A state investigation found no criminal wrongdoing by sheriff’s deputies involved in a fatal shooting during a drug investigation in Clifton Park.
The New York Attorney General’s Office of Special Investigation released a report Friday concluding prosecutors could not disprove that an officer acted lawfully when he fatally shot a man who opened fire on deputies in May 2023.
What happened
According to the report, deputies with the Saratoga County Sheriff’s Office went to an apartment early May 23 to secure the scene for federal agents executing a Drug Enforcement Administration search warrant.
Members of the sheriff’s special operations team entered the apartment and encountered Anthony Zaremski in a bedroom at the end of a hallway. Deputies told him to show his hands as they approached.
Investigators said Zaremski raised a pistol and fired 12 shots. One deputy was shot in the leg, a second had a round graze his helmet, and a third was struck in his ballistic vest.
The lead deputy returned fire, striking Zaremski in the head and leg. Deputies transported him to a local hospital, where he later died. Investigators recovered a gun at the scene.
Legal findings
Under New York law, police may use deadly force if they reasonably believe it is necessary to defend against deadly force.
The investigation found that a prosecutor would not be able to prove beyond a reasonable doubt that the deputy’s actions were unjustified, given that Zaremski fired repeatedly at deputies and seriously injured one officer.
Based on that finding, the Attorney General’s Office said it will not pursue criminal charges.
Body camera concerns raised
The report also highlighted concerns about body-worn cameras.
Members of the special operations team were not equipped with body cameras during the operation. Other deputies on scene had cameras, but they were not inside the apartment when the shooting occurred, limiting available footage.
The Office of Special Investigation recommended that the sheriff’s office require special operations deputies to wear and activate body cameras during encounters with the public. In situations requiring confidentiality, investigators suggested keeping video recording while muting audio when necessary.
Investigators said body camera footage could have confirmed whether deputies announced their presence and provided clearer details about the exchange of gunfire.
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