A pharmacist who witnessed the fatal shooting of a federal agent on New Year's Eve told prosecutors that a retired Nassau County (N.Y.) Police lieutenant fired without warning, reports the Associated Press via the Wall Street Journal.

Relying on a document accidentally posted on a prosecutor's website, the A.P. cites the pharmacist's version of the friendly fire shooting death of Bureau of Alcohol, Tobacco, Firearms and Explosives agent John Capano.

The pharmacist claims the retired lieutenant ran to the scene when he heard reports of a robbery in progress and shot once without warning when he came upon a skirmish between a robbery suspect and agent Capano, who was a customer in the pharmacy and had chased the robbery suspect outside.

The lieutenant's attorney, Brian Davis, has said that his client, Christopher Geraghty, opened fire only after a shot whizzed past his head. Davis said Geraghty thought the shot came from the robbery suspect and has been distraught over the accidental shooting.

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