Although NTSB findings and conclusions are not admissible in court (at least not directly); the police are carrying out a parallel investigation, which IS admissible. And all raw evidence developed by the NTSB is routinely and freely shared in full cooperation with all police agencies involved.

If the report is actually true, that he entered after the signals started and did have time and space enough to stop when they activated; then we have a very serious felony here. While there can be reasonable doubt raised about a driver's intent, and perhaps an erroneous judgment call causing him to un-willfully get trapped on the crossing; entering a grade crossing after the bells and lights are activated (with sufficient time to stop) would generally be considered a willful act - hence "Willful Negligence" and in this particular case, "Willful Negligent Homicide".

It looks like someone here is going to go to prison on multiple counts - not unlike "Ricky Gates" of the Gun Powder River crash, that killed 16 people and maimed another 40. I wonder if they will now start making truck drivers get a federal license to do their jobs, as well. And did he "Have To" pee in a bottle in this case?

In any event, his legal troubles are just beginning, and will be GI-normous for years to come. Even though he may deserve it in some people's view, I still would not want to be in his shoes. I would not want to face such a legal mess, that could cost me my freedom. Nor would I want to endure the guilt that will naturally result from this - willful or not, prison or not.

What's more - after a 40 year railway engineering career, and dozens of accident investigations under my belt, I am acutely aware; that it really IS easier than most people think, for any one of us to make similar negligent mistakes and land in the same boat!

This should be a wake up call to all drivers

OPB