That was my initial gut reaction as well...
However, unless it is proved that he INTENDED harm to the train passengers, I think the death penalty is inappropriate. Don't get me wrong... I still think he should be locked away forever... but it's not as if he's a serial rapist or murderer... he's a stinkin' druggie with a fried brain who probably couldn't even grasp the concept that there were passengers on the train. Just lock him up and toss the key. He's not worth the court costs of a capital punishment trial.
You make a good point. I could settle with that... That said, I think this guy *knew* people were going to get hurt, even with his drug-fried brain. But he'll get his day in court...