ROCHESTER, N.Y. (WROC) — New York State Police released body camera footage Friday from the night a state trooper fatally shot a man in Gates.
The footage is from the body-worn camera of Trooper Dominick Caito, a 9-year veteran who shot Daniel Legler August 6 after a police chase beginning on I-490 West near Innovative Field and ending in a field near Rochester Tech Park.
According to investigators, Caito attempted to pull over Legler’s car when he noticed an expired license plate. Legler, 35, who was later identified as a convicted felon, allegedly sped away. Police gave chase until Legler hit a rail near Rochester Tech Park, jumped a curb, and crashed in a field.
The two-minute body camera video begins with Caito leaving his patrol car and running toward Legler’s car. He shouts at Legler, ordering him multiple times to “stay in the car” and saying, “I have K9. K9 will get you.”
Legler is seen exiting from the driver’s side of the car.
“Stay in the car,” Caito says. “You’re at gunpoint.”
Caito again commands Legler to stay in the car, then tells him “K9’s coming.” As Caito approaches, he begins shouting at Legler, “Let me see your hands.”
When Legler moves to the opposite side of the car, Caito again demands to see his hands, then says, “You’re gonna get tased.”
Legler drops to the ground. Caito orders him to stay there, then points and commands him to roll over onto his chest.
When Legler attempts to sit up, Caito rushes forward and pushes him back, again commanding him to roll over.
“Don’t do it,” Legler says.
“You’re gonna get tased,” Caito says. “You’re gonna get [expletive] tased.”
“Don’t do it,” Legler says.
Caito puts his hand on Legler’s arms and chest, commanding him multiple times to roll over.
Then there is a loud pop.
“Oh [expletive],” Caito says, and quickly backs away.
Five gunshots can be heard in the video. Caito says “shots fired” three times. He then orders Legler to get on the ground multiple times.
As Caito raises his arms, Legler can be seen standing once again in the field. Caito fires one more time and Legler falls.
“I got shots fired. Shots fired,” Caito says. “I say again shots fired in the field. Suspect’s down. He’s got a gun but I don’t know where it’s at. I’m backing up to cover.”
The video ends there.
Watch the full video (contains explicit language and graphic images)
Days after the shooting, NYSP Captain Samuel Spezio said he had reviewed the body camera footage and believed Caito acted according to his training. Investigators also said Legler was carrying an illegally possessed firearm, and had cocaine in his system.
The New York State Attorney General’s Office is investigating the incident per New York State law.
This is a developing story. Check back for updates.