The Office of Special Investigation (OSI) under New York Attorney General Letitia James has released its report on the death of Anthony Zaremski, who died after an encounter with Saratoga County Sheriff’s Office (SCSO) deputies in Clifton Park on May 23, 2023.
According to the OSI report, members of SCSO’s special operations team (SOT) entered Mr. Zaremski’s apartment to execute a federal search warrant related to a Drug Enforcement Agency investigation. The SOT team was not wearing body-worn cameras (BWCs). Upon entering, they found Mr. Zaremski in bed and instructed him to show his hands. As deputies approached, Mr. Zaremski raised a pistol and fired 12 shots at them, injuring one deputy and striking the protective gear of two others. The lead deputy returned fire, shooting Mr. Zaremski in the head and leg.
Mr. Zaremski was transported to a local hospital where he was pronounced dead. Law enforcement recovered a firearm at the scene.
The OSI concluded that under New York law regarding justification for use of deadly force by police officers, “a prosecutor would not be able to disprove beyond a reasonable doubt that the shooting officer reasonably perceived his life and the lives of his fellow deputies were in danger when he fired his weapon,” and therefore no criminal charges will be pursued.
The OSI also made recommendations regarding police practices during such operations. It stated that SCSO should require all SOT members to wear and activate BWCs during encounters with the public unless confidentiality is necessary, in which case video should continue but audio may be deactivated by order of an on-site commander. The report noted that while some deputies outside the apartment had BWCs activated, their footage did not capture events inside where the shooting occurred.
“If the SOT team had been equipped with BWCs, there would have been video footage confirming that they announced their presence upon entering Mr. Zaremski’s apartment and provided more details on the exchange of gunfire that led to Mr. Zaremski’s death and serious physical injury to a deputy,” according to OSI.
The office continues to recommend that all police departments equip officers with body-worn cameras and follow appropriate confidentiality protocols as needed.