Attorney General James’ Office of Special Investigation Releases Report on Death of John Bonds

June 4, 2026

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of John Bonds, who died on June 2, 2025 following a motor vehicle incident involving an off-duty Town of Colonie Police Department (CPD) officer on May 27, 2025, in Latham, Albany County. After a thorough investigation, which included review of footage from body-worn cameras (BWC) and nearby security cameras, a recorded interview with the involved officer, witness statements, and a collision reconstruction report, as well as comprehensive legal analysis, OSI determined that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officer committed a crime, and therefore criminal charges are not warranted in this case.

At 10:12 p.m. on May 27, an off-duty CPD officer was driving in his personal vehicle southbound on Old Loudon Road in Latham when he struck Mr. Bonds, who was walking while pushing a shopping cart in the southbound lane. Mr. Bonds was walking with his back to traffic and wearing non-reflective clothing in a darkened section of the road between two streetlights. After the officer hit Mr. Bonds, he flagged down a passing car to call 911 and initiated life-saving measures while waiting for emergency medical personnel to arrive. Mr. Bonds was taken to a local hospital, where he was pronounced dead on June 2, 2025.

The CPD officers who responded to the scene reported smelling an "odor of alcohol" coming from the off-duty officer before handing the investigation over to the New York State Police (NYSP). Two civilian witnesses who had contact with the officer reported they did not observe any signs of impairment from the officer. The off-duty officer refused to submit to a breath or blood alcohol test multiple times before NYSP administered three standardized field sobriety tests, which he passed. About three hours after the collision, the off-duty officer consented to a breathalyzer test at the NYSP barracks in Latham, which indicated his Blood Alcohol Content (BAC) was 0.02 percent.

In New York, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person caused a death when they failed to perceive a substantial and unjustifiable risk that death would occur; that the failure to perceive the risk was a gross deviation from a reasonable person's standard of care; and that the person engaged in blameworthy conduct. In this case, there is no evidence that the officer was speeding or otherwise driving in a dangerous manner. Following the collision, the officer flagged down a passing car to request emergency services and performed life-saving measures while waiting for help to arrive.

In this case, the evidence does not establish beyond a reasonable doubt that the officer's conduct was a gross deviation from the standard that would have been observed by a reasonable person in the same circumstances, or that the officer failed to perceive a substantial and unjustifiable risk of death. The officer had alcohol in his system when the collision occurred, but there is insufficient evidence to establish that he was intoxicated or had a BAC above the legal limit.

Similarly, the evidence does not establish that the officer committed Vehicular Manslaughter in the Second Degree, because it does not establish intoxication beyond a reasonable doubt, which is an element of that charge.

Therefore, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt at trial that the officer committed a crime when he caused Mr. Bonds' death.