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!"