Attorney General James’ Office of Special Investigation Releases Report on Death of Anthony Zaremski

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Anthony Zaremski, who died on May 23, 2023, following an encounter with members of the Saratoga County Sheriff’s Office (SCSO) in Clifton Park, Saratoga County. After a thorough investigation, which included review of body-worn camera (BWC) footage, interviews with involved officers and witnesses, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s actions were justified under New York law. 

During the early morning hours of May 23, members SCSO’s special operations team (SOT) went to Mr. Zaremski’s apartment in Clifton Park to execute a federal search warrant as part of a Drug Enforcement Agency (DEA) investigation. The SOT team was not equipped with BWCs. 

The SOT team entered the apartment and saw Mr. Zaremski lying in bed in a bedroom at the end of a hall. The SOT team told him to show his hands as they approached. As the lead deputy walked through the hallway, Mr. Zaremski raised a pistol and began shooting. He fired 12 times, shooting the lead deputy in the leg, grazing a second deputy’s helmet, and striking another deputy’s ballistic vest. The lead deputy returned fire and shot Mr. Zaremski in the head and leg. The lead deputy underwent surgery and was later released from the hospital. Mr. Zaremski was transferred to a local hospital, where he was later pronounced dead. Law enforcement recovered a gun at the scene. 

Under New York’s justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, deputies went to Mr. Zaremski’s apartment to secure the apartment for DEA agents to search. When deputies encountered Mr. Zaremski, he was armed with a gun and ignored instructions from deputies to show his hands. Mr. Zaremski fired 12 times at the deputies, seriously injuring one deputy and striking the protective gear of two more. The OSI concluded that 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 OSI determined that criminal charges would not be pursued in this matter.

The OSI recommends that SCSO require SOT members to equip themselves with and activate BWCs during every encounter with members of the public unless there is reason for the communication to be kept confidential. In such cases where confidentiality is needed, the on-site commander should direct the SOT team to deactivate BWC audio but keep video going. The OSI consistently recommends that all police departments equip officers with BWCs. In this case, deputies who were not a part of SOT were equipped with BWCs, but the footage and audio were limited as they were not inside the apartment where the shooting took place. 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. Therefore, OSI recommends that the SOT team be equipped with BWCs and follow confidentiality protocols as needed.