"I firmly believe that the overwhelming evidence of Brandon Bostian operating a train at 106 miles per hour in a 50 miles per hour zone, around a curve, consciously accelerating and then consciously decelerating, while having responsibility for the safety of 248 people meets the standard of reckless endangerment".
Prosecutors said Friday they have been in talks with Bostian's attorney to have him surrender and be arraigned on the charges.
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.
The order came two days after prosecutors announced they would not bring criminal charges against Bostian.
The chain of events leading to Shapiro's announcement, contained in a short statement, began Thursday, when Municipal Court President Judge Marsha Neifield effectively overturned a decision by the Philadelphia District Attorney's Office not to prosecute Brandon Bostian.
Lawyer Thomas R. Kline, who had sought the private complaint on the Jacobs family's behalf, said the charges wouldn't have happened "had a courageous family, the Jacobs family, not stood up against the decision of a local prosecutor not to press charges".
Under state law, Friday marks the two-year deadline to charge Bostian in the May 12, 2015, crash, which killed eight people and injured more than 180.
"The National Transportation Safety Board concluded in August 2016 that Bostian likely caused the derailment, which occurred as the engineer accelerated into a curve rather than braking".
Last year, the NTSB released its investigation into the crash and ruled Bostian was partially at fault, though he was not found to be sleepy, operating his cell phone or under the influence of any drugs or alcohol. However, the NTSB concluded that nothing struck his locomotive. Bostian was an experienced engineer.
Pennsylvania Attorney General Josh Shapiro said charges were filed against Brandon Bostian, the engineer, or driver, of the Amtrak 188 train involved in the deadly May 12, 2015 incident. 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.
In regard to potential reckless endangerment charges, the office said it did not find "evidence sufficient to prove beyond a reasonable doubt that the engineer "consciously" disregarded the risk", as is required by Pennsylvania law.
"The victims of the 188 crash can now believe that justice is back", Mongeluzzi said.
The family of a NY woman who was killed sought the criminal complaint after city prosecutors declined to press charges.
"The attorney general tonight should be commended and congratulated for doing the right thing", attorney Tom Kline, one of three lawyers representing the derailment victims said of the charges.
Amtrak has taken responsibility for the crash and agreed to pay $265 million to settle related claims.