A man struck by a train in Red Level Tuesday afternoon was injured, but not killed.

In fact, according police officials, the victim ended up spending th3 night – not in the hospital, but in jail.

According to Richard Moss of the Red Level Police department, the man, believed to be a migrant worker known as "Jamie Gutierrez", approximately 33-years-old, was lying down on the tracks near the Francis Lane Crossing.

"As the train approached Francis Lane, they sounded their whistle," said Moss. "At which time, they noticed what appeared to be a stick on the tracks. As the approached closer they realized it was human."

Moss said that they sounded the whistle again and they applied the brakes, but were unable to come to a complete stop before striking the victim.

"It knocked the subject off the tracks," said Moss, who said the train's estimated speed at the time of impact at 7 miles per hour.

One witness stated that the man appeared to have a cut on one forehead and Police Chief Jeff Holland stated that the man suffered from several scrapes, but internal injuries could not be determined at the time.

"He was pretty banged up," Moss said. Later he added "It's good to come up on one of these not have anybody dead."

The victim was transported to Andalusia Regional Hospital, where he was treated and released. He was then taken to the jail, where he was charged with public intoxication, according to a jail representative.

The incident is still under investigation.