Spain train driver charged with negligent homicide

The driver of a Spanish train that derailed at high speed killing 79 people has been provisionally charged with multiple cases of negligent homicide.

A court statement issued today said investigative judged Luis Alaez released Francisco Jose Garzon Amo without bail.

The statement says Garzon must appear before court once a week and is forbidden to leave Spain without permission.

The 52-year-old said minutes after the crash last week that he had been going fast and couldn't brake, a local resident who rushed to the scene of the accident said in an interview broadcast at the weekend.

The resident, Evaristo Iglesias, said he and another person accompanied the blood-soaked Garzon to flat ground where other injured people were being laid out, waiting for emergency services to arrive.

"He told us that he wanted to die," Iglesias told Antena 3 television. "He said he had needed to brake but couldn't," Iglesias said. He added that Garzon said "he had been going fast."

The train carrying 218 passenger in eight cars hurtled far over the 80-kph speed limit into a high-risk curve on Thursday, tumbling off the tracks and slamming into a concrete wall, with some of the cars catching fire. The Spanish rail agency has said the brakes should have been applied four kilometres before the train hit the curve.

On Sunday, Garzon was moved from the police station in the northwestern Spanish town of Santiago de Compostela, near where the accident occurred, to its courthouse just as the deadline of his 72 hours of detention was to expire.

Luis Alaez, the investigative judge, was to question the driver in private and was not expected to comment about it afterward. The judge also was to have access to the information contained in the train's "black box," which is similar to those found on aircraft, officials said.

Investigators must determine if Garzon failed to apply the brakes or whether it was a technical failure.

Previously Garzon had exercised his right to remain silent when police tried to interview him, officials said. Spain's state-run train company has described him as an experience driver who knew the route well.

In its report about the accident, Antena 3 television showed a photograph of Iglesias in a pink shirt and cap helping to carry the driver after the train accident. The station also aired television footage of Iglesias working beside the wrecked train to help other survivors.

In the interview, Iglesias recalled Garzon's words, "'I don't want to see this, I want to die,' that's what he said repeatedly," said Iglesias. "'I had to brake down to 80 and couldn't,"' Iglesias quoted the driver as saying.

On Sunday the death toll from the train derailment rose to 79 after an injured passenger died in a hospital, a spokeswoman from the regional government of Galicia told The Associated Press.

A spokeswoman at the University Hospital complex in Santiago de Compostela confirmed the fatality of the unidentified victim.

Spanish national broadcaster RTVE said the person was an American woman but didn't provide her name. The US Embassy said that it would not comment until it could confirm what happened and communicate with the family of the victim.

Officials said 70 people injured in the train accident remained hospitalized on Sunday, 22 in critical condition.

Iglesias was among survivors and witnesses who began to give evidence to police on Sunday.

Meanwhile, authorities said forensic experts have identified the last three bodies among the 79 dead.

Victims have been reported from France, Algeria, Brazil, the Dominican Republic, France, Italy, Mexico and the United States, but officials have not publicly identified each victim or his or her nationality.

Mourning continued throughout Spain, with Sunday church services being held in remembrance of the dead. A large funeral mass is planned for Monday afternoon in Santiago de Compostela, and the prime minister and royal family are expected to attend.

The crash has cast a pall over the town, a Catholic pilgrimage site. Santiago officials had been preparing for the religious feast of St. James of Compostela, Spain's patron saint, but canceled it after the crash and turned a local sporting arena into a morgue.

- AP

- Daily Telegraph UK

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