Driver of Spanish train charged

Garzon quizzed over deadly crash, released without bail

Relatives of the train crash victims collect the luggage that was under police custody in Santiago de Compostela, Spain, Sunday, July 28, 2013. The driver of a Spanish train that derailed at high speed was being questioned by a judge on Sunday as officials tried to determine if he was responsible for the accident, which killed 79 people. Francisco Jose Garzon Amo, 52, has been held by police on suspicion of reckless homicide. (AP Photo/Lalo R. Villar)
Relatives of the train crash victims collect the luggage that was under police custody in Santiago de Compostela, Spain, Sunday, July 28, 2013. The driver of a Spanish train that derailed at high speed was being questioned by a judge on Sunday as officials tried to determine if he was responsible for the accident, which killed 79 people. Francisco Jose Garzon Amo, 52, has been held by police on suspicion of reckless homicide. (AP Photo/Lalo R. Villar)

SANTIAGO DE COMPOSTELA, Spain - The driver of a Spanish train that derailed at high speed killing 79 people was provisionally charged Sunday with multiple cases of negligent homicide.

A court statement said investigative magistrate Luis Alaez released Francisco Jose Garzon Amo without bail.

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

Garzon was not sent to jail or required to post bail because none of the parties involved felt there was a risk of him fleeing or attempting to destroy evidence, the statement said.

It said the train driver’s license had also been withdrawn.

Garzon was questioned for almost two hours at the court in Santiago de Compostela, the northwestern town near where the accident occurred.

The driver has not made any public statements, but minutes after the crash Garzon said 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 Sunday.

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 50 mph speed limit into a high-risk curve Wednesday, 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 2.5 miles before the train hit the curve.

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 experienced 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 family of a Houston woman who was injured in the train derailment in Spain said she had died.

Myrta Fariza died early Sunday in a hospital in Santiago de Compostela, the family said in a written statement. She and her husband, Robert Fariza, were passengers on the train that derailed Wednesday.

Her family described Myrta Fariza as a “loving wife, mother, sister, mother-in-law, aunt and friend.” They said she provided “irreplaceable love, compassion, courage, friendship and support” to all who knew her.

Family and friends had created a Facebook page while she was hospitalized titled “Hope for Myrta,” where they collected donations and communicated.

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

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

Information for this article was contributed by Ramit Plushnick-Masti of The Associated Press.

Front Section, Pages 4 on 07/29/2013

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