Com. v. Bostian, B., 232 A.3d 898

On May 12, 2015 Amtrak Train 188 derailed at the Frankford Curve (Philadelphia), killing eight passengers and injuring many others. Appellee Brandon W.W. Bostian was the sole engineer.
The OAG charged Bostian with causing catastrophe, eight counts of involuntary manslaughter, and 246 counts of recklessly endangering another person (REAP) after the Philadelphia DA recused.
At the municipal preliminary hearing the Commonwealth introduced event‑recorder data and witness testimony showing Bostian accelerated after Clearfield Curve to ~106 mph (80‑mph zone) and only slowed to ~104 mph entering the Frankford Curve (50‑mph zone); Amtrak training records established Bostian’s route knowledge and certification.
Municipal Court dismissed for lack of a prima facie case (judge viewed evidence as likely accidental). A different municipal judge later reversed and held the charges for court; after reassignment a third judge granted Bostian’s habeas petition and dismissed all charges, finding insufficient evidence of recklessness.
The Commonwealth appealed. The Superior Court held the second judge violated the coordinate‑jurisdiction rule by overruling a prior judge without exceptional circumstances and concluded the Commonwealth had presented prima facie evidence of recklessness; the dismissal was reversed and the case remanded.

Issue	Commonwealth's Argument	Bostian's Argument	Held
Whether the trial court violated the coordinate‑jurisdiction rule by revisiting a prior municipal judge’s finding that a prima facie case existed	The trial court (Judge Lewis) had properly held charges for court; the later judge (McDermott) improperly overruled that holding absent exceptional circumstances	McDermott relied on the clearly erroneous exception to overturn Judge Lewis because the evidence was insufficient to establish recklessness	Court held McDermott violated the coordinate‑jurisdiction rule; Judge Lewis’s holding was not clearly erroneous or manifestly unjust, so the dismissal was improper
Whether the Commonwealth presented prima facie evidence of recklessness (mens rea) to support causing catastrophe, involuntary manslaughter, and REAP	Evidence (event recorder, speed profile, expert testimony, Bostian’s training/route knowledge, passenger statements) established a prima facie case that Bostian consciously disregarded a substantial risk by operating at ~104–106 mph entering a 50‑mph S‑curve	The speed and circumstances could reflect noncriminal accident or loss of situational awareness (defense: distraction by nearby SEPTA incident); Commonwealth’s proof was speculative at best	Court held that, viewed in the light most favorable to the Commonwealth, the evidence sufficed to establish a prima facie case of recklessness and that weighing/credibility issues were improper at the preliminary stage

Zane v. Friends Hospital, 836 A.2d 25 (Pa. 2003) (describing law‑of‑the‑case and the coordinate‑jurisdiction rule and its exceptions)
DiGregorio v. Keystone Health Plan E., 840 A.2d 361 (Pa. Super. 2003) (explaining the "clearly erroneous"/manifest injustice exception to coordinate‑jurisdiction rule)
Commonwealth v. Huggins, 836 A.2d 862 (Pa. 2003) (discussing when loss of consciousness or falling asleep can raise jury question of recklessness)
Commonwealth v. Karner, 193 A.3d 986 (Pa. Super. 2018) (holding ordinary speeding insufficient, by itself, to prove criminal recklessness at preliminary stage)
Commonwealth v. Wyatt, 203 A.3d 1115 (Pa. Super. 2019) (requiring more than speculation to show recklessness in vehicle collision cases)
Commonwealth v. Marti, 779 A.2d 1177 (Pa. Super. 2011) (prima facie standard at preliminary hearings: evidence read in light most favorable to Commonwealth)