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Trending: No Charges In Death of College Student Shot by Police During Hostage Situation

Andrea Rebello: Patch File Photo
Andrea Rebello: Patch File Photo

By Lanning Taliaferro

Tarrytown, New York – The Nassau County District Attorney will not prosecute a police officer who killed Hofstra student Andrea Rebello and the masked man holding her at gunpoint May 17, 2013.

"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 states.

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 describes how the incident unfolded.

"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. PoliceOfficer 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."

Trending on Patch is a category showcasing popular stories from across Patch's network of 900 local news sites.

Lisa May 05, 2014 at 11:52 AM
http://www.nbcnewyork.com/news/local/NYPD-Officer-Shooting-Pelham-Lincoln-Avenue-257370511.html#comments
Tideline May 06, 2014 at 08:22 AM
Isn't it amazing how often this happens, but very, very rarely are any of the Officers ever Prosecuted, or even brought to a grand jury to let the public decide. In Nassau County, D.A. Kathleen Rice has been covering for the PD since she has been in Office and refused to Prosecute even one Officer involved shooting.
mr henry May 08, 2014 at 08:02 AM
Time to start Death by poor shooting law....put a couple of them in prison for 7 to 15 and they wouldnt be so fast to pull the trigger . what gives them the right to decide my fate in such situations.
Tideline May 12, 2014 at 05:07 PM
Police Shooting Frenzy Raises Concerns May 6, 2014 11:23 PM MIAMI (CBSMiami) – On December 10, more than two dozen police officers from across Miami Dade County converged on a blue Volvo that had crashed in the backyard of a townhouse on 65th Street just off 27th Avenue. As the car was wedged helplessly between a light pole and a tree, nearly a minute passed before officers opened up – firing approximately 50 bullets at the car and the two unarmed men inside the vehicle. The two men inside the car survived that initial volley of gunfire, according to witnesses, who said they could see the men moving inside the Volvo. Everything went quiet for nearly two minutes before the officers opened up a second time – unleashing an unrelenting torrent of bullets that lasted almost 25 seconds. By the time it was over, the two men inside the car were dead. CBS4 News has learned a total of 23 officers fired a total of at least 377 rounds. [Roll Eyes] http://miami.cbslocal.com/2014/05/06/police-shooting-frenzy-raises-concerns/ WOW! That gives a whole new meaning to ammo management! Thinking these guys got just a bit carried away on this one. ***************************************** Part of proper training, is knowing when not to shoot. The Militarization of the Police and Dept. of Homeland Security is another huge problem.

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