The Saratoga County District Attorney wants a higher court to reinstate the attempted murder charge against Vito Caselnova.

As NewsChannel 13 reported last month, Judge Jim Murphy dismissed the 10-count indictment against the Glens Falls man who exchanged gunfire with men from Utica on Broadway in Saratoga Springs in November. The judge found that the D.A. made serious errors when they presented the case to the Grand Jury.

First Assistant District Attorney Al Poremba has filed a notice of appeal, putting the court on notice that he will try to overturn Judge Murphy’s decision and restore the attempted murder charge against Caselnova.

Caselnova was an off-duty Rutland County sheriff’s deputy at the time of the shootout. The judge’s decision did not change the finding that police did nothing wrong.