BALLSTON SPA, N.Y. (NEWS10) — The Saratoga County District Attorney has appealed a decision to toss out an indictment against one of the people involved in an officer-involved shooting in Saratoga Springs.

A judge dropped the eight charges against Vito Caselnova in September citing the prosecution’s presentation to a grand jury was flawed. The judge concluded that the jury did not receive proper instructions on what to consider and did not properly explain the state’s self-defense law. The ruling gave the DA’s office the chance to file new charges.

The shooting took place in November 2022 on Caroline Street. Officers were responding to a dispute between Caselnova and a group of people from the Utica area. They were also charged in connection with the shooting.

Police said they fired their weapons after Caselnova did not respond to repeated commands to drop his weapon. Caselnova, a Vermont sheriff’s deputy, said he did not hear them and said he and his girlfriend were injured.