Bennet train derailment case chugs along as court upholds decision to charge teen as adult

LINCOLN, Neb. (KLKN) — A teenager accused of derailing a train near Bennet for YouTube views has lost his effort to be tried as a juvenile.

On Tuesday, the Nebraska Court of Appeals rejected 18-year-old Zachary Hertzler’s appeal of the transfer of his case out of juvenile court.

Hertzler was 17 on April 22, when court documents say he flipped a switch that caused a loaded coal train to derail.

The train, which had two crew members aboard, hit an empty coal car.

Authorities said the crash caused about $350,000 in damage.

SEE ALSO: 17-year-old ‘railroad enthusiast’ charged in Bennet train derailment

Hertzler filmed the crash on his cellphone and posted it to YouTube, according to BNSF Police, where it racked up 300,000 views.

Court documents say the Bennet man is a self-proclaimed “railroad enthusiast” who often posts videos of trains.

He was on scene when railroad investigators arrived and asked if they knew what happened.

The investigator said the cause was unknown, and according to court documents, Hertzler responded, “Well, obviously a switch was flipped the wrong way.”

SEE ALSO: ‘Railroad enthusiast’ accused of causing April train derailment in Bennet

In August, a juvenile court judge ruled that Hertzler should be charged as an adult and transferred the case to Lancaster County Court.

Judge Roger Heideman said the derailment could have been a “catastrophic event.”

Heideman also pointed to the success of the YouTube video, saying Hertzler appears to have been seeking notoriety.

The judge wrote that Hertzler’s age was also a factor in moving the case, noting that the juvenile court’s authority will end when he turns 19.

Hertzler appealed the decision. His attorneys cited his clean record.

But the appeals court said it agreed with most of Heidemann’s reasons for transferring the case.

Hertzler’s next hearing in Lancaster County Court is Feb. 10.