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"He's devastated," attorney Brian Davis said of Geraghty. He said he is aware the Capano family does not blame him for the tragic outcome, and has sent a note of condolence, but said the shooting "will be with him for the rest of his life." A spokesman for the ATF said Thursday that although Capano was not scheduled to be working that day
-- he was on bereavement leave because his mother had died in mid-December
-- his death is still considered to have happened in the line of duty. Spokesman Steven Bartholomew said that when Capano took action to stop the robbery in progress, he was acting as an ATF agent. The shooting was the second friendly fire incident in Nassau County in the last year. A Nassau police officer in plainclothes was shot to death in March by a transit authority officer in Massapequa Park. It was the second deadly holdup in a pharmacy on Long Island in 2011. In June, a gunman killed two store employees and two customers before fleeing with a backpack filled with painkillers.
[Associated
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