This all comes less than 24 hours after Bottalico and his union, the Association of Commuter Rail Employees, were kicked off the investigation by the NTSB.
The shocking development came after Bottalico on Tuesday said that Rockefeller “basically nodded” while at the controls shortly before the 82 mph crash.
The admission by the union was shocking for Justin Green, an attorney that specializes in transportation accidents, “The union almost always comes out and says ‘let’s not jump to judgement.’ Let’s let all the facts out before we try to blame it on the driver who is our member.”
However in this case, the union said that Rockefeller appeared to have dozed, thus putting the rail engineer in the crosshairs.
However, the deadly derailment follows the theme that Green says is involved in nearly every accident, “A man and machine interface. It’s how the man and machine work together for safety.”
Prior to Sunday, Rockefeller had a spotless record with the MTA. At his home in Germantown on Tuesday there was a sign promoting motorcycle rider safety in a car port.
Regardless of his concern for safety, Rockefeller was at the helm as death came barreling down Hudson line railroad ties at more than 50 mph of what the curve is to be managed at Spuyten Duyvil.
Investigators from the Bronx District Attorney’s office have been on the scene since Sunday working closely with all agencies involved.
However Green, whose firm Kreidler and Kreidler is one of the premier firms nationwide specializing in accidents of this magnitude, says that a criminal conviction is unlikely if Rockefeller is only guilty of is falling asleep at the controls, “I don’t see a criminal case succeeding against him assuming he doesn’t have any drugs in his system and assuming he didn’t violate any of the rules that are required for an engineer under the MTA.”
When Green was asked if Rockefeller can work again? “That is a very good question. I don’t think so,” adding seconds later, “My guess is he never works again as an engineer and probably not for the MTA going forward.”
Green emphasized this is the case even if all of Rockefeller’s toxicology results comes back clean.
It’s important to note that the Staten Island ferry accident that killed 11 in 2003 and the Bronx casino bus crash that resulted in 15 deaths in 2011 produced little or no jail time for the men at the controls. Both of whom told investigators they had fallen asleep.
As to whether or not the union is still working with Rockefeller?
“We still represent him today, nothing has changed with our relationship,” said Bottalico who also indicated that Rockefeller has not lawyered up with private counsel. Currently it is the union who is supplying him with legal representation.