SARATOGA SPRINGS – Three Utica men pleaded not guilty Tuesday to allegations they pummeled a Vermont deputy accused of shooting one of them last year on Caroline Street.
The criminal complaint against Alexander Colon, 28, and two of his friends, ages 28 and 29, indicates that on Nov. 20 they “attempted to cause an injury to a person by repeatedly punching him.” The charges are misdemeanors.
Colon appeared with his lawyer, Anthony LaFache, before City Court Judge Jeffrey Wait. His co-defendants were arraigned separately. They were represented by Saratoga County Public Defender Andrew Blumenberg.
In each case, the judge entered a not guilty plea for the men on the misdemeanor attempted assault charge.
Special Prosecutor Robert McCarty from the Warren County district attorney’s office, who is handling the matter, asked Wait to issue an order of protection for Vito Caselnova, 25, of Glens Falls. The part-time Rutland County sheriff’s deputy is accused of shooting Colon, a barber, on Broadway that moved to Caroline Street.
Caselnova was later shot by at least three responding Saratoga Springs police officers for allegedly disobeying repeated commands to drop the firearm. Parts of the encounter around 3 a.m. were captured on police body camera video.
LaFache objected to the order of protection, noting that “it’s a matter of optics” given that his client was shot multiple times and “came within an inch of his life” and that Colon is only been charged with a misdemeanor while Caselnova faces a much more serious attempted murder offense.
“My client will never make an attempt to contact this gentleman,” the lawyer said.
In the end, the judge sided with the defense, saying “I don’t think that’s (order of protection) an issue in this case.”
The men were released…
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