By Kristen Johanson

PHILADELPHIA (CBS) — A Philadelphia judge has decided to uphold charges against the Amtrak engineer at the helm of the ill-fated train 188, which crashed nearly three years ago in Frankford.

Common Pleas Court Judge Kathryn Lewis reversed a municipal court’s decision, reinstating 246 counts of reckless endangerment, eight counts of involuntary  manslaughter and one count of risking a catastrophe against 34-year-old Brandon Bostian.

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The legal saga has ping-ponged through the court system.

In September, Judge Thomas Gheret dismissed all counts against Bostian, for lack of evidence.

The state’s attorney general, who is handling the case, filed an appeal.

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In court, Lewis said Gheret erred in his decision, and there is enough evidence, even if it’s circumstantial.

Bostian will be arraigned later this month, but will not have to be there, and will surrender his passport, and check in with the court once a week.

The Attorney General’s Office released a brief statement saying this was an important step in the legal process, and Bostian’s defense attorneys declined to comment.

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Eight people died in the crash.