Teenager accused of derailing train in Bennett charged with two counts of criminal damage

LINCOLN, Nebraska (KOLN) – A 17-year-old accused of derailing a train in Bennett appeared in court Monday. Zachary Hertzler was charged with two counts of criminal damage to property, each of which caused damage over $5,000.

On August 19, a judge ruled that Hertzler would be tried as an adult.

The incident occurred on April 21, when a BNSF train derailed at a railroad crossing near the corner of Monroe and Juniper Streets at 6:10 p.m. Two locomotives and five fully loaded rail cars derailed, but remained upright and collided with an empty rail car.

According to court documents, Hertzler was on the scene and filmed the derailment. He later shared the video with 10/11 News.

A BNSF Railroad Police investigator interviewed the train's conductor, who reported that he noticed a misaligned switch that diverted the train from its eastbound route onto an industrial track. The conductor attempted to apply an emergency brake, but was unable to prevent the derailment and subsequent collision with an empty coal car.

The investigator found that a padlock that was supposed to secure the switch was missing. At the scene, Hertzler approached the investigator and asked him about the cause of the derailment. When he was told that the cause was unknown, Hertzler replied, according to the arrest warrant: “Obviously a switch was turned the wrong way around.”

Hertzler, who claimed to be a railroad enthusiast, showed the investigator a video he made of the derailment. Although he denied trespassing or tampering with the switch, the investigator noted that Hertzler appeared to know the location and operation of the switch.

Surveillance footage from the area showed a vehicle and a lone driver near the scene of the accident shortly before the derailment. The warrant stated that Hertzler was seen in a 1996 Buick Park Avenue before setting up a camera on a tripod near the railroad crossing just four minutes before the derailment.

In May, investigators matched the vehicle on surveillance footage to Hertzler's Buick Park Avenue, court records show.

Hertzler's next court date is scheduled for September 26. His bail was set at 10% of $5,000.

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