Sep 24, 2024
ROCHESTER, N.Y. (WROC) — New York State Attorney General Letita James' Office of Special Investigation released its report into the shooting death of Daniel Legler Tuesday. It determined no criminal charges should be pursued against the New York State Trooper who killed him. Legler, 35, was shot by Trooper Dominick Caito in August 2023 after a police chase which started on I-490 West near Innovative Field ended in a crash near Rochester Tech Park. Investigators said Legler did not stop when troopers tried to pull him over for an expired license plate. Police chased his car until he hit a rail, jumped a curb, and crashed into a field in Gates. Body camera footage released last year shows Caito ordering Legler to stay in his car, saying, “I have K9. K9 will get you.” When Legler exits the car, Caito tells him to stay inside, saying he is at gunpoint. Watch the full video (contains explicit language and graphic images) Caito demands to see Legler's hands, warning him that he will be tased. Legler drops to the ground, at which point Caito tells him to roll over onto his chest. When Legler begins to sit up, Caito pushes him back, again commanding him to roll over and warning him that he will be tased. Caito puts his hand on Legler's arms and chest, commanding him multiple times to roll over. Then there is a loud pop. Caito backs up and five gunshots are heard in the video. Caito again orders Legler to get on the ground multiple times. He fires once more, and Legler falls. According to the AG report: "The trooper asked Mr. Legler to turn around to be placed under arrest. Mr. Legler then stumbled backward to the ground and a physical struggle ensued as the trooper attempted to place Mr. Legler in handcuffs. During the struggle, the trooper heard a shot fired and backed away from Mr. Legler. The trooper then saw a gun in Mr. Legler’s hand and discharged his service weapon in response. The trooper commanded Mr. Legler to remain on the ground, but Mr. Legler attempted to stand up and the trooper discharged his service weapon, striking Mr. Legler. Mr. Legler was pronounced dead at the scene. Officers recovered a gun at the scene." According to the AG's OSI report, a prosecutor would not be able to prove beyond a reasonable doubt that the trooper was not justified in using deadly force against Legler. It determined criminal charges should not be pursued.
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