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In October 1992, the Nassau County District Attorney stated that Buttafuoco would not be prosecuted.
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According to Fisher, Buttafuoco helped her plan the shooting and told her about his wife's habits and when she was usually home.
With the aid of Peter Guagenti, Fisher obtained a .25 caliber pistol and then went out to steal a set of license plates off a neighbourhood car.
Fisher then produced the gun, struck Buttafuoco in the head with it, and then aimed at her temple and fired. Fisher dropped the shirt and the gun and ran towards the car, but Guagenti told her to take the evidence with her, so she ran back to retrieve both items and then they both fled the scene. She was operated on all night, and although unable to remove the bullet, the doctors were able to save her life.
When interviewed by police, Joey Buttafuoco told them that Fisher could be the shooter.