Tour bus driver pleads guilty in fatal crash on New York State Thruway

Batavia, N.Y. (WHAM) — The man who was behind the wheel of a tour bus that crashed on the New York State Thruway last summer, killing five people and injuring dozens of others, accepted a plea offer Monday. Bin Shao, now 56, of New York City, pleaded guilty in Genesee County Court to five counts of criminally negligent homicide. He was the driver of a tour bus carrying 54 people from Niagara Falls to New York City on Aug. 22, 2025 when it crashed on Interstate 90 in Pembroke. Shao told investigators a water bottle rolled up under the brake pedal, preventing him from using it. After reaching down to move the bottle, he lost control of the bus. BACKGROUND: Bus driver blamed water bottle for fatal tour bus on NYS Thruway, deposition says | Tour bus driver charged following fatal crash on New York State Thruway During Monday's court appearance, Shao was shackled and visibly shaken, at times hanging his head. "He's not well, to be honest with you," defense attorney Daniel Lynch said. "He is extraordinarily distraught over this, not only being in prison, which is far from where he was before this, but also he's carrying a tremendous amount of guilt and feeling terrible about what happened." Lynch said Shao accepted the plea agreement after weighing the risks of a trial and the impact the crash had on victims' families and the community. "There's a tremendous amount of risk going to trial in any case, and in this case, given the number of people who lost their lives and the way it affected the community and all the people who were injured, it wasn't going to be a situation where you had a great amount to gain," Lynch said. Lynch acknowledged the seriousness of the crash while emphasizing his client's explanation of what happened. "Unfortunately, he's operating a very large vehicle with people in it," he said. "I think it was just a water bottle, and innocently enough, he's just trying to get a taste of water in the middle of August. I don't know what else to say in terms of what caused it except that it's just a tremendous tragedy." Sentencing is scheduled for Sept. 9, with Shao facing a minimum of 15 months and a maximum of four years in state prison. "Nothing will bring back their loved ones," District Attorney Kevin Finnell said. "But this individual taking responsibility and suffering a consequence when he comes back for sentencing should bring them some closure, and I hope it does."