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.
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