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Confidential Document Sheds Light On Friendly Fire Shooting Death Of ATF Agent John Capano

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ATF Agent John Capano (Courtesy ATF)

ATF Agent John Capano (Courtesy ATF)

SEAFORD, N.Y. (1010 WINS) – A Long Island pharmacist, who witnessed the friendly fire shooting of an ATF agent, said a retired police officer shot the agent in the back without warning, according to a confidential document placed on the website of the District Attorney’s office “in error.”

Agent John Capano, 51, was shot and killed during a pharmacy robbery in Seaford on Dec. 31, 2011 while picking up a prescription for his father at Charlie’s Family Pharmacy on Merrick Road.

EXTRA: Read The Document (pdf)

Retired police officer Chris Geraghty, who owns the Seaford Deli next to the pharmacy, came upon the scene and through his attorney said he was yelling “We’re police!” and “Who’s the good guy?

1010 WINS’ Mona Rivera reports

Geraghty said he was fired on first, and then accidentally shot and killed Capano.

“He thought he shot the perpetrator of this thing. This happened within a matter of 5-10 seconds. He didn’t have to learn that it was his bullet, my client knew. His life will never be the same,” Geraghty’s attorney, Brian J. Davis, said last month.

A security camera captured the pharmacy robbery as cash and hundreds of painkillers were stolen by a career criminal brandishing a pellet gun that appeared to be a .45 caliber.

Investigators said Agent Capano chased suspect James McGoey and shot him in the leg. They then struggled for his gun as the retired lieutenant and a deli customer, an off-duty NYPD officer, were alerted and ran into the scuffle.

Both Capano and the suspect were shot and killed.

The pharmacist disputes Geraghty’s claims and said the first shot he heard was from the retired officer’s revolver. He claims Geraghty took out the gun, put it to the back of the agent and fired one round without saying anything.

The pharmacist’s version — recorded in an internal memo from the Nassau County District Attorney’s office — was accidentally posted on the web.

“A confidential internal memorandum from an ongoing investigation was mislabeled and placed on the District Attorney’s web site in error,” the district attorney’s office said in a statement. “This interview represents just one of many perspectives of the Seaford tragedy and no conclusions should be drawn from it.”

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The statement went on to say, “The District Attorney’s Office is reviewing our electronic security procedures to prevent such accidental disclosures in the future.”

The document has since been removed but 1010 WINS was able to obtain a copy.

Davis says the pharmacist’s version is wrong and that “in those circumstances, 20 people will see things 20 different ways.”

Capano, who lived in Massapequa, left behind a wife and two teenage children.

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