MINEOLA, N.Y. (CBSNewYork/AP) — The family of a Hofstra University student shot and killed by a police officer during a standoff officially filed a lawsuit against Nassau County and its police department Friday.
The family of Hofstra junior Andrea Rebello, 21, contended in the lawsuit that the officer “recklessly and unnecessarily endangered” her life while she was being held hostage inside her off-campus house, Newsday reported.
The newspaper reported the Tarrytown family is seeing unspecified damages from Nassau County and the Nassau County Police Department. The county and the police department would not comment on pending litigation.
Last month, Nassau County District Attorney Kathleen Rice issued a 28-page report Wednesday on the May 17, 2013 shooting, following a review of whether police personnel acted appropriately during the deadly confrontation.
Rice said prosecution of officer Nikolas Budimlic, a 19-year police veteran, is not warranted, CBS 2’s Tracee Carrasco reported last month.
EXTRA: Read The Full Report (pdf) WARNING — Report contains graphic language
Budimlic was one of the first officers to respond to the break-in at an off-campus apartment in Uniondale. Police said the officer found an intruder — Dalton Smith, 30 — holding Andrea Rebello, 21, 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 life were in danger, according to authorities.
Smith was hit seven times, Rebello once.
“Andrea Rebello’s death was not caused by any criminal misconduct by Officer Budimlic. Her death was caused by Dalton Smith’s decisions,” the report read. “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.”
You May Also Be Interested In These Stories:
- New Technology Could Help Predict When And Where Crimes Will Happen
- Gift Giving: Valentine’s Day Do’s and Don’ts
- Gurley Family Says Calls For Justice Won’t End, As Peter Liang’s Family Awaits Son’s Sentencing
- Prosecutors: NJ Prison Teacher Sexually Assaulted Inmate Over 20 Times, Got Pregnant Twice
(TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)