Lawyer: Client devastated by ATF agent's NY death

January 5, 2012 - 5:39 PM

GARDEN CITY, N.Y. (AP) — An attorney for a retired police lieutenant who fired the shot that killed a federal agent trying to thwart a New Year's Eve pharmacy robbery on New York's Long Island says his client is "devastated."

Attorney Brian Davis said Thursday retired Nassau County police Lt. Christopher Geraghty has sent a personal note of condolence to the family of Bureau of Alcohol, Tobacco, Firearms and Explosives agent John Capano.

Geraghty and an off-duty New York Police Department officer were in a nearby deli when they heard a woman say the family pharmacy was being robbed. They found Capano and the stickup man wrestling outside the Seaford pharmacy.

Davis says a shot was fired toward his client and he returned fire. He says his client only learned later he had struck an ATF agent.

Nassau County police haven't commented on the investigation.