AG releases footage of fatal State Trooper-involved shooting in Gates

GATES, N.Y. – The New York Attorney General’s investigation into the death of Daniel Legler, shot by a New York State Trooper last month, continues.

Letitia James’ office investigates every incident in which law enforcement may have caused the death of a person.

On Friday, the Officer of Special Investigation of the AG’s office released footage of the shooting. It came from Trooper Dominick Caito’s body-worn camera.

State Police say Caito was on patrol and pulled over a car with an expired inspection sticker on I-490. Police say Legler, 36, took off, heading west onto Route 530 before getting off at Rochester Tech Park, hitting a guide rail, jumping a curb, and driving onto a field. They say Legler did not comply when Caito told him to stay put. They say he then pulled out a revolver and fired, at which time Caito shot Legler. He died at the scene.

State Police have said Caito’s life was in danger.

The video shows Caito ordering Legler to stay in the car and telling him K-9 was on its way and would find him. He orders him to get on the ground and stay down. As he approaches, he repeatedly tells him to roll over, saying he’ll use a TASER.

“Don’t do it. Don’t do it,” Legler says.

A single shot goes off, Caito swears, then backs up running and fires several times.

“I got shots fired. Shots fired!” Caito yells into his radio. “Suspect’s down. Has got a gun but I don’t know where it’s at. I’m backing up to cover.”

The edited video is posted here. Warning: It contains profanity and violence.