SARATOGA SPRINGS, NEW YORK — An off-duty Vermont officer, Vito Caselnova, has been accused of igniting a violent encounter while he was out drinking in downtown Saratoga Springs last year, according to a recent court filing. Caselnova is alleged to have challenged another group to a fight, even as they were walking away, all while possessing a fully loaded 9mm pistol and an additional loaded magazine.
Prosecutors detail how Caselnova went out without any form of payment, but carried his firearm, loaded with a total of 28 rounds. Instead of carrying identification, he brought his Rutland County Sheriff’s Department badge. Although he had a legal concealed-carry license, he broke the law by having magazines with over 10 rounds each.
Upon trying to enter The Bourbon Room at 1:09 a.m., he was asked for identification. Caselnova showed his badge and was allowed inside. Later, after causing a commotion by arguing with his girlfriend, both inside and outside the venue, he was asked to leave. Surveillance footage showed Caselnova physically attacking another individual with no apparent provocation.
Meanwhile, another man, Alexander Colon, was recorded preparing to leave the area at around 3 a.m. He unlocked a pistol from his truck’s glove compartment, a move he defended in court as wanting to prevent theft from a running car.
Tensions escalated when both groups crossed paths. Disrespectful remarks were exchanged, and after a brief physical altercation, Caselnova brandished his weapon. In response, Colon drew his gun, and within moments, both fired at each other, hitting each other with at least one bullet.
Soon after, Saratoga Springs police officers arrived at the scene. Caselnova, allegedly, turned his weapon on them and was shot in return. He was subsequently arrested and charged with attempted murder, assault, menacing, and reckless endangerment, while Colon and his companions were charged with misdemeanor assault.
Caselnova’s defense attorney, Greg Teresi, challenged the prosecution’s account, arguing that the available footage and audio do not conclusively determine what transpired. He acknowledged that Caselnova identified himself as police and told Colon to get down but emphasized that his client was trying to diffuse the situation. Regarding Caselnova’s failure to respond to police orders, Teresi pointed to the possibility of “auditory exclusion,” a phenomenon where individuals might not hear properly during intense situations like gunfights. Teresi emphasized that conclusions should be based on concrete facts rather than assumptions.
