According to an NBC New York report, the sleep-deprived engineer responsible for a derailment in the Bronx in 2013 will not face criminal charges.

The decision not to charge engineer William Rockefeller in the deadly crash had been expected.

Bronx District Attorney Robert Johnson made the decision weeks ago, his office said. The office had no comment on the delay in announcing his final decision.

Rockefeller’s sleepiness was due to a combination of an undiagnosed disorder — sleep apnea — and a drastic shift in his work schedule, the National Transportation Board determined. The agency said the railroad lacked a policy to screen engineers for sleep disorders, which contributed to the Dec. 1, 2013 crash. According to the NTSB, had a system been in place to automatically apply the brakes when an engineer nods off, the crash would have been avoided.

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