(The following article by Lara Bricker was posted on the Portsmouth Herald website on October 26.)
NEWFIELDS, N.H. — The death of an Exeter man killed when he was struck by an Amtrak Downeaster passenger train highlights the challenges authorities have in enforcing no trespassing on railroad property.
Wayne Locke Jr., 35, with a last known address of Epping Road, Exeter, was pronounced dead at the scene Thursday night after being struck by the train at 7:43 as it passed through Newfields.
The state medical examiner’s office determined Locke’s death was caused by blunt impact, and the manner of death was accidental.
The train engineer reported to authorities that Locke was sitting on the tracks and did not move when she blew the train’s horn. Although the engineer tried to stop the train, she was not able to stop before hitting Locke.
“Our heart goes out to everybody involved in this. It’s just a horrible thing,” said Patricia Douglas, manager of marketing for the Northern New England Passenger Rail Authority. “These are the types of incidents you hope never are going to happen. This situation is just disheartening.”
Locke’s death is the third major incident since the Downeaster began service in 2001. A woman was struck by the Downeaster in Lawrence, Mass., in February 2002 when she was crossing the tracks. In August 2002, Samantha Leclair, of Seabrook, was hit by the train in Durham when she failed to get off an off-limits railroad bridge. The railroad trestle, a popular spot for swimmers, was deemed a tough area to enforce trespassing laws.
The area in the immediate vicinity of the train tracks where Locke was found is considered private property, as it is owned by the railroad. Train officials and train police concentrate on two areas to keep people off the tracks: education and enforcement.
Train and rail officials acknowledge enforcement can be difficult.
Train police from both Amtrak and B&M Railroad enforce the no-trespassing area along the Boston-to-Portland route, but cannot be everywhere at once. The area in Newfields is owned, and enforced, by B&M Railroad. Amtrak police do not have jurisdiction in that area of the track.
Local police do not go out onto the tracks in their town unless specifically requested to do so by the railroad police, as the tracks are private property, Durham Police Lt. Sean Kelly said Friday.
The rail police are usually on the lookout for people walking, driving four-wheelers or riding snowmobiles along the tracks.
Officials from Amtrak police and B&M police could not be reached for comment Friday.
“These men and women are out there all the time and do their very best to provide as much protection as they possibly can,” said Douglas, of NNEPRA. “Things happen and they can’t be everywhere all the time and it’s unfortunate.”
Lyman Cousens, the state coordinator for Operation Lifesaver, an educational program on train safety for school-aged children, said programs in area schools have been effective in keeping kids off the tracks.
Cousens agreed that sometimes the threat of a $100 fine for trespassing on train property does not deter people from going on the tracks.
“That’s really been our biggest problem — the enforcement,” Cousens said, adding there have been problems with snowmobiles and four-wheelers driving on the rails. “It’s hard to catch them.”
While Thursday’s fatality took place in Newfields, town police Cpl. Chris Hutchins said police in that town have not encountered many problems with trespassers on the tracks.
“We haven’t had any problems recently since the Amtrak Downeaster started coming through town,” Hutchins said.
Cousens said his organization recently participated in a train-safety day at the University of New Hampshire, which stressed the dangers of going on the tracks and also the legal ramifications. It also strives to stay active in the local schools.
“I think we’ve done a good job,” he said. “We’ve done at least two presentations before every school with kids within 10 miles (of the train).”