DA: Cop who killed Hofstra Univ. student won't be charged

Andrea Rebello

NEW YORK - The Nassau County, N.Y. police officer who fired the fatal shots that killed both a Hofstra University student and the armed intruder who was holding her hostage will not face criminal charges.

Nassau County District Attorney Kathleen Rice issued a 28-page report on the May 17, 2013 shooting Wednesday, following a review of whether police personnel acted appropriately during the deadly confrontation, reports CBS New York.

Rice said prosecution of Police Officer Nikolas Budlimic is not warranted.

Budlimic was one of the first officers to respond to the break-in at an off-campus apartment in Uniondale, on Long Island. Police said the officer found an intruder, later identified as 30-year-old Dalton Smith, holding 21-year-old Andrea Rebello in a headlock and threatening to kill her.

The officer fired when Smith pointed a gun at him, police said.

Smith "kept saying, 'I'm going to kill her,' and then he pointed the gun at the police officer," according to county homicide squad Lt. John Azzata. The officer acted quickly, saying later that he believed his and Rebello's lives were in danger, according to authorities.

Smith was hit seven times, Rebello once.

A police spokesman declined to comment, citing pending litigation.

In August, Rebello's family filed a lawsuit against Nassau County police.

According to court papers filed by the family's lawyer, the suit alleges "wrongful death, civil rights and negligence actions against the County of Nassau and its police officers and possibly other defendants to be named after discovery," reported Newsday.