LINCOLN, Neb. — An 18-year-old accused of derailing a BNSF train last April will be tried as an adult after a Nebraska court turned down his appeal of the decision to move his case out of juvenile court.
KLKN-TV reports juvenile court Judge Roger Heideman ruled last August that Zachary Hertzler, 18, should be charged as an adult because the April 22 incident in Bennet, Neb., could have been a “catastrophic event.” Hertzler was 17 at the time of the derailment, and Heideman said his age was also a factor, since juvenile court authority will end when he is 19.
The appeals court upheld that decision after Hertzler’s attorneys appealed, citing his clean record.
Two locomotives and five cars of a loaded coal train struck an empty railcar and derailed, causing an estimated $350,000 in damage [see “BNSF police believe teen intentionally caused …,” Trains News Wire, July 22, 2024]. Court documents, which say Hertzler is a self-proclaimed rail enthusiast, charge he threw a switch to cause the derailment, recorded video of the incident on his cellphone, and posted it on YouTube.
I am rather confident that actual “rail enthusiasts” do not derail trains, for video, or any other, purposes.
Im pretty sure a good chunk of us who would’ve seen a clearly misaligned switch like that would’ve called the railroad if it could be helped. Or..ironically..filmed the resulting crash BUT doing so in order to have documentation for the police.