The Nassau County cop who fatally shot a Hofstra University co-ed while responding to a home invasion robbery last May will not face criminal charges, county prosecutors said.
In a report released Wednesday, prosecutors determined that police officer Nikolas Budimlic acted appropriately while responding to the May 17, 2013, robbery that left 21-year-old Andrea Rebello dead in an apartment she shared with her twin sister.
“This investigation has determined that a criminal prosecution of Officer Budimlic is not warranted,” the report reads.
Rebello was killed when Budimlic entered her California Avenue home to find intruder Dalton Smith using her as a human shield in a tense standoff with cops, authorities allege.
When Dalton refused to drop his weapon, the cop unloaded a barrage of bullets, killing Dalton and accidentally killing Rebello.
“In this case, Officer Budimlic reasonably perceived threats of deadly force against himself and others and acted accordingly,” according to the report.
“Though the results were unquestionably tragic, criminal charges under these circumstances would be inappropriate and legally unsustainable.”
Rebello’s family had previously filed a notice that they plan to sue the county for wrongfully causing her death.