Federal Suit: Nassau County Police Covered-Up Hofstra Student's Killing
CENTRAL ISLIP, N.Y. (CBSNewYork/AP) -- The family of a Hofstra University student killed in an off-campus police shooting during an armed home invasion has filed a federal lawsuit against the county and numerous police officials.
The civil rights lawsuit claims Nassau police weren't properly trained to deal with hostage situations, Newsday reported. It seeks a jury trial and unspecified monetary damages.
Police accidentally shot Andrea Rebello in the head in May 2013 as the 21-year-old junior was being held hostage in her off-campus Long Island home. The officer also shot and killed armed intruder 30-year-old Dalton Smith, who authorities said was using Rebello as a human shield.
The suit says police created records in the case designed to be "as sparse as possible.'' It also accuses police of moving evidence and destroying the crime scene as part of a cover-up to try to prevent civil claims.
Police and county officials declined to comment.
In April 2014, the Nassau County district attorney decided prosecution of Officer Nikolas Budimlic, a 19-year police veteran, was not warranted.
Budimlic was one of the first officers to respond to the incident. Police said the officer found Smith holding Rebello in a headlock and threatening to kill her.
He fired when Smith pointed a gun at him, police said.
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.
An earlier wrongful death lawsuit filed by the family remains pending.
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