The engineer who was at the helm of a deadly 2015 Amtrak crash outside Philadelphia could still face criminal charges.

Pennsylvania Attorney General Josh Shapiro filed a notice of appeal Tuesday in a bid to get the charges against Brandon Bostian reinstated.

Last month, Judge Thomas Gehret tossed the charges against Bostian, who said he became “distracted” as he sped along the tracks and crash his train, killing eight people. Gehret said the crash was “more likely an accident than criminal negligence.”

Shapiro’s spokesman, Joe Grace, said in a statement,”The Office of Attorney General has filed its notice of appeal of the Municipal Court decision in the Amtrak case.

“We are seeking a legal determination based on the proper standard for a preliminary hearing.”