Off-duty sheriff’s deputy charged with attempted murder in Saratoga Springs shootout

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The off-duty Rutland County sheriff’s deputy involved in the November shootout involving police on Broadway in Saratoga Springs has pleaded not guilty to the eight-count indictment against him.

Vito Caselnova, 25, appeared in Saratoga County Court on Tuesday afternoon.

The charges against him include attempted murder, assault, menacing, and reckless endangerment.

Caselnova, who lives in Glens Falls, was shot by Saratoga Springs Police while he was involved in a shootout with men from the Utica area.

Police body cam video showed Caselnova refusing to drop his gun when police ordered him to.

These are the counts Caselnova is facing:

  • Count 1: Attempted murder in the 2nd degree – a class B violent felony. Most severe sentence is up to 25 years in state prison plus 2.5 to 5 years of post-release supervision.
  • Count 2: Assault in the 1st degree – a class B violent felony. It carries with it a determinate range of up to 25 years, plus five years of post-release supervision.
  • Count 3: Menacing in the 2nd degree – a class A misdemeanor. Maximum sentence is 364 days.
  • Count 4: Reckless endangerment in the 2nd degree – a misdemeanor. Maximum sentence is 364 days.
  • Count 5: Possession of a firearm in a sensitive location – a class E felony. Maximum sentence is an indeterminate term of 1 1/3 to 4 years.
  • Count 6:
  • Possession of a large capacity ammunition feeding device. Class D non-violent felony. Maximum sentence 2 1/3 to 7 years.
  • Count 7:
  • Possession of a large capacity ammunition feeding device. Class D Felony. Maximum sentence 2 1/3 to 7 years.
  • Count 8: Harassment in the second-degree – a violation. Maximum sentence is 15 days in Saratoga County Jail.

Saratoga Springs Police Department released this statement:

“Our Officers testified before the grand jury and waived immunity for their actions.  The Grand Jury decision to exonerate our Officers confirms that they acted appropriately and justifiably during this stressful life-threatening situation.”

What asked about potential charges against the guys from Utica, Saratoga County District Attorney Karen Heggen released this statement:

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“I can’t comment as to whether they engaged in further actions at this point in time. Any potential other actions are such that until they are presented to a court they are sealed.”