Man struck by train was awaiting sentencing

June 5, 2012

The 39-year-old man who was struck and killed by an Amtrak train May 31 was scheduled to be sentenced in a child pornography case June 1.

According to the Oak Creek police report:

The driver of the train told police he saw the man, now identified as James A. Batovsky, come from the east and stand in between the two sets of tracks in the 700 block of West Puetz Road. The man then saw Batovsky step on his set of tracks, turn toward the train with both hands in his pockets and wait for the train to strike him.

The driver stated he barely had enough time to pull the emergency brake and sound the horn before the train struck the man. The train was pulling six cars enroute from Chicago to Milwaukee and was traveling about 80 mph.

The man was identified through a Wisconsin driver's license picture in his pants pocket and his identity was confirmed through fingerprints.

His family stated to police that Batovsky suffered from bi-polar disease, had medical problems and was extremely sad because he was going to be sentenced and possibly sent to prison the next day for a pending child pornography case.

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