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Memo Disputes Retired Cop's Account Of Killing ATF Agent In Friendly Fire Incident

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Photograph via NBC New York

A memo that was accidentally posted to the Nassau County DA's website reveals a different version of events surrounding the killing of an ATF agent who was trying to stop a pharmacy holdup in Seaford, Long Island. ATF agent John Capano was killed by a shot fired by a retired Nassau County cop, and the memo suggests the cop fired without asking who the perpetrator was.

Capano and holdup suspect James McGoey were struggling on the ground, when Christopher Geraghty, a retired Nassau County police lieutenant, ran out of a neighboring deli that he owns along with off-duty NYPD cop Joe Abria. Geraghty's version, per his lawyer, Brian David:

"Geraghty and Abria heard the commotion and when they got outside and found Capano and McGoey struggling for a gun, Davis said.

Their own guns drawn, Geraghty and Abria yelled, “Police! Police! Drop the weapon!” according to Davis.

Geraghty also yelled, “Who's the good guy? Who's the good guy?”

Davis said when there was no answer, Geraghty joined in the fight and then suddenly there was a shot. Believing he was being shot at, Geraghty fired — and killed Capano.

However, the memo states that the pharmacist who trailed Capano and McGoey from the store described it differently. Via Newsday:
When he reached the sidewalk in front of the store, the pharmacist "observed Capano and McGoey chest to chest in a struggle," with Capano on top and McGoey on his back on the ground. The pharmacist knew Capano was an ATF agent, the memorandum said.

The pharmacist heard a voice he presumed to be McGoey's say, "I've got your gun, I've got your gun, I'm going to shoot you," the document said.

The pharmacist "had his weapon drawn and pointed at both Capano and McGoey," it said.
"[The pharmacist] called out to Capano several times, 'John, what do I do?' " but got no response, the memorandum said.

Then, the pharmacist told investigators, he saw Geraghty, 54, who was working at the nearby Seaford Deli, "jump on top of the pile, on top of Capano," according to the memorandum. "Chris works at the deli a few doors down from the pharmacy, and [the pharmacist] had met Chris before."

The pharmacist told investigators he saw Geraghty display "a revolver type handgun in his right hand. [The pharmacist] observed Chris take the revolver, put it to the back of Capano, and fire one round," the memorandum said.

The account continued, "[The pharmacist] did not hear Chris say anything."

The pharmacist "immediately told Chris that he had shot the wrong man by stating to Chris 'no Chris, wrong guy.' Chris responded by turning his head and looking at [the pharmacist], and asking [the pharmacist], 'who is the bad guy?' [The pharmacist] pointed at McGoey and said 'no, that guy.' Chris again looked back and said 'which guy?' and [the pharmacist] continued to point at McGoey and say 'that guy,' " the document said.

Long Island is home to many off-duty, on-duty and retired cops: Last March, an MTA cop accidentally killed a plainclothes Nassau County cop, because a retired NYPD cop had yelled in reference to the plainclothes cop, "He's got a gun!"

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Comments [rss]

  • Why isn't there this much investigation blowback when a cop shoots an unarmed teen in a bathroom?

  • whodiditandran

    What are the odds that not one, but three off-duty/ex cops happen to present at a robbery in progress? Are there any protocols in place for a situation like this? I guess the answer lies in the sad result...no.

  • Spirit of 76

    Like all the 2nd Amendment fanatics like to say, having more guns around in chaotic situations sure makes us all safer. Just ask the ATF agent.

  • Hint: if you don't know who the good guy is, DON'T FUCKING SHOOT.

  • SonnyBobiche

    Shooting first and asking questions later is funny in action movies  but in real life it leads to a horrible tragedy like this. 

    I'm sorry, but if the pharmacist's story is confirmed, Geraghty should be tried for murder.

  • Joey__Blow

    not at all.. manslaughter if anything.

  • SonnyBobiche

    You are right; "mens rea" and all that.

  • Gothamistriss

    I can understand why we don't like cops (they are always in the headlines and give us very expensive tickets), but you have to admit it is pretty noble to put your life on the line even when you're not working. Especially knowing the danger isn't just the bad guy, but other good guys trying to help who may mistake you for the bad guy. I couldn't imagine going to work and not knowing if i'd see my family again, let alone being off the clock and having to worry about the same.

  • TakeThePledge

    Such a shame. Similar to how marines are never 'former marines' cops are never 'off duty.' When NYT reported on this they talked about how cops are mandated to act in situations like these. They can actually be held criminally liable if they just walk by. By nature I don't think any of them would (just like a fireman wouldn't drive past a house on fire), but it's a pretty crazy concept. 

  • Somebody has some explaining to do

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