By BigNY.com News Desk
New York — June 4, 2026
New York Attorney General Letitia James’ Office of Special Investigation released its report on the death of John Bonds, a 65-year-old man who died after being struck by a vehicle driven by an off-duty Town of Colonie Police Department officer in Latham, Albany County.
The Office of Special Investigation, known as OSI, concluded that criminal charges are not warranted because prosecutors would not be able to prove beyond a reasonable doubt that the officer committed a crime.
The incident occurred on May 27, 2025, on Old Loudon Road in the Town of Colonie. Bonds died several days later, on June 2, 2025, at Albany Medical Center.
According to the OSI report, off-duty Colonie Police Officer Jason Tusch was driving a 2011 Honda Accord southbound on Old Loudon Road when he struck Bonds, who was walking in the southbound lane while pushing a shopping cart.
What the OSI Report Says Happened
The collision occurred shortly after 10:11 p.m. on May 27, 2025. The report says Bonds was walking in the roadway near the southbound lane of Old Loudon Road, north of Purtell Avenue. The speed limit in that area was 30 miles per hour.
Security camera footage reviewed by investigators showed Bonds walking in the southbound lane before the collision. The report states that another vehicle, a black SUV, had passed Bonds shortly before the crash by moving into the northbound lane.
Officer Tusch then struck Bonds while driving southbound. After the impact, Tusch stopped his vehicle and later approached Bonds, who was lying in the road.
According to the report, Officer Tusch and a civilian helped render aid to Bonds until emergency medical personnel arrived. Bonds was transported to Albany Medical Center and later died from his injuries.
Investigation Included Video, Witnesses and Collision Reconstruction
OSI reviewed fixed security camera footage, Capital District Transportation Authority bus camera footage, body-worn camera footage from responding officers, New York State Police reports, witness statements, and a collision reconstruction report.
OSI also reviewed a recorded interview that New York State Police conducted with Officer Tusch after the collision. The report states that Tusch refused to be interviewed by OSI.
Responding Colonie police officers reported that they smelled an odor of alcohol coming from Tusch after the collision. The investigation was then turned over to the New York State Police.
Alcohol Testing and Field Sobriety Tests
According to the report, Tusch initially refused to submit to chemical testing. New York State Police read him New York’s implied consent law, which warns drivers about penalties for refusing chemical tests.
Tusch refused multiple times before later agreeing to breath and blood testing more than three hours after the collision.
At the State Police barracks in Latham, troopers administered standardized field sobriety tests. The report states that Tusch passed three field sobriety tests: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.
A breathalyzer test administered at approximately 1:05 a.m. indicated that Tusch’s blood alcohol content was 0.02 percent. The report states that because the result was below 0.03 percent, retrograde extrapolation could not be used to estimate his BAC at the time of the crash.
OSI concluded that the evidence was insufficient to prove that Tusch was intoxicated or that his BAC was above the legal limit at the time of the collision.
Legal Standard for Criminal Charges
The Attorney General’s Office explained that criminally negligent homicide in New York requires proof beyond a reasonable doubt that a person caused a death by failing to perceive a substantial and unjustifiable risk, and that the failure represented a gross deviation from the standard of care a reasonable person would observe under the same circumstances.
OSI determined that the evidence did not establish that Tusch was speeding or driving in a dangerous manner. The report also noted that Tusch stopped after the collision, sought help, and participated in life-saving efforts.
The office concluded that prosecutors could not prove beyond a reasonable doubt that Tusch’s conduct met the legal standard for criminally negligent homicide.
OSI also reviewed whether the facts could support a charge of Vehicular Manslaughter in the Second Degree. That charge requires proof of intoxication as an element. Because the evidence did not establish intoxication beyond a reasonable doubt, OSI concluded that the charge could not be proven at trial.
OSI Will Not Seek Charges
After reviewing the facts and the law, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that Officer Jason Tusch committed a crime when he caused John Bonds’ death.
As a result, the Attorney General’s Office will not seek criminal charges and has closed the matter with its public report.
The case underscores the difference between a fatal incident and a provable criminal offense under New York law. OSI’s role was not only to determine what happened, but also whether the evidence could support criminal charges at trial under the state’s legal standards.
Official Sources
Attorney General James press release:
https://ag.ny.gov/press-release/2026/attorney-general-james-office-special-investigation-releases-report-death-john
Full OSI report PDF:
https://ag.ny.gov/sites/default/files/reports/osi-john-bonds-report.pdf