the speed limit there, 50 miles an hour. the ntsb says bostian lost situational awareness. a prosecutor for the office of the general called that finding, quote, junk science. saying bostian's job was to look out for the 200 on board the train and he's been trained to know the route and the area. in a hearing the defense picked apart prosecution arguments showing bostian himself was seriously hurt saying multiple times there was no evidence bostian intended to harm anyone in the crash. this was the first incident in an unblemished career. the defense showed photos of the backpack zipped up and contents. later the judge saw the backpack had been dumped out and the tablet inside was missing. it's never been found. a prosecution witness was a passenger on board the train. she says bostian told her where the train e derailed in the minutes after

brandon bostian arrived for the hearing and they rejected the defense team's request to dismiss the case. for the may 16 and crash that killed two people. "action news" reporter john rawlins will have the latest from a live report in the next half hour. >>> a fire tragedy is under investigation in delaware. family members say that a man died while trying to save his life from a burning home. >> wilmington fire officials are investigating the first fire fatality of the year this as family and friends come to terms with this unthinkable tragedy. a man went inside to save his wife of 30 years, not knowing she had already gotten out of the burning home. and now investigators trying to find the cause of a fire that consumed this home of west 37th street. trapping a man inside and seriously injured his wife. >> they banged on the door and i ran up the street. >> that man was georgina watson's stepfather, her mother's husband of more than 30 years. dennis watson bolted out of the home to what looked like a raging ball of fire and smoke. >> i was running up the street yelling where is my mom. an

brandon bostian was at the controls when that train jumped the tracks and killed eight people in philadelphia. the train derailed two years ago, when it accelerated to 106 miles per hour while entering a 50 mile-an-hour curve. in issuing his decision, the judge says he felt like the derailment was more likely an accident, than a criminal negligence. >>> upgraded charges tonight against the man accused of firing shots that ended up in a baseball field while young teens were playing. he now faces two felony charges for the incident at patriot high school on sunday. those charges, shooting a gun in a public place, and possession of a firearm by a felon. the-year-old says he heard a bullet whiz by his head. his mom says her son was just shooting at aluminum cans behind the house. she says her son is a nice man and attends college. >>> a woman is accused of keeping two kids in makeshift cages. melissa ness hopkins is facing charges of abuse and neglect. a social services worker says two of the defendant's kids were caged inside their cribs and o were living in squaller. conditions in the house wer

the judge said there is not enough evidence to allow the case against brandon bostian to continue. eight people died when the washington-to-new york train went off the tracks. federal investigators concluded bostian became distracted by a report that another train had been hit by a rock. >> the national transportation safety board has found driver error is to blame for a deadly crash which took place in may of 2016. investigators say a truck driver's failure to yield and a tesla driver's reliance on the the crash. the ntsb has been recommended that regulators and car makers take steps to ensure such auto pilot systems are not misused by the drivers. the driver of the tesla was killed in this crash. for us here at 6:00, slipping through the cracks. what happened moments after the loving proposal went sideways? >> just added more. michelle: and dozens of people's bank accounts cleaned out. one swipe that cost (vo) there's more to life than the climb. there's the view. you've got to stop... ...and look around a little. remember who you are. let the child inside you out to play. come..

though express outrage over a judge's recent decision to dismiss all criminal charges against brandon bostianbostian was at the controls when amtrak 188 derailed on a frankford curve. a philadelphia judge on tuesday rolled that state prosecutors did not present enough evidence to sustain criminal negligence charges and the case was dropped. the naacp leaders say the justice system unfairly allowed the white engineer to go free for an accident while a black contract was found criminally liable and convicted for another accident, the deadly salvation army collapse in 2013. >> griffin campbell could have died in that wall collapse but yet he was found with criminal charges against him, he was convicted and put in jail. this is a great injustice. it's justice working two different ways in one city calling it one justice system. >> griffin campbell is serving a 15 to 30 year sentence. the n a. acp, naacp is working to get him a new trial. toxicology reports showed benschop had painkillers and marijuana in his system at the time. benschop was sentenced to seven and a half to 15 years behind bars. >

there's a preliminary hearing for brandon bostian this morning. his attorneys say it was wrong to file charges against him in the first place. they say there's not enough evidence to hold him responsible. the d.a. was asked to file charges and referred the case to the state attorney general's office. 200 people were injured, eight people died. >>> 4:06. 62 degrees. philadelphia police say the murder of a father in front of his 2-year-old is a crime like they've never seen. this is the teenager accused of calling out what some call a touch of evil. marvin roberts was charged as an adult. he and his brother approached girard granville outside his house on thursday, took his wallet, demanded his car keys. it's believed when he whoonould hand over the keys because his daughter was in the car, roberts shot him twice in the head. >> it's one of the most horrific things i've seen on 24 years in the police department. very hard to watch. >> police used septa security video to identify roberts and his brother. sources tell nbc10 the pair could be heard lau

brandon bostian's lawyers want the claim dismissal. they claim the unusual circumstances of his arrest violated bostian's due process rights. that's because the philadelphia district attorney had originally declined to file charges but then a judge ordered the case to move forward when one of the victim's families filed a criminal complaint. bostian faces eight counts officer involuntary murder. eight people were killed and 200 more were injured. >> funeral services will be held this morning for villanova coaching legend rollie massimino. the mass takes place at saint thomas of villanova church on campus. friends and family attended a viewing there last night. massimino lost his battle with cancer last month at the age of 82. he won more than 800 games throughout his long basketball career and led the wildcats to that improbable ncaa championship in 1985. >> time now to turn to dave murphy. yesterday was nice and today sounds like it will be a little warmer. >> yeah, a little warmer, just a tad and a little cloudier, too, but we don't

investigators say, bostian, brandon bostian, lost his bearings because district dollars by incident withuing amtrak, claiming the railroad did not provide proper safety measures the night of the crash. >> okay, so, you make a work of art. you want it to be seen by a lot of people. well, goodness gracious, they install it over across from city hall. and makes the front page of the philadelphia inquirer. right there. >> it is not the frank rizzo statue, that's been around therefore a long, long time. >> what's behind it, yes, off, facing it to the right. >> that's a pick. >> and it is timing. people are talking about it, because this is the time when we're debating still whether that statue of former philadelphia mayor, frank rizzo, should be removed, well, now the mural arts program of philadelphia, they decide to put this latest sculpture near the frank rizzo statue and they say, they want to counter balance that statu statue. >> and create buzz on social media big time. >> reporter: out here there is a lot of foot traffic here. this is very popular bus stop. a lot of people walking by,

prosecution against engineer brandon bostian, who derailed an amtrak train two years ago in philadelphianded in stunning fashion today when a judge ruled there was not enough evidence to warrant a criminal trial.(grant) eight people were killed and over 2-hundred injured. reporter joe holden has the details... (grant) (grant) it was a big day for apple fans... as the company introduced a whole new line up of products... (vicki) and the most anticipated is the thousand dollar high end i=phone ten apple...(grant) but the silicon valley company also showed off new cheaper i=phones, a new apple watch, a new apple tv, and an entirely new type of gadget.. kron 4's tech reporter gabe slate gives us a closer look (brittney weather tease)(gary sports tease) these are 100% beef burgers that are 100% from denny's. they are 100% made-to-order, which is 100% awesome. 100% beef burgers with fries from denny's. order now at dennys.com. [fbi agent] you're a brave man, your testimony will save lives. mr. stevens? this is your new name. this is your new house. and a perfectly inconspicuous suv. you must b

developments in the deadly 2015 amtrak crash in philadelphia a judge dismissing criminal charges against brandon bostian the engineer of the train. the judge said there is not enough evidence to allow the case. eight people died when the washington to new york train went off the tracks. federal investigators concluded bostian became distracted. >> last year's deadly crash involving a self-driving tesla vehicle is the fault of the driver. the national transportation safety board says the driver of the tesla was over reliant on the car's system and they also blame the driver of the truck the car crashed into for making a left turn in front of that car. the crash was the first known fatal collision involving a self-driving car. larry: those new findings come as the government announced new guidelines for self-driving vehicles and auto makers are asked to follow a 12-point voluntary assessment instead of the 15-point assessment issued by the obama administrat consider ethical or privacy issues. also included in the guidelines now the federal government determines whether self-driving cars are safe, taking t

brandon bostian continued his lo

brandon bostian was driving from the train to new york when it derailed to philadelphia after accelerating6 miles an hour in 50 mile app hour cu curve. bostian's lawyers want to dismiss this kas. he could face involve tarry manslaughter and reckless endangerment charges. >> stop and look at this this sin credible video from connecticut. a small plane -- crashing yesterday you see that plane wobbling low and then slam into a tree. and crashing to the ground. amazingly the 7 pilot only had minor, minor injuries from that. no word yet on what caused the plane to go down. >> serious guarden angel looking over him. >> wow. >> almost seeing the invisible wings of the angel there. >> turning to monday night football. charges trail the entire game and then poupted a come back in the fourth quarter. but they only managed two touchdowns. broncos holding on to get the win. 24-21 and that my friends final score atleeingt was exciting game. >> monday night. >> i was sleeping. >> me too. >> senator ted cruz is tr trending on social media because he hit the like button on interesting post. >> the tease i

. >> two days after a judges toed out the criminal case against amtrak engineer brandon bostian in the port richmond the naacp is now speaking out. members are outraged that bostian who is white will not face any charges in the crash that killed eight people and hurt more than 150 others. the naacp says it is unfair that he gets to walk free while the contractor died to the deadly salvation army store collapse was sentenced to 15 to 30 years in prison. in january of last year, jury found griffin campbell who is black criminally reckless. now prosecutors said campbell control the work site and had heard several warnings from co-workers, arcs and the salvation army. >> this is a great injustice. it's justice working two different ways in one city calling it one justice system. it's inn intolerable, it's unacceptable the naacp is fighting for griffin campbell to good get a new trial. >> judge in bostian case says nothing points to anything criminal. >> the federa. >> a warning ftk scammers are calling pretend to be from exequy fax and asking to verify your account information but the comp

. >> two days after the judge crossed out the criminal case against amtrak engineer brandon bostian the naacp is speaking out. it says outraged that bostian who's white will not face any charges in the crash that killed eight people and hurt more than 150 others. the naacp thinks unfair that he gets to walk free while the contractor tied to the deadly sal vague army store collapse got 15 to 30 years in prison. now in january of last year, a jury found griffin campbell who's black criminally reckless. prosecutors said campbell controlled the work site and was given several warnings by co-workers. arcs and salvation army arcs as well. >> this a great injustice. it's justice working two different ways in one city calling it one justice system. it's intolerable much it's unacceptable. the naacp is fight fog griffin campbell to get a new trial. >> all right. judge in bostian's case says no evidence points to anything criminal in the tragic train derailment. >>> news from the white house now. a potential deal between the president and top congressional democrats to save the daca program could

brandon bostian, they say he accelerated to 115 miles per hour in that deadly vooift 50-mile-per-houring joe." starts right now. >> reporter: we're down here at east battery, the scene is incredible. we have people walking along the wall. it is one of the dumbest things you can be doing right now t. water has been coming over the past couple of hours, it's only becoming worse by the minute. from the state of florida and been through a few hurricanes. i was not expecting this today as we continue to stay out here t. water will come into downtown charleston. if i can have my photographer show you right here. it's leak the ocean has come intoion town charleston. this is incredible. there is not a way to drive through this area. >> good morning, it is tuesday, september 12th. >> is that lewis walking up there? >> no ah, lewis. welcome to "morning joe." across the entire

the decision came late this afternoon during a preliminary hearing for brandon bostian. based on the evidence offered by prosecutors, the crash was more likely an accident than criminal negligence. the washington to new york train tumbled off the tracks in may of 2015. eight people were killed, 200 were injured. the train hit a curve going twice the speed limit. federal safety investigators concluded he was distracted an incident with another nearby train. >> it's a story you've probably seen online today. ted cruz explains why a lewd video was liked by his twitter account. sort of. >> we are keeping a close eye on hurricane jose. it is swirling over the atlantic right now. doug will be back with where we can expect it to go and whether it could impact our forecast. >> and we are celebrating the life of jim vance. if you missed today's service, don't worry, we put together some of the favorite tributes of ours first at 4. ♪ ♪ wheat >>> today we celebrated the life d long-time colleague jim vance. as many of you know, vance died in july after a short battle with cancer. h

days after a judge tossed out that criminal case very high profile against the amtrak engineer brandon bostian in the deadly crash that happened in port richmond the naacp said bostian is not facing any charges and they are angry. they said that crash that killed eight people and more than 150 others. the reason why they say it is unfair he gets to walk free while the contractor tied to the deadly salvation army store collapse was sentenced to 15 to 30 years in prison. in january of last year, jury found griffin campbell, who was black, criminally reckless prosecutors said that he controlled work site and heard from several warnings from co-workers, architects and salvation army. >> this is a great injustice, it is justice working two different ways in one city calling it one justice system. it is intolerable, it is unacceptable, the naacp is trying for griffin campbell to get a new trial. >> the judge in bostian's case no evidence points to anything criminal had happened in this tragic train derailment. >>> the federal train commission is now investigating that equifax, breach after we learn

outrage, over a judge 's recent decision to dismiss all criminal charges against amtrak engineer brandon bostian. bostian was at controls when amtrak train 188, derailed, on frankford curve in 2015. eight people died, and hundreds more were hurt. philadelphia judge on tuesday prosecutors did not present enough evidence against bostian to sustain criminal negligence charges, and dropped the case. naacp leaders say the justice system unfairly allowed the whitening near to go, free for an accident, while a black contractor was found criminal ly liable, and convicted for another accident , the deadly salvation army collapse in 2013. >> griffin campbell could have died in that wall collapse but yet he was found with criminal charges against him, he was convicted and put in jail. this is a great injustice, and it is justice working, two different ways, in one city, calling it one justice system. >> griffin campbell is serving a 15 to 30 year sentence, naacp is working toward getting him a new trial. excavate or sean benschop pleaded guilty to involuntary manslaughter for his role in the collapse. toxi

brandon bostian's lawyers want the case dismissed.al circumstances of his arrest violated bostian's due process rights. the philadelphia district attorney declined to file charges, however, a judge then ordered the case to move forward when one of the victim's families filed a criminal complaint. bostian faces eight counts of involuntary manslaughter for the 2015 disaster in port richmond. eight people were killed and about 200 more were injured. >> funeral services will be held this morning for villanova coaching legend rollie massimino. the mass takes place at saint thomas of villanova church on campus. massimino lost his battle with cancer last month at the age of 82. he won more than 800 games throughout his long basketball career a the wildcats to that ncaa championship in 1985. >> turning no you now to dave murphy. >> starting out cool but not as bad as yesterday. we are dry locally on the other side of baltimore there are some light showers. those are trying to make it here but they're going to fall apart before they succeed. a