AUSTIN -- Austin police have wrapped up their investigation into a fatal Capital Metro train accident.
On April 30, investigators say 32-year-old Jeremy Barta and his two sons were parked on the tracks in a private rail crossing when a Metro Rail came toward them. Barta died, and his sons were seriously injured.
The police report says the engineer hesitated before applying his breaks. Detectives don't know how long the engineer waited before hitting the brakes, but according to the report, Barta was on the tracks for several seconds, and the engineer thought the car would eventually move out of the way. When the car did not move, the engineer told police he sounded the bell and began emergency braking.
We were not at fault in this terrible accident, said Erica Macioge withCapital Metro.
The engineer says Barta was looking straight forward ahead.He wasn't sure if the car's wheels were spinning or were stuck.
What was not recovered was the surveillance video on board our Metro Rail train. It had malfunctioned. We were not able to recover any video from that incident, saidMacioge.
The 134-foot-long train was going 40 miles per hour before braking and took 10 seconds to come to a stop. Investigators say at that speed, the train may have been 100 feet from Barta's car before the engineer hit the brakes. Barta could have had time to reverse, unless he was stuck.
I predicted someone would die.I never thought it'd be somebody I know, said neighbor Scott Eason.
Neighbors complained for years about the crossing and how difficult it is to get over the tracks. Now the crossing has been paved, and Cap Metro will add a flashing light. It's a project that will cost nearly one million dollars, paling in comparison to the price one family has paid after such a tragic accident.
The investigation is complete.The engineer is still employed and will not face charges. Austin police call the incident an accident. The Barta family says the two young boys are back in school and seeing counselors on a regular basis.
