Saratoga County District Attorney Karen A. Heggen announces that Vito E. Caselnova, dob 1/20/98, of Glens Falls, New York was arraigned today by Saratoga County Court Judge James A. Murphy, III on an eight-count sealed Indictment charging Caselnova with the following:  Attempted Murder in the Second Degree, a Class B violent felony, in violation of New York State Penal Law sections 110.00/125.25(1); Assault in the First Degree, a Class B violent felony, in violation of NYS Penal Law section 120.10(1); Menacing in the Second Degree, a Class A misdemeanor, in violation of NYS Penal Law section 120.14(1); Reckless Endangerment in the Second Degree, a Class A misdemeanor, in violation of NYS Penal Law section 120.20; Possession of a Firearm in a Sensitive Location, a Class E felony, in violation of NYS Penal Law section 265.01(e); two counts of Possession of a Large Capacity Ammunition Feeding Device, a Class D felony, in violation of Section 265.02(8); and Harassment in the Second Degree, a violation, in violation of NYS Penal Law section 240.26.

This Indictment stems from an incident that occurred on Sunday, November 20, 2022 in the City of Saratoga Springs. The Grand Jury investigation involved review and consideration of the efforts of many law enforcement agencies, including the Saratoga Springs Police Department and several units of the New York State Police, along with information provided by local citizens.  The Saratoga County Grand Jury reviewed the substantial evidence presented to them and determined the appropriate charges.

District Attorney Heggen noted, “The Grand Jury investigation and decisions were neither rushed nor reached lightly, as it took a considerable amount of time to identify, compile and review testimony, evidence and information surrounding the events of November 20, 2022.  The Grand Jury’s ultimate decision is reflected in the charges that were voted.”  She went on to say “Here, the necessary steps were taken to gather as much eyewitness, video, photographic, and physical evidence as could be collected in order to ensure that the Grand Jury was able to make an informed decision.”

In contrast to the thorough and significant review, Heggen reflected on “the unprecedented, unilateral decision, Saratoga Springs Public Safety Commissioner Montagnino and Mayor Kim made to release two very short video clips at a press conference held a mere 10 hours after the shooting while the vast majority of the evidence had not been collected and reviewed.  With the investigation in its infancy, Montagnino and Kim jumped to conclusions and set forth a narrative based on speculation, not evidence. “  

Heggen concluded, “Regardless of its size or complexity, our job in every case is to thoroughly gather, review, and consider all the relevant evidence in order to allow a grand jury to make an informed decision.  That is what occurred in this case.”