Spain’s interior minister announced Saturday that the driver whose speeding train crashed, killing 78 people, is now being held on suspicion of negligent homicide.

Minister of Interior Jorge Fernandez Diaz announced the step against Francisco Jose Garzon Amo, who previously had been detained on suspicion of recklessness.

The minister also said Garzon, 52, has been discharged from the hospital and taken to a police station.

Blame has increasingly fallen on the driver, with the country’s railway agency saying it was his responsibility to brake before going into the high-risk curve where the train tumbled off the rails and smashed into a wall. But it’s still not clear whether the brakes failed or were never used, and the driver has remained silent so far.

A blood-soaked Garzon was photographed Wednesday being escorted away from the wreckage, at first by civilians who had hurried to the scene of the accident and then by police, but it is not clear just what his medical status is.

Unconfirmed media reports said that Garzon had injured ribs.

In Wednesday’s crash, the train’s eight carriages packed with 218 passengers blazed far over the speed limit into a curve and violently tipped over. Diesel fuel sent flames coursing through some cabins.

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