Teen charged in Bennet derailment appeals transfer of case to adult court

LINCOLN, Neb. (KLKN) — A 17-year-old Bennet boy accused of derailing a train is appealing the decision to charge him as an adult.

In a Monday court filing, Zachary Hertzler said he intends to take his case to the Nebraska Court of Appeals.

On April 22, a loaded coal train went off the track in Bennet, hitting an empty coal car, according to court documents.

The crash caused about $350,000 in damage, authorities said.

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

BNSF Police said Hertzler moved the switch to the wrong position, then filmed the crash on his cellphone and posted the video to YouTube.

Hertzler is a self-proclaimed “railroad enthusiast,” according to court documents, who often posts videos of trains.

He was charged in Lancaster County Juvenile Court in July with two felony counts of criminal mischief.

But last week, Juvenile Court Judge Roger Heideman transferred the case to Lancaster County Court.

He said the derailment could have been a “catastrophic event.”

Hertzler’s next court hearing is set for Sept. 26.