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NY Attorney General will not pursue criminal charges against State Trooper involved in a deadly shooting in Gates last year

northcountrypublicradio.org

New York State Attorney General Letitia James released a report on the death of a man shot by a State Trooper in August of last year, and that report has determined that there will be no charges brought against Trooper Dominick Caito.

The investigation of the August 6, 2023 incident, which ended in Gates, included body-worn camera footage, and interviews with the trooper and a witness.

Just before 9:30 p.m. on that evening, State Police were pursuing a car traveling west on I-490 in Rochester, after police said the driver, 35-year-old Daniel Legler of Chili, refused to comply with an attempted traffic stop.

Authorities said that it appeared at some points, Legler’s vehicle reached up to or over 100 miles an hour.

Later in the chase, Legler’s car got off an exit for the Rochester Tech Park in Gates. Police said his car hit a guardrail and a curb and landed in a nearby field.

According to officials, Trooper Caito ordered Legler to stay in his car, but they said he did not comply. Authorities said Legler also refused to show the trooper his hands.

After that point, Legler stumbled backwards to the ground and during a struggle where the trooper tried to place Legler in handcuffs, the trooper heard a shot fired and backed away.

The AG’s report said the trooper then saw a gun in Legler’s hand and fired his gun in response. The report said that the trooper ordered Legler to remain on the ground, but Legler tried to stand up and the trooper fired his gun, striking Legler, who was later pronounced dead at the scene.

Officers also recovered a gun at the scene.

According to the Attorney General, given the circumstances and the state’s justification law, a prosecutor would not be able to disprove beyond a reasonable doubt that the trooper’s use of deadly physical force against Legler was justified.

The AG’s Office of Special Investigation has determined that criminal charges should not be pursued in this incident.

Randy Gorbman is WXXI's director of news and public affairs. Randy manages the day-to-day operations of WXXI News on radio, television, and online.