Nassau County District Attorney Kathleen Rice says in a report issued Tuesday that her office investigated the March 2011 shooting of Officer Jeffrey Breitkopf. He was killed by a police officer from the Metropolitan Transportation Authority who apparently mistook him for a possible suspect.
Rice calls the shooting unquestionably tragic, but says criminal charges would be unsustainable.
Breitkopf was a member of the elite Bureau of Special Operations and was in street clothes when he was shot.
The shooting happened moments after other Nassau County officers had shot and killed an emotionally disturbed man in Massapequa Park.
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