The police officer who shot and killed a Hofstra University student as she was being held at gunpoint by a Long Island intruder last May will not face any criminal charges, prosecutors said.
The Nassau County District Attorney’s Office announced Wednesday that Nassau County officer Nikolas Budimlic “acted accordingly” when he fatally shot 21-year-old Andrea Rebello in the head, the New York Daily News reports.
"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," a report by the district attorney said of the May 17 incident.
The Hofstra junior was killed when Budimlic arrived at a house near the university’s campus shared by Rebello, her twin sister and others.
Budimlic entered Rebello’s home to find intruder Dalton Smith, 30, using her as a human shield. The incident happened around 2:30 a.m., the Daily Caller notes.
Smith was wanted at the time for his involvement in an armed robbery.
“What now? I’m going to kill her! I’m getting out of here!” says the report, obtained by the Daily News.
“Smith ignored numerous commands shouted by Officer Budimlic for Smith to drop his weapon,” the report says. “Smith, alternately pointing his gun at Andrea Rebello and Officer Budimlic, threatened to kill both of them.”
When Smith did not want to drop his weapon, the officer fired a barrage of bullets, shooting him seven times and killing him.
Budimlic accidentally shot Rebello in the head. She later died at Nassau University Medical Center.
Rebello’s family had previously filed a notice to sue the county for wrongfully causing her death, the New York Post reports.