. >> reporter: with blair berman an injured victim, attorney tom kline expressed about the incident. >> his only job was to get people from one point to the other. he didn't even need to steer >> brian mcmonagle spoke with gratitude. >> these charges should never have been brought. this was never a crime. it was an accident >> the ntsb had a determined eight loss of quote situational i withdrawn ness, what the attorney general's called junk science, they have the option to refile if they choose. >> get this, attorney tom kline told me almost of these civil suits have been settleded with amtrak, all but one which belongs to brandon bostian himself suing amtrak apparently for injuries he sustained in that crash. reporting from 30th street station, alexandria hoff cbs3. >> thank you. >> now to the long road ahead faced by florida after irma. we learned 12 people were killed by the severe storm in florida. that's up from seven. in the u.s. and the caribbean, irma killed 55 people. tonight, almost half of florida is without power and utility crews are work over time. president trump will

. >> reporter: with blair berman an injured victim, attorney tom kline expressed about the incident. >> his only job was to get people from one point to the other. he didn't even need to steer >> brian mcmonagle spoke with gratitude. >> these charges should never have been brought. this was never a crime. it was an accident >> the ntsb had a determined eight loss of quote situational i withdrawn ness, what the attorney general's called junk science, they have the option to refile if they choose. >> get this, attorney tom kline told me almost of these civil suits have been settleded with amtrak, all but one which belongs to brandon bostian himself suing amtrak apparently for injuries he sustained in that crash. reporting from 30th street station, alexandria hoff cbs3. >> thank you. >> now to the long road ahead faced by florida after irma. we learned 12 people were killed by the severe storm in florida. that's up from seven. in the u.s. and the caribbean, irma killed 55 people. tonight, almost half of florida is without power and utility crews are work over time. president trump will

. >> now attorney tom kline points out that presently the only legal action in play right now is a lawsuit bostian himself brought against amtrak. bostian alleges they fail today provide a safe work environment when the train was hit by a projectile minutes before the crash. >> a pedestrian hit by a driver tonight at 8:00. he is being treated at christiana hospital. state troopers don't have a reliable description of the striking vehicle and ask witnesses to come forward. >> it was a somber gathering at lafayette college as students came together to honor a classmate. mccrea williams suffered a head injury sunday afternoon and died in the hospital yesterday. police are investigating if alcohol was a factor in the freshman's death. >> falls township police have the man they say fired ten shots at an office complex in no, no norrisville. annie, tense moments today. >> jim, that's right. gunshots rang out in the neighborhood. look behind me, those are the holes left behind bichotte gun slugs hitting the building. kids were outside waiting for a bus at a bus stop. luckily, no one was hurt. >>

i caught up with plaintiffs attorney tom kline moments after the judge's ruling. >> your reaction? >> the families will be saddened and disappointed. the decision comes somewhere between surprising and shocking. >> reporter: brandon bostian left court without comment this afternoon. but attorney brian mcmonagle describe his client as relieved. no on camera comment from the attorney general's office. they must decide whether to try and resurrect a case that has now been rejected by a local da and a judge. lucy? >> all right. thank you very much, bruce. >>> fox 29 weather authority right now. live at radar let's check it out. that is what is left of hurricane irma. just a tropical depression now with florida in the clear but a long road to recovery. irma's rain now headed north. >> kathy we can get a little bit wet soon, right. >> it will be more of a nuisance than anything else. some occasional showers. bad hair. you know, high humidity. the whole thing. you'll be able to feel that tropical moisture by tomorrow morning. already seeing the clouds as high cirrus clouds moving in with

tom kline is among host of attorneys representing the victims at the crash. >> the attorney general's case was built on the fact that there was a wreck less disregard for human life taking 50-mile an hour curve at 106 miles an hour. >> reporter: testimony during the four and a half hour long hearing pivoted from the grizzly scene first responders came pneumonia to bostian's own flawless safety record prior to the crash. young engineer tracked the frankford s curve 25 times, before on that night, it is believed bostian developed what the ntsb developed a lack of situational awareness and that was apparently triggered by radio reports along the northeast corridor that a septa train had been struck by a rock. bostian's attorney had a theory that he powered the train to full throttle mistaken that he had already passed through the curve. those representing the victims see it as more than just a mistake. >> brandon bostian's only job was to get people from one point to the other, safely. he didn't even need to steer the train. >> reporter: with today's outcome the question is where do we g

still plaintiffs attorney tom kline said the families he represents will be saddened and disappointed by the judge's ruling. >> it was by definition reckle recklessness and reckless disregard of human safety and reckless disregard of human safety does rise to the level of a crime. therefore, it was not only surprising but even shocking that the charges were simply dismissed with a slug of the shoulder. >> reporter: bostian said nothing as he left court this afternoon. but defense attorney brian mcmonagle described his client as relieved. no on camera reaction from the attorney general's office. they are considering their options which include will he filing the criminal charges. lucy? >> so we will stay tune. thank you much, bruce. >>> massive cleanup efforts are underway as south tries to recover from irma. life is returning to some sense of normalcy if you can really call it that i'm not sure that you can in florida. most commercial airports are back open but many flights remain canceled or delayed. >> some people have started to return to their homes. major theme parks reopened tod

. >> the family lawyer tom kline and tim's parents say the important thing is that beta theta pi brothers will stand trial. >> i'm looking forward to seeing the trial and whatever else comes out of the investigation really. >> facing hazing charges. >> and that's important to you. >> absolutely. >> that's important. >> why? >> because we need to put a stop to it. >> it has no place in greek life, sports, marching bands. it just has no place. it's torture. it's abuse. >> reporter: the judge ruled the state did not provide sufficient evidence that the defendant's knew their actions would almost certainly create tragic consequences. defense attorney ted s. there is no celebration here. a young man lost his life and we're very saddened about that. but my client is not criminally responsible by way of aggravated assault or involuntary manslaughter or simple assault with regard to those charges. >> reporter: the most serious of the charges dismissed friday carry a maximum sentence of 20 years in prison. the one that remain carry a maximum of two. the prosecutor says she will refile the assault