DA: No Charges for Officer Who Shot Hofstra Student

With Lanning Taliaferro

The Nassau County District Attorney released a report this week explaining that they will not prosecute a police officer who killed Hofstra student Andrea Rebello and the masked man holding her at gunpoint nearly a year ago.

"In this case, Officer Budimlic reasonably perceived threats of deadly force against himself and others and acted accordingly. Though the results were unquestionably tragic, criminal charges under these circumstances would be inappropriate and legally unsustainable. Accordingly, this criminal investigation is hereby concluded," the report said of the May 17 incident.

Rebello, 21, a 2010 Sleepy Hollow High School graduate, was shot to death during a home invasion of the place she shared with her identical twin Jessica and other sorority sisters attending Hofstra University. Police Officer Nikolas Budimlic also shot and killed Dalton Smith, the man threatening to kill Rebello and using her as a screen.

“The incident last year was a tragedy for the Rebello family and a reminder of just how difficult and dangerous police work can be," said DA Kathleen Rice.  "My thoughts and prayers are with Andrea Rebello’s family and friends as they continue to cope with this heartbreaking loss.”

The DA's report described the incident:

"On May 17, 2013, an armed Dalton Smith entered a home, occupied by four college students, located at 213 California Avenue in Uniondale, to commit a robbery. At approximately 2:25 a.m., one of the students placed a 911 call to report the robbery. Numerous members of the Nassau County Police Department (hereinafter “NCPD”) responded to the location. Police Officer Nikolas Budimlic was one of the first officers to arrive on the scene.

"Once inside the residence, Officer Budimlic was confronted by the intruder, later identified as Dalton Smith. Smith was armed with a gun and was physically restraining Andrea Rebello. Smith ignored numerous commands shouted by Officer Budimlic for Smith to drop his weapon. Smith, alternately pointing his gun at Andrea Rebello and Officer Budimlic, threatened to kill both of them. During the confrontation, Officer Budimlic fired eight shots at Smith, killing him. One of the bullets struck Andrea Rebello in the head. Andrea Rebello was transported to Nassau University Medical Center where she succumbed to her injuries."