The cop who can’t shoot straight who killed an innocent Hofstra University student while a wanted felon was holding her at gunpoint has been completely cleared of wrongdoing.
On Wednesday, the Nassau County District Attorney’s Office announced that Nassau County officer Nikolas Budimlic “acted accordingly” when he shot Andrea Rebello in the head, reports the New York Daily News.
Budimlic “reasonably perceived threats of deadly force against himself and others and acted accordingly,” declares the district attorney’s official report.
The incident occurred in May 2013 when Delton Smith, wearing a black ski mask and carrying a gun, went into a house near the Hofstra campus shared by Rebello, 21, her twin sister and others. It was about 2:30 in the morning.
Smith, 30, was wanted at the time for armed robbery.
Surviving tenants told police that Smith was demanding repayment of $10,000 to a “Russian guy.”
He forced four students, including Rebello, upstairs and directed them to cough up valuables.
One of the roommates offered to go to an ATM to get $700. According to the report, Smith allowed the roommate to leave for the cash. When she did, she promptly called 911.
Police arrived and commenced a deadly hostage standoff.
Smith had Rebello in a headlock.
“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 relays. “Smith, alternately pointing his gun at Andrea Rebello and Officer Budimlic, threatened to kill both of them.”
Not content to let a robbery situation end without anybody dying, Budimlic fired a flurry of shots. He shot Smith seven times, killing him.
Budimlic also shot Rebello in the head. She later died at Nassau University Medical Center.