The order follows the Philadelphia district attorney's office announcement Tuesday that it would not file charges against Bostian, citing insufficient evidence.
The charges against Bostian, 34, of Forest Hills, New York, include Causing or Risking Catastrophe, Involuntary Manslaughter, Recklessly and Endangering Another Person. Bostian likely was distracted by reports that someone had thrown rocks at a nearby SEPTA train and became disoriented about where he was, the NTSB said. Bostian told investigators he couldn't remember the moments leading up to the crash.
Neifield on Thursday ordered charges of involuntary manslaughter and reckless endangerment to be filed against Bostian, two days after the Philadelphia district attorney's office said it couldn't prove Bostian acted with "conscious disregard" when he accelerated the train to 106 miles per hour on a 50 miles per hour curve.
On May 12, 2015 Amtrak train 188 travelling from Washington, DC to New York City derailed on the outskirts of Philadelphia.
Judge Marsha Neifield ordered prosecutors to charge Brandon Bostian with involuntary manslaughter and reckless endangerment after meeting with lawyers for the families of some of the deceased.
Prosecutors said they were in talks with engineer Brandon Bostian's attorney to have him surrender on the charges.
The Amtrak complaint involves only the death of NY executive Rachel Jacobs, 39, who left behind a husband and 2-year-old son.
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However, the Philadelphia's district attorney's office determined that the evidence did not rise to the necessary level needed to charge the engineer or anyone else with a crime.
Sprague sought the order along with plaintiffs' lawyers Kline and Robert Mongeluzzi, who represent dozens of victims in lawsuits against Amtrak. A Naval Academy midshipman and a man from Howard County were among the dead.
Amtrak has taken responsibility for the crash and agreed to pay $265 million to settle claims filed by victims and their families.
Today marks the two-year anniversary of the crash.
Since the derailment, Amtrak has installed automatic-braking technology known as positive train control, which was not installed at the time of the incident.
"The evidence indicates that the derailment was caused by the engineer operating the train far in excess of the speed limit", the DA's office had said in an unsigned statement.
On Wednesday, the family of 39-year-old Rachel Jacobs, who was killed in the crash, filled out a private citizen criminal complaint, which the DA's office again declined. A judge ruled Bostian should be charged and the case was referred to Shapiro's office.
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