Three Sentenced to Prison for Causing Train Derailment

February 2, 2010 - BECKLEY, WV—Three men were sentenced yesterday for federal violations arising out of their roles in a conspiracy to steal copper wire that ultimately resulted in the August 28, 2005 derailment of a Norfolk Southern train near Baileysville, West Virginia.

Thomas Browning, 29, of Cyclone, West Virginia; Landon Cline, 23, of Rock House, West Virginia; and Ricky Nichols, 52, of Itmann, West Virginia, were sentenced by United States District Judge Irene C. Berger. Browning and Nichols were sentenced to 60 months in prison—the statutory maximum, while Cline was sentenced to 41 months in prison. All three defendants previously pled guilty in July 2009, admitting they participated in blocking the railroad track to avoid detection as part of their scheme to steal copper wire from Norfolk Southern Railroad.

On August 28, 2005, a group of individuals, including the defendants, agreed to steal copper wire used by Norfolk Southern Railroad to provide power to its communication system from a location owned by the Federal Government near R.D. Bailey Lake. To avoid detection by Norfolk Southern maintenance workers, the three men agreed to block the track with two 15-foot, 375 pound "I-beams," that were laying next to the railroad track. At approximately 10 p.m. that evening, a Norfolk Southern train with three locomotives and 150 loaded coal cars struck the I-beams causing the train to derail. The three locomotives and 23 rail cars were severely damaged, resulting in nearly $400,000 in loss to Norfolk Southern.

In addition to their terms of imprisonment, the defendants were also ordered to serve a three-year term of supervised release following incarceration and were ordered to pay $398,071 in restitution.

Assistant United States Attorney Thomas C. Ryan handled the prosecution. The investigation was led by the Federal Bureau of Investigation and Norfolk Southern Railroad Police.