DA: No charges in death of ATF agent killed in Seaford

(AP) - Nassau County District Attorney Kathleen Rice says no criminal charges will be filed in connection with a friendly-fire shootout that left a federal

GARDEN CITY - (AP) - Nassau County District Attorney Kathleen Rice says no criminal charges will be filed in connection with a friendly-fire shootout that left a federal agent dead after a pharmacy robbery.

Rice tells The Associated Press two bystanders were justified in using deadly force during the New Year's Eve robbery in Seaford.

The bystanders were an off-duty New York City police officer and a retired Nassau County police lieutenant. They were in a deli when someone said a robbery was happening nearby.

When they arrived, they saw the robbery suspect and John Capano, a Bureau of Alcohol, Tobacco, Firearms and Explosives agent, wrestling for a gun. The weapon fired a bullet that nearly hit the ex-lieutenant.

The ex-lieutenant fired, killing the agent. The NYPD officer then killed the robbery suspect.

Wake held for ATF agent killed in pharmacy holdupSources: Friendly fire likely killed ATF agent in SeafordCops probe possible friendly fire in death of ATF agent

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