Post by onthejob on Jan 5, 2012 14:19:43 GMT -5
Attorney: Retired cop thought he shot bad guy
January 5, 2012 by MATTHEW CHAYES. AND JOHH VALENTI. / matthew.chayes@newsday.com., john.valenti@newsday.com
The attorney for the retired Nassau County police lieutenant who fatally shot an ATF agent during a New Year's Eve drug store robbery said Thursday his client thought he had shot the bad guy after a bullet whizzed by his head outside a Seaford pharmacy.
The fatal friendly fire shot was fired during a three-way struggle for off-duty ATF agent John Capano's gun.
Retired NCPD Lt. Christopher Geraghty, 54, of Woodbury, yelled "Who's the good guy? Who's the good guy?" as he dove into the wrestling match for the loose handgun in front of Charlie's Family Pharmacy Saturday morning, Garden City attorney Brian J. Davis said.
Davis said his client realized Capano, 51, was the good guy after he had fatally shot him, and off-duty NYPD officer Joseph Arbia, 29, of Seaford, had fatally shot the true suspect -- James McGoey, 43, of Hampton Bays.
"His life's never going to be the same," Davis said of Geraghty, who is staying out of state as he attempts to deal with the trauma of the shooting. Davis characterized Geraghty as "distraught" and said he is struggling with the fact he killed Capano.
Davis said both Geraghty and Arbia identified themselves as police officers prior to the fatal shot, yelling: "Police! Police! Put it down."
He said Capano didn't respond or identify himself as a law enforcement agent.
"I think he [Capano] was so focused on getting his weapon back that he's not able to focus on anything else," Davis said.
Davis said the entire incident took a matter of seconds.
He said Geraghty didn't realize Capano was "the good guy" until after he had shot the federal agent during the struggle and Arbia had shot McGoey.
During an interview with Newsday at his office Thursday, Davis said that Geraghty relayed his account of the incident during an hour-long meeting with homicide investigators Monday morning at NCPD headquarters in Mineola.
Davis also told Newsday that Geraghty has not been in contact with Capano's family, but said his client had written a card the lawyer will deliver to homicide detectives -- asking they pass it along to the ATF for delivery to the family.
The attorney gave the following account:
He said Geraghty was working at his Seaford deli Saturday morning when a frantic woman ran in screaming that someone was robbing the pharmacy next door.
Davis said Geraghty, still wearing his food-handling gloves, ran to the basement to retrieve his handgun and said that when his client returned to the main level of the deli Geraghty's wife, Lisa, pointed to Arbia, who was eating at the deli, and told her husband: "This guy is NYPD."
Then, Davis said, Geraghty's wife turned to Arbia, pointed to her own husband, and said: "He's retired Nassau."
The two men then ran out the back of the store, Davis said -- thinking the robber might attempt to flee through the back of the drug store, where there is a parking lot.
But, Davis said, there was no one there. And, within seconds, Davis said, the two heard the commotion out front and went down an alley running toward it -- Arbia running, at one point, about 10 or 15 feet ahead of Geraghty.
Turning the corner to the front of the store, Davis said his client and Arbia, both yelling "Police!" saw Capano and McGoey on the ground battling for control of a handgun.
"There's Capano and McGoey on the ground, chest-to-chest, with the gun between them, wrestling," Davis said.
At this point, Davis said, Geraghty went diving into the pile, also trying to gain control of the gun, yelling: "Who's the good guy? Who's the good guy?" But, Davis said, "There was no response."
Within a split-second, Davis said, the handgun was pointed at Geraghty -- and it went off, a shot whizzing past his client.
"Now it's turned back directly on my client," Davis said. "It goes off inches from his face."
Davis said Geraghty, believing in that instant Capano was the robber and was trying to shoot him -- and, not realizing Capano was, in fact, a federal agent -- fired his fatal shot.
Mortally wounded, Capano let go of the gun and, Davis said, McGoey grabbed for it. Arbia, realizing in that moment he was the robber, shot and killed McGoey, Davis said.
It was still not clear Thursday how many shots in all were fired during the incident.
Police said earlier this week that Capano, who had gone to the store to pick up a prescription for his father, had shot McGoey once in the leg inside the pharmacy before chasing him outside. Police also said that McGoey, who had prior convictions for drug store and other robberies, was carrying a silver pellet gun -- a gun that looked like a real .45-caliber pistol.
Davis said that in the immediate aftermath of the shooting Geraghty was in shock and said he had high blood pressure.
Earlier this week in an exclusive interview with Newsday, the Capano family said it doesn't blame Geraghty for what happened.
"We only blame one person for the whole thing, and that was the criminal," Tony Guerriero, 55, Capano's brother-in-law, said. He said that Geraghty and Arbia "were all there to do their job and it just played out the way it played out."
January 5, 2012 by MATTHEW CHAYES. AND JOHH VALENTI. / matthew.chayes@newsday.com., john.valenti@newsday.com
The attorney for the retired Nassau County police lieutenant who fatally shot an ATF agent during a New Year's Eve drug store robbery said Thursday his client thought he had shot the bad guy after a bullet whizzed by his head outside a Seaford pharmacy.
The fatal friendly fire shot was fired during a three-way struggle for off-duty ATF agent John Capano's gun.
Retired NCPD Lt. Christopher Geraghty, 54, of Woodbury, yelled "Who's the good guy? Who's the good guy?" as he dove into the wrestling match for the loose handgun in front of Charlie's Family Pharmacy Saturday morning, Garden City attorney Brian J. Davis said.
Davis said his client realized Capano, 51, was the good guy after he had fatally shot him, and off-duty NYPD officer Joseph Arbia, 29, of Seaford, had fatally shot the true suspect -- James McGoey, 43, of Hampton Bays.
"His life's never going to be the same," Davis said of Geraghty, who is staying out of state as he attempts to deal with the trauma of the shooting. Davis characterized Geraghty as "distraught" and said he is struggling with the fact he killed Capano.
Davis said both Geraghty and Arbia identified themselves as police officers prior to the fatal shot, yelling: "Police! Police! Put it down."
He said Capano didn't respond or identify himself as a law enforcement agent.
"I think he [Capano] was so focused on getting his weapon back that he's not able to focus on anything else," Davis said.
Davis said the entire incident took a matter of seconds.
He said Geraghty didn't realize Capano was "the good guy" until after he had shot the federal agent during the struggle and Arbia had shot McGoey.
During an interview with Newsday at his office Thursday, Davis said that Geraghty relayed his account of the incident during an hour-long meeting with homicide investigators Monday morning at NCPD headquarters in Mineola.
Davis also told Newsday that Geraghty has not been in contact with Capano's family, but said his client had written a card the lawyer will deliver to homicide detectives -- asking they pass it along to the ATF for delivery to the family.
The attorney gave the following account:
He said Geraghty was working at his Seaford deli Saturday morning when a frantic woman ran in screaming that someone was robbing the pharmacy next door.
Davis said Geraghty, still wearing his food-handling gloves, ran to the basement to retrieve his handgun and said that when his client returned to the main level of the deli Geraghty's wife, Lisa, pointed to Arbia, who was eating at the deli, and told her husband: "This guy is NYPD."
Then, Davis said, Geraghty's wife turned to Arbia, pointed to her own husband, and said: "He's retired Nassau."
The two men then ran out the back of the store, Davis said -- thinking the robber might attempt to flee through the back of the drug store, where there is a parking lot.
But, Davis said, there was no one there. And, within seconds, Davis said, the two heard the commotion out front and went down an alley running toward it -- Arbia running, at one point, about 10 or 15 feet ahead of Geraghty.
Turning the corner to the front of the store, Davis said his client and Arbia, both yelling "Police!" saw Capano and McGoey on the ground battling for control of a handgun.
"There's Capano and McGoey on the ground, chest-to-chest, with the gun between them, wrestling," Davis said.
At this point, Davis said, Geraghty went diving into the pile, also trying to gain control of the gun, yelling: "Who's the good guy? Who's the good guy?" But, Davis said, "There was no response."
Within a split-second, Davis said, the handgun was pointed at Geraghty -- and it went off, a shot whizzing past his client.
"Now it's turned back directly on my client," Davis said. "It goes off inches from his face."
Davis said Geraghty, believing in that instant Capano was the robber and was trying to shoot him -- and, not realizing Capano was, in fact, a federal agent -- fired his fatal shot.
Mortally wounded, Capano let go of the gun and, Davis said, McGoey grabbed for it. Arbia, realizing in that moment he was the robber, shot and killed McGoey, Davis said.
It was still not clear Thursday how many shots in all were fired during the incident.
Police said earlier this week that Capano, who had gone to the store to pick up a prescription for his father, had shot McGoey once in the leg inside the pharmacy before chasing him outside. Police also said that McGoey, who had prior convictions for drug store and other robberies, was carrying a silver pellet gun -- a gun that looked like a real .45-caliber pistol.
Davis said that in the immediate aftermath of the shooting Geraghty was in shock and said he had high blood pressure.
Earlier this week in an exclusive interview with Newsday, the Capano family said it doesn't blame Geraghty for what happened.
"We only blame one person for the whole thing, and that was the criminal," Tony Guerriero, 55, Capano's brother-in-law, said. He said that Geraghty and Arbia "were all there to do their job and it just played out the way it played out."
