Lawyer: Retired Nassau cop thought he shot Seaford suspect

As family and friends gather to mourn ATF agent John Capano at his wake tonight, new details are emerging regarding the circumstances of his death.

SEAFORD - As family and friends gather to mourn ATF agent John Capano at his wake tonight, new details are emerging regarding the circumstances of his death. Capano, 51, was picking up cancer medication for his father at Charlie's Pharmacy in Seaford on New Year's Eve when a man armed with a pellet gun tried to hold the store up. Capano was struggling with the suspect, James McGoey, when a retired Nassau police lieutenant and an off-duty NYPD officer ran over to assist. A lawyer for former Nassau Lt. Christopher Geraghty says his client fired the shot that killed Capano, mistaking him for the suspect. Davis says his client yelled out, "We're police, who's the good guy?" while Capano and McGoey wrestled for a gun. That weapon fired in Geraghty's direction, Davis says, prompting Geraghty to return fire, fatally shooting Capano. Davis called it a "horrible situation," saying his client would never get over it.Mourners gathered today at the Charles Schmitt Funeral Home in Seaford for Capano's wake. His funeral has been scheduled for tomorrow at St. William the Abbot Catholic Church.Police are expecting hundreds of funeral attendees and are shutting down several roads in Seaford. Officials say from 9 a.m. to 2 p.m., Jackson Avenue will be closed in both directions between Waverly and Sunrise Highway. Seamans Neck Road and Washington Avenue will both be shut down from Waverly to Sunrise. Also, Sunrise Highway and Waverly will be subjected to periodic closures between Seamans Neck and Washington Avenue.

Cops probe possible friendly fire in death of ATF agentPolice: Suspect, ATF agent killed in Seaford pharmacy robberyPolice identify suspect killed in Seaford pharmacy robbery

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