SARATOGA SPRINGS, N.Y. (NEWS10) — The attorney for a woman who was injured during an officer-involved shooting in Saratoga Springs says he plans on filing a lawsuit against the city. Steve Coffey told NEWS10 he is representing the girlfriend of a Vermont sheriff’s deputy, who was also shot by officers after police say he refused their commands to put down his weapon after an alleged shootout between the off-duty deputy and a group of men from Utica.

Security and body cam video from that night captured the incident. Coffey claims his client was an innocent bystander whose boyfriend was acting in self-defense after the couple was “jumped” by the group of men.

“They assault her and her boyfriend. Some of the men actually tried to grab her and try to drag her into a truck. Or say things to the effect ‘let’s get her,’ and she has nothing to do with anyone,” Coffey said.

Saratoga officials have said that video shows the deputy, Vito Caselnova, indicating that he is armed, and that’s when another individual allegedly pulled out a handgun, began to fire, and then Caselnova returned fire. Coffey claims the officers who rushed in after hearing the shots overreacted when they fired upon Caselnova, and one of the bullets struck his girlfriend in the arm.

“She is standing off to the side. She’s not even in front of him. She’s off to his right, I believe, and she said, ‘don’t shoot, don’t shoot.'” Coffey said. “She’s got her hands up. And they end up shooting her. The commissioner said ‘we did everything right.’ No one thinks they did everything right. How can you possibly shoot a bystander and think you did everything right?”

Coffey said comments made the day after the shooting by the public safety commissioner that his client was grazed underestimates the injury. He says he will be filing a notice of claim against the city. 

NEWS10 reached out to the commissioner for comment, but he cited a gag order issued to all city officials by the Saratoga County District Attorney and refused to comment.