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