Despite Tragedy, Tracks Lure Kids

One day after 10-year-old James Boyle was struck and killed by a commuter train on a trestle in Santa Ana, children played on the same trestle and rode bicycles on the dirt path that runs alongside the tracks. They left only when chased away by a police officer.

Residents in the northeast Santa Ana neighborhood say it is a common--and troubling--sight to see children walking on the railroad tracks when taking a shortcut home from school or performing bike maneuvers on makeshift ramps they have carved in the dirt embankment near the tracks.

Several complained Thursday about the easy access to the Santa Fe Railway tracks and the poorly maintained chain-link fence that runs alongside adjacent Santiago Park. The fence, which neighbors said was erected five or six years ago, has a 6- to 8-foot opening that children use to pass through the city-owned park.

“People just came along and cut out part of the fence. The opening is shaped like a “V”; it’s cut in the middle and pulled back on both sides,” said Bill Elzey, the neighbor who notified police that the child had been hit by a train where the trestle crosses the dry bed of Santiago Creek on Wednesday.

“There were between eight and 10 kids out there (Thursday) morning. They did a dance on the tracks for a photographer. They were showing off. Something has to be done; those tracks are attractive. They were to me when I was a kid.”

The accident occurred about noon Wednesday in the residential area near Fairhaven Avenue and Lincoln Street, about two miles north of the Santa Ana Amtrak station. Jimmy Boyle was struck and killed as he and three other boys, including his two brothers, tried to outrun an Amtrak commuter train on the trestle. His brothers, Danny Boyle, 13, and Kevin Boyle, 8, were not injured. The fourth boy, Jeremy McDaniels, 11, also escaped harm. All the boys live just north of the park in the neighboring city of Orange.

Jimmy’s stepfather, Jerry Smith, said Thursday that he and his wife, Marilyn, the children’s mother, went out to the accident site Thursday and saw at least 10 youngsters playing near the tracks.

Only hours after the accident Wednesday, Smith said the railroad company must be held responsible for the accident because of the easy access to the tracks.

“For the life of me, I don’t see how they can have a train going through a public park at 40 miles an hour with no signs, only a vague attempt at a fence and no warning,” he said at the time.

Smith restated his complaint Thursday, saying, “It’s gross negligence.”

But he declined to comment further, except to say that the family has contacted an attorney to look into the accident. He would not say if he and his wife were considering legal action.

According to residents living near the park, a gate was placed at the entrance of the access road several years ago to keep people from riding motorcycles there. They said the mesh fence was erected later but that it has since been damaged.

“Vandals cut the fence all the time and nobody ever repairs it,” said Morris Hammond, who lives near the tracks. “They say it’s Santa Fe property, and they don’t do anything about it. Children go through there all the time.”

It was unclear Thursday who is responsible for maintaining the fence and for securing the access road that runs alongside the tracks.

Garry Ott, Santa Ana parks superintendent, said he surveyed the area Thursday and determined that the fence is on railroad property. He said it would be the railroad’s responsibility to repair it.

“It’s not the city’s property. The city would not normally go in and fix it under those circumstances. Because of the accident, it has become abundantly clear to them (railroad officials) that there’s a problem,” Ott said.

Tom Buckley, a spokesman for Santa Fe Railway in Los Angeles, said he had been unable to determine who owns the fence, but he said it is unlikely that it is the railroad’s property.

“Generally speaking, the rule is that railroad rights-of-way are not fenced. There would have to be an opening at every street crossing,” Buckley said. “A fence isn’t going to prevent someone from climbing over and under, or getting access to the tracks. This is a very tragic incident. . . . They were trespassing on railroad property.

“There are signs that indicate ‘No trespassing.’ That makes it very clear that it’s a misdemeanor. It just like going onto someone’s private property. It’s like walking out to where the planes are taking off at an airport.”

The Amtrak train that hit the boy was carrying about 425 passengers. It had originated in Los Angeles and was bound for San Diego.

Authorities said the boys were running south on the trestle and were trying to outrun the southbound train. Two of the boys managed to jump off the trestle and onto a dirt embankment. The third leaned against the steel bridge railing and avoided the passing train, police said.

But Jerry Smith on Thursday denied reports by authorities that the boys had been playing on the trestle.

“They were trapped. They were just walking on home. All of a sudden, the train came. It’s not like they were playing ‘chicken’ with the train,” he said.

The train, which consisted of seven cars and one engine, was traveling in reverse (with the engine pushing the cars). But an Amtrak official said that would not have contributed to the accident. The engineer rides in the lead car, which is equipped with a whistle, lights, headlights and a bell, and operates the engine by remote, he said.

“We do that so more train trips can be accomplished with fewer engines and cars. You don’t have to turn the equipment around at the end of the train’s run. The engineer is right up front and he probably has a better view of the railroad in that mode. He has an unimpeded view of the track,” said Clifford Black, an Amtrak spokesman in Washington.

Black said that Amtrak is cooperating with police in the investigation but that there is no indication that the engineer was at fault or that the train was operating improperly.

Meanwhile, employees at Santa Ana’s North Grand Station post office, where the boys’ mother has worked as a mail carrier for two years, set up a fund to raise money for the family.

“We will make a donation to the family for whatever they need right now. It started out with carriers, they wanted to do something for a fellow co-worker. It will be in-house, but if anybody wants to contribute, that’s fine,” said Bob Stewart, the station manager.

Donations should be sent to the North Grand Station, 2201 N. Grand Ave., Santa Ana, Calif. 92711-9998.

Stewart said the funeral will be at 3 p.m. Monday at Fairhaven Memorial Park in Santa Ana.

Neighbors said there have been at least four accidents on the same trestle. Santa Fe officials said they could not confirm that number.

In 1973, a 9-year-old girl was seriously injured and her 7-year-old sister suffered cuts and bruises after they were trapped on the trestle by a passenger train. Authorities said the two girls had tried to outrun the train. Two other young boys leaped from the bridge into the creek bed and were not injured.