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BDAO Declines to File Criminal Charges in 5/25/2024 Dirt Bike Fatality

Aug 17, 2024 Press Releases

After review of the investigatory materials, the Berkshire District Attorney’s office has declined to file criminal charges in the May 25, 2024, dirt bike vs. truck collision on West Housatonic Street that resulted in the death of the dirt bike driver, John Tyska (9/28/1989).  The investigation demonstrated that specifically the truck driver’s operation of his vehicle did not meet the legal criminal standard of negligence for charges to issue.

Investigation into the fatal collision also uncovered the following facts:

  • Prior to the collision, the dirt bike was traveling at a high speed (between 55-65 miles per hour) on a street with a speed limit of 40 miles per hour.
  • Prior to the collision, the dirt bike operator was driving in a manner indicative of avoiding the police. This included driving through a red light on West Street at approximately 60 to 70 miles per hour when being followed by a police car that had activated its blue lights.
  • The lack of reaction time of the truck driver due to the bike’s operation.

On May 25th, Mr. Tyska’s dirt bike collided with a truck traveling on West Housatonic Street. Mr. Tyska collided with the truck after taking a fast turn from Plymouth Street onto West Housatonic Street. Law enforcement was dispatched to the area of the collision at approximately 6:50pm. Mr. Tyska succumbed to the injuries he sustained on the scene.

The Pittsfield Police Department was the lead law enforcement agency on the case.

While the investigations may at times seem lengthy to the public, District Attorney Shugrue is committed to detailed investigations that thoroughly review all facts in a case.

 

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