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Defending their actions claiming they knew they had a long day ahead of them and would not get a chance to eat. their boss says during a military transport the hearse cannot make stops. >> double parked as well. i am sensing that's a lapse of judgment that they will feel terrible for. >> correct. >> for a while. that's one of those things. >> insensitivity. everybody understands needing coffee but the insensitivity. >> absolutely. we hope you'll stick around for this because one of the victims of the derailment was a 20-year-old naval academy midshipman named justin zemser and by all account...

Death toll now stands at seven. an unknown number remain unaccounted for this morning and ten people are still in critical condition. >> we're learning more about those who lost their lives during what was supposed to be a routine and train ride. >> five of the seven victims have now been identified most of them on their way home to their families. more from abc's david wright. >> among the dead, justin zemser, just two months past his 20th birthday, his mother's pride and joy. >> he was his high school valedictorian and was just finishing up his second year as midshipman at the united states ...

>> i was shocked. she said it rolled over. it flipped over. it rolled over. it flipped over. it was to the point to get out we went up and out a window. so the windows were above us to get out of the car. it was all most all the way upside down. >> reporter: carol helped a pregnant woman get out, and wish she's could have helped others but they were stuck in the wreckage. she doesn't know what happened to the seriously injured woman next to her. >> they're not supposed to turn upside down. and when you look back at it, it's amazing that you walked away. >> reporter: gary tuc hfltman, cnn, phil...

United states naval academy in annapolis. the name of that midshipman has not been released yet. the academy says out of respect for the family and friends they will withhold that name for 24 hours. we presume the family does know now but one of our nation's best and brightest a midshipman from the united states naval academy in annapolis killed in that amtrak crash. we will get more information that will likely be tomorrow and we will bring it to you on happening now. jenna: so many more sad stories as we learned who died and 2 was injured. getting word by way of reuters that the president is...

So somebody's leg hit the side of my head. the rest of her body must have been in the luggage rack. >> i really thought this might be the end. there's no way to know like in the darkness. so just being able to -- you knew you were alive and okay. >> reporter: among the dead 20-year-old justin zemser, a midshipman at the u.s. naval academy on his way home to new york. >> he was his high school valedictorian and was just finishing up his second year as midshipman at the united states naval academy. he was a loving son, nephew and cousin who was very community minded. >> reporter: and jim gaines ...