The driver of an RTD train will not face charges for a January derailment that injured nine passengers, including a woman who was ejected from the train and whose leg was severed.
Aurora police investigated the operator, Jeremiah Hartzell, and recommended he face nine assault charges. However, prosecutors in the 18th Judicial District declined to file any charges, according to a letter released Friday by the district attorney’s office.
There was not enough evidence to prove Hartzell acted recklessly, and state law excludes train operators from many driving offenses, according to the letter. No law specifically addresses light rail drivers.
The R-Line train derailed during a snowstorm on Jan. 28 because it was traveling too fast as it approached a curve at East Exposition Avenue and South Sable Boulevard in Aurora, RTD has previously said.
RTD fired Hartzell and said speed was a “primary factor” in the crash.
Brian Sugioka, chief deputy district attorney for the 18th Judicial District, agreed with that finding.
“From all of the available evidence, it appears this incident was caused by Mr. Hartzell accelerating the train to a higher than normal speed after leaving the Metro station, and subsequently not reducing the train’s speed sufficiently prior to the curve,” Sugioka wrote in his letter.
But the prosecutor’s analysis found that the evidence did not constitute a crime because “no state criminal statute directly addresses and punishes Hartzell’s conduct.”
No evidence showed that Hartzell was intoxicated or high while he was driving. And no evidence proved that Sugioka intended to derail the train or acted with “extreme indifference” or “recklessness,” as defined by the courts.
“Rather, the evidence supports a conclusion that due to inattention or misjudgment, Hartzell failed to recognize that he had accelerated to too high a speed and failed to brake sufficiently in advance of the curve,” Sugioka wrote.
The prosecutor also considered other charges, but found that there were no Colorado laws that applied to the situation, in part because trains and their drivers are excluded from many criminal statutes. A train is not considered a vehicle under state law, which means that train operators can’t be charged under driving statutes that cover cars, trucks and bicycles.
There is no state law that is specific to operators of light rail trains, Sugioka found.
“Therefore, no criminal charges ethically can be filed by our office against Mr. Hartzell in connection with this incident,” Sugioka wrote.
The woman who lost her leg in the derailment — identified by her initials in the letter — was informed about the decision.
The derailment caused the train’s doors to open and the woman was flung onto the street. A piece of equipment meant to clear debris from the tracks behind the train dragged along the street due to the train’s tilt and cut off her leg.
No lawsuits have been filed against RTD in connection to the derailment, spokeswoman Laurie Huff said.
“We respect the decision that was made by the Arapahoe County DA’s office,” she said.
The public transit system has been reviewing its policies about speed and refreshing operators’ training, Huff said.
“We’re doing anything we can to prevent anything like this from happening again,” she said.
