CMSL Vandalism

The last time I was in Cape May, there were cars stored below the canal. Those cars are used in interstate commerce. If the car owner's business suddenly picked up and he needed those cars returned, he may not be able to get them back because the track was vandalized. Under that scenario, logic says that this act DOES interfere with interstate commerce; therefore state AND federal charges should be brought against the defendents.

EDM5970 wrote:The last time I was in Cape May, there were cars stored below the canal. Those cars are used in interstate commerce. If the car owner's business suddenly picked up and he needed those cars returned, he may not be able to get them back because the track was vandalized. Under that scenario, logic says that this act DOES interfere with interstate commerce; therefore state AND federal charges should be brought against the defendents.

when was the last time you were in Cape May? i beleive in October 2009 they were taken out.

The last time I was in Cape May was in September, 2010, riding the RDCs, although I helped CMSL get the push-pull set ready for the Santa Express trains up North. The 'Ghost Train', so named by the Cape May Herald some time ago, was still in Cape May then. A quick call to one of the CMSL staff members, earlier this evening, confirmed that those cars are still there. Perhaps you are thinking of the coil cars, stored on behalf of CSX, that have since left the property?

EDM5970 wrote:The last time I was in Cape May was in September, 2010, riding the RDCs, although I helped CMSL get the push-pull set ready for the Santa Express trains up North. The 'Ghost Train', so named by the Cape May Herald some time ago, was still in Cape May then. A quick call to one of the CMSL staff members, earlier this evening, confirmed that those cars are still there. Perhaps you are thinking of the coil cars, stored on behalf of CSX, that have since left the property?

yeah I think your right. I haven't been there since July 2010. But I saw some get moved in October 2009

The cars are still there - I took a couple photos from the adjacent trail a few weeks ago. http://georgehyland.com/georgehyland/CMSL_Storage.html

hutton_switch wrote:

dlagrua wrote:The tracks and R.O.W. used by the CMSL are owned by New Jersey Transit. IMO, stealing rail components on a RR line is an act of terrorism. Had a train been traveling over the weakened/disassembled areas, a train wreck could have happened,resulting in injury and the loss of life and property. Thank goodness that a track inspection uncovered the missing spikes and plates. While the intent was theft for profit, the court may consider this a potential act of violence. These criminals might be charged under the homeland security act but in any case, convict them, let them spend some time in jail and then put them on work release and force them to spend 70 hour weeks working on restoring the damage that they did and maintaining the CMSL R.O.W. for the next 5 summers excursions.
I have not heard about the outcome of the trial and would be very interested in the verdict. I have no idea why, but some people seem to get a perverted satisfaction at destroying CMSL property.

At the minimum, they would be charged with larceny. The prosecution would need to investigate the background of the defendants, search for any ties to terrorist organizations, and their motives for committing the act. Then the appropriate charges and sentences would be rendered by the prosecution based on available evidence. Such criminal acts as this against railroads are fairly common today, so the prosecuting attorneys would not have to look very far for precedents.

Good explanation; what was described in the press simply does not indicate an intent to engage in terrorism which is an essential element of that offense. In summary, the offense is described as acts "which appear motivated by an intent to coerce, intimidate, or retaliate against a government or a civilian population ("terrorist motive"), and which occur primarily within the United States and do not involve a foreign terrorist organization." Not simple theft. There might be other state charges of reckless endangerment or similar considered, but not terrorism.

With reference to the earlier question on the outcome of the trial, unless the alleged offense is or has been downgraded from a crime to a disorderly persons offense, it unlikely that the trial will occur for quite some time.

Thank you for the detailed explanation. It's good to know that the perps will most likely receive more than a "slap on the wrist" for these crimes.

On another positive but somewhat unrelated note, while down at the Cape this past weekend, it appeared that several of the relay boxes and crossing poles had recently received a new, shiny coat of silver paint. In addition, the new crossing between Rio Grande and Cold Spring ("Sally's Crossing") is coming along nicely, including brand new pre-fab concrete crossing pads.

Trainlawyer - If I may, I guess one of the original questions remains outstanding. Are these types of offenses handled under Federal Charge and jurisdiction or simply State Charges handled at local/County Court Level?

For those interested in the topic of federal investigation into crimes related to railroads, visit the FBI's main web page, http://www.fbi.gov and search for "railroad" in the search block. Lots of press releases such as this one: http://pittsburgh.fbi.gov/dojpressrel/p ... 012910.htm

Now that's justice!

Later!
Mr. Ed

"from a location owned by the Federal Government"

And that is why they were charged using federal and not state statutes.

In the U.S. Code, 18 US 1991 (Entering train to commit crime) and 18 USC 1992 (Terrorist attacks against railroad carriers and mass transport systems) are the only specific criminal statutes involving railroads. I would assume that the former was intended to address burglary or unauthorized entry of a railroad car.

R36 Combine Coach wrote:In the U.S. Code, 18 US 1991 (Entering train to commit crime) and 18 USC 1992 (Terrorist attacks against railroad carriers and mass transport systems) are the only specific criminal statutes involving railroads. I would assume that the former was intended to address burglary or unauthorized entry of a railroad car.

I suspect the statute in some form dates back to Jesse James train robbery era.