PHILADELPHIA (CBS) — The decision on whether to reinstate charges against the engineer involved in the crash of Amtrak train 188 in Philadelphia is delayed until early next year.

A judge made that call in court on Wednesday morning.

In September, reckless endangerment and involuntary manslaughter charges were dismissed against Brandon Bostian, but an appeal was later filed by the state’s attorney general.

That happened after the district attorney’s office decided not to file charges, saying there was not enough evidence.

Bostian was at the controls of the train when it crashed in the Port Richmond area in May 2015.

Eight people died and 246 were injured.

Brian McMonagle, Bostian’s attorney, says he’s looking forward to arguing the case in February.

“We’ll come back in February and she will give us her decision on their appeal. We’re looking forward to that happening and we’re looking forward to Brandon getting on with the rest of his life and obviously he’s mindful of the great loss that has occurred and our prayers go out to all the families, particularly this time of year,” said McMonagle.

The hearing is set for Feb. 6.