should he get murder? I personally say no, granted it was a tragedy, but the idea that a car would derail a train wouldn't ever cross my mind. I hear about the people in the car dying in these types of things. I've never heard of a collision with a car where the occupants of the car died AND the train derailed. So, I say manslaughter. In this case, life in prison with chance of parole in 30 years or something.