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Weigh in on ATF Shooting Report

The District Attorney released a report Monday clearing two police officers in the shooting death of an ATF agent from Massapequa. Do you agree?

A retired Nassau County police officer and an off-duty New York City police officer will not face criminal charges in connection with the New Year's Eve shooting death of ATF agent John Capano of Massapequa.

Nassau County District Attorney Kathleen Rice issued a report Monday on the death of Capano, who was killed while breaking up a robbery at a Seaford pharmacy.

The retired officer who responded to a call for help, did not know who was responsible for the robbery, struggled with Capano for his gun and mistakenly shot the ATF agent.

But the report said the officer's use of deadly force was warranted since it was reasonable for him to fear for his life when Capano's gun was turned towards him at one point.

The NYPD officer was cleared of shooting the actual robber since he did not listen to police commands, according to the report. 

We want know what you think. Did the report get it right? Take our poll below and weigh in with your comments.

MTR July 17, 2012 at 02:47 PM
If it was an armed citizen, he would have been in jail for the next 20 years, but since it was an off duty cop, he can walk. Very sad for the family of the ATF agent.
David Rosenthal July 17, 2012 at 03:14 PM
The retired Lt. should have known who was who before being a part of the fight. Why would someone voluntarily try to help without knowing the facts. Assuming is not part of good police work. One mistake claimed the life of a father, husband, breadwinner, and an upstanding agent trying to make a difference. I feel for the family of the fallen agent. May he rest in peace.
M Hayes July 17, 2012 at 10:17 PM
The comments above, only go to prove, how unrealistically some think.. The two NYPD officers who went to the scene, were confronted with a crime in progress, not, a time for formality, they reacted , as they were trained to.. Thank God for such men..The tragic death was caused by the actions of the CRIMINAL..It is so easy, to throw stones, when in reality,one cannot toss sand..
MTR July 17, 2012 at 10:24 PM
Yes Mr. Hayes I completely agree, and if it was a concerned armed citizen. He would be put in jail for life.
M Hayes July 17, 2012 at 10:49 PM
Michael, would you prefer, if, you were being mugged, that an off duty officer, who might just be in the vicinity, first confirm, that the Mugger really meant you harm, before he committed himself to rescuing you?? I think not, your concern would be for your own welfare.. As for the concerned armed citizen, me thinks you would welcome his help gladly, and not be overly concerned if he came to harm in helping you.... Since you think so poorly of the police, may I suggest, that, if ever you are in dire straits, Call a Plumber.
jean g July 17, 2012 at 11:18 PM
I will not judge the retired police officer who has to live the rest of his life with what happened. However I would just like to say the robber had the drugs.....was heading out....police were probably on thief way. Sometimes it is SAFER not to try to stop and armed robber in a public place when he was leaving without hurting anyone. I say leave the chasing of the criminals to people who EVERYONE can see are police. Then there's no confusion. To be on the ground wrestling around and not be sure who is the criminal never ends well. As we know from March when a retired officer yelled in a chaotic scene "He's got a gun" and an innocent Special unit officer loses thief life. All too sad. Though I do believe there should be no criminal charges it was A Horrific account identify.
MTR July 18, 2012 at 01:21 AM
Totally agree Jean G, and again, if it was an armed citizen with a legal gun, he would be in jail for life, for doing exactly the same thing.
jean g July 18, 2012 at 02:02 AM
@ Mr Hayes the difference between Michael being mugged and this is you would be stepping into a crime IN progress while Michael was in Harms way. This crime the robber was leaving the with his drugs and entering a very busy shopping area where people including children are walking about and Noone was in harms way. Now it was only about catching a robber. It turned into a killing of a robber and an innocent man. I'm sorry I will never understand.
M Hayes July 18, 2012 at 03:55 AM
Jean, exactly what do you think , was happening, when the two NYPD officers, one retired, were informed of the robbery taking place, they were out doing errands, but, they responded, as they would, had they been on duty, they confronted the situation. they did not hold a meeting as to, "Gee, what should we do"?They reacted. the death, is a regrettable one, a good man killed, a waste of an admirable life, caused, by the actions of a lesser being.. but, please don't stand on the sidelines, and profess your indignation of those that responded, talk is cheap, as your laments are proving..And Jean, it is Mrs Hayes...
Massa July 18, 2012 at 02:53 PM
Let's not forget that the ATF agent was the first one of all the off duty officers to react and start the pursuit of the suspect, if he hadn't taken action, thing might have been a lot different, he reacted because that is what a good law enforcement officer does.None of use were there, so no one can play Monday morning quarterback. It comes with the job of a law enforcement officer, always on duty, even when you are off duty.Micheal R.... I am glad you aren't a police officer, because you sound like someone who would turn the other way and go about your business. The Massapequa area has one of the highest number off city cops living here, if you don't like that, maybe you should do everyone a favor and move.All you do is bash all the cops.
Massa July 18, 2012 at 03:05 PM
Jean, you have to understand that this druggie went to that location to do an ARMED ROBBERY. This was not a good man, he had been in and out of jail many times over the years. Please remember what happen to all those innocent people in the pharmacy out east last year..... Do you remember what happened to them? I do, they were killed by a druggie like the one in Seaford who went into this pharmacy with the same intentions as the last druggie, and that was to steal drugs. When they are desperate they will do whatever it takes to get away. Please think about that. If a civilian got in his way, they would have been shot or killed also. This is real life.
M Hayes July 18, 2012 at 08:58 PM
Massa, Many thanks for the clarification, when your on The Job, you are always, on The Job, again cudos .....

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