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The Saratoga County incident, which was captured on officer-worn body camera footage, happened at around 3 a.m. Sunday, Nov. 20, 2022 in Saratoga Springs near Broadway and Caroline Street.
Police said Vito Caselnova, an off-duty sheriff’s deputy in Rutland County, Vermont, was attacked by a group of six people, prompting him to pull a gun.
That’s when one of the men in the group fired, leading to an exchange of seven or eight gunshots, police said.
The shootout was heard by several Saratoga Springs police officers, who can be seen on nearby security footage arriving within seconds.
In the footage, officers are heard repeatedly yelling at Caselnova to drop his gun, but he refuses. Police then open fire, striking him numerous times.
Caselnova suffered a total of 10 gunshot wounds but survived. His girlfriend was also grazed by a bullet and was treated at a hospital.
The other man involved in the shooting suffered minor injuries.
Caselnova was scheduled to go to trial for attempted murder and possessing a firearm in a “sensitive location” in October 2023.
However, in a ruling issued Wednesday, Sept. 20, Acting Supreme Court Judge James Murphy granted his attorney’s motion to dismiss all charges.
In his ruling, Murphy criticized the Saratoga County District Attorney’s Office’s presentation to the grand jury as “so flawed” and “not fair in any sense of the word,” WNYT reports.
Murphy said prosecutors may still present the case to a new grand jury.
“The court’s decision raised issues with the way the case was presented–it does not absolve Mr. Caselnova of any wrongdoing,” Saratoga County DA Karen Heggen said.
“We will take our time to thoroughly review the court’s concerns and will move forward with the case.”
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