The early Sunday morning shooting in Saratoga Springs involving an off-duty Rutland County Sheriff’s Deputy will no longer be spoken about by Spa City officials following a restraining order issued Wednesday afternoon by a New York State Supreme Court Justice. The order was obtained by Saratoga County District Attorney Karen Heggen.
Deputy Vito Caselnova became involved in physical dispute with residents of the Oneida County City of Utica on Broadway in which gunshots were exchanged.
Saratoga Police heard the shots and responded, and as can be heard on body camera footage of the incident released by the city, yelled at Caselnova eight times to drop his weapon before firing, striking Caselnova as many as 10 times.
Caselnova’s attorney says his client did not hear the commands. He remains hospitalized.
A statement released by the District Attorney indicates she fears the further release of information or videos might hinder the ongoing investigation and perhaps taint any potential jury pool should the matter end up before a Grand Jury or in trial. Saratoga Springs officials have said they released the information in the interest of transparency.
As part of her press release, Heggen said “I didn’t want to do this. But I felt compelled to because of my legal and ethical duty to do so under the rules of professional conduct, in order to ensure the integrity of the ongoing investigation and to protect the Constitutional rights of all involved.”
The order is returnable Dec. 22. The Rutland County Sheriff, David Fox, has placed Deputy Caselnova on administrative leave.