Over a 12 months and one federal investigation after the Green Line collision that injured 27 riders in 2021, the prepare’s operator stood on trial in Brighton District Court for his allegedly negligent position within the crash.
“This was a bad accident,” mentioned protection legal professional Matthew Peterson in his opening argument. “People were hurt. People were scared. Rightfully so. We all rely on the T to get us around safely. But it was an accident. Sometimes an accident is just an accident.”
Train operator Owen Turner, 51, was charged with gross negligence of an individual in charge of a prepare and gross negligence of an individual having care of a typical provider in September 2021.
On July 30, 2021, Turner was working a Green Line trolley on the B Branch between the Park Street and Boston College stops. After leaving the St. Paul Street station round 6 p.m., Turner’s trolley rear-ended one other prepare at a excessive price of pace, sending 27 individuals to the hospital.
A National Transportation Safety Board investigation launched final week revealed the trolley Turner was working accelerated as much as 33 mph in a ten mph pace restrict zone and the operator didn’t apply the brakes earlier than colliding with the opposite automotive.
The report concluded the accident was brought about as a result of Turner was “not engaged in his duties” and speculated the motive force turned “momentarily unaware of his situation.”
The protection’s case identified proof exhibits Turner didn’t have alcohol or medication in his system and was not utilizing his cellphone. Witnesses additionally famous his regular habits that day and cooperation with the investigation, Peterson highlighted.
The unexplained momentary blackout alone, Peterson steered, doesn’t represent gross negligence.
“Mr. Turner neglected his duties as a motor person and instead disregarded certain safety protocols in regards to staying too close to other trolleys and consequently crashed his train into another,” ADA Daniel Addady contended.
The commonwealth’s case used a number of different prepare operators to explain security coaching and protocols and their recollection of the accident.
“There was a loud bang,” mentioned prepare operator Takisha King when requested to explain the incident. “Passengers screaming. Passengers displaced. Very bloody.”
A detective additionally testified to a few inconsistencies in his statements after the collision, together with whether or not he fell asleep on the wheel — Turner ultimately mentioned he “believed” he’d fallen asleep — and got here to a cease at a previous intersection.
Turner has additionally had eight recorded disciplinary actions, together with two accidents through which a trolley hit a automobile and two stories of dashing, in line with the federal report. This historical past was not talked about on the trial.
Defense introduced forth a physician to explain the various causes somebody can lose consciousness, and a passenger on the prepare that day who famous an “alert and composed” Turner serving to riders after the crash.
The case will proceed Wednesday morning with closing arguments.
Source: www.bostonherald.com”