Reward doubled in derailment attempt FBI, other agencies warn of possible charges for withholding information July 23, 2010
Law enforcement officials offered a carrot and stick Thursday to encourage anyone who knows anything about the attempted derailment of an Amtrak passenger train to come forward.
The FBI news conference included the announcement that a $10,000 reward would be doubled to $20,000, as well as a warning that withholding information on the federal crime could result in felony charges.
"We will not go away," said James H. Robertson, special agent in charge of the FBI's Buffalo Division, who stood with other top law enforcement officials at the event.
Investigators are certain one or more people know something about who is responsible for placing a barricade of railroad ties on the tracks between 4 and 8:45 a.m. July 5, when the passenger train, carrying 354 people, smashed through the obstacle.
The air brakes and undercarriage of the train, which was traveling about 70 mph, were damaged. Authorities said another train had passed on the same tracks at 4 a.m. without incident.
No one was injured.
If the derailment had resulted in deaths, U.S. Attorney William J. Hochul Jr. said, the death penalty would apply upon conviction.
The penalty for attempting to derail the passenger train, Hochul said, carries a maximum penalty of life in prison.
Hochul, who said authorities will not rest until whoever is responsible is brought to justice, said obstructing an investigation and refusing to share pertinent information with law enforcement were federal crimes.
"We will use everything available to us in our arsenal of tools. This is an extremely serious matter," Hochul said.
The operator of the train, Robertson added, spotted the barricade and was able to slow down before hitting it, avoiding what could have been a much more severe situation.
"There's been a substantial amount of leads, ... and as investigators, we'll follow the evidence," said Robertson, who declined to provide specifics on the size of the barricade or a motive for the incident, which, he added, amounts to an act of terrorism.
Those at the news conference sought to distance the attempt from the Seneca Nation of Indians and the controversy from the new federal law banning the shipping of cigarettes through the U.S. Postal Service.
Though the legislation has angered Seneca merchants who sell cigarettes over the Internet and then ship them by mail, authorities said the only connection is that the attempted derailment occurred on Seneca land.
The ties were placed across CSX tracks about 200 yards east of the Cattaraugus Creek railroad bridge.
As for the law, a temporary restraining order allows members of the Seneca Free Trade Association to continue using the mails until the end of the month, when U.S. District Judge Richard J. Arcara decides on its constitutionality.
Robertson and State Police Maj. Christopher Cummings have traveled twice to Seneca territory in the last two weeks to meet with Seneca Nation President Barry E. Snyder Sr. and the Tribal Council. Both said they were confident they have the full support of tribal leaders and tribal marshals in solving the crime.
Cummings pointed out that a sign painted on a railroad bridge on the Cattaraugus Reservation stating "no mail, no rail" was removed after authorities asked that it be taken down. The major said he told Seneca officials the sign generated speculation about a motive for the attempted derailment.
When asked if the Seneca Nation offered to contribute to the increase in reward money, Hochul said that was a question best addressed to the nation. Nation officials could not be reached to comment.
In highlighting the cooperation with the tribe, FBI officials said their evidence team has been to the crime scene many times and secured a substantial amount of physical evidence.
Anyone who comes forward with information, Hochul said, will be guaranteed anonymity.
Amtrak Deputy Police Chief Robert Smith said Amtrak patrols have increased in the area where the incident occurred.
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