The bus driver in last summer's fatal crash along the New York State Thruway near Pembroke has been criminally charged in Genesee County.
"New York State Police have arrested Bin Shao, age 56, of Flushing, New York following his indictment by a Genesee County grand jury on February 11, 2026," announced Capt. Daniel Howard of the New York State Bureau of Criminal Investigation during a news conference held Friday afternoon at the State Police barracks in Batavia.
Shao is charged with five counts of manslaughter in the second degree and five counts of criminally negligent homicide, corresponding with the deaths of five passengers who were aboard the bus police say Shao was operating. All the counts are felonies.
It was August 22, 2025 when a tour bus operated M&Y Tour Inc. rolled over and crashed on the I-90 Thruway near Pembroke. The bus was carrying more than 50 people. In addition to the five fatalities, dozens more were seriously injured, including three children.
The bus was returning to New York City from a sightseeing stop in Niagara Falls. The bus company is not facing criminal charges.
"Mr. Shao was the operator. He was the driver of the tour bus. There is no evidence of drug or alcohol impairment," said Kevin Finnell, Genesee County district attorney. "The charges stem from the decisions made and the actions taken by Mr. Shao as he operated the bus on the New York State Thruway and Pembroke."
Investigators would not provide details about the actions which they say warranted the charges.
Shao has pleaded not guilty. He is due back in court March 9.
If convicted, Shao could face anywhere from an unconditional discharge, to probation, or as much as five to 15 years in state prison, according to investigators.
(You may listen to the news conference in its entirety by clicking the audio link above.)