New York Daily News – by NINA GOLGOWSKI
The police officer who mistakenly shot and killed a Hofstra University student as she was held at gunpoint by a Long Island intruder last year has been cleared of wrongdoing.
Nassau County officer Nikolas Budimlic “acted accordingly” when he opened fire, killing not only the armed suspect but 21-year-old Andrea Rebello in May 2013, the Nassau County District Attorney’s Office announced Wednesday.
Budimlic “reasonably perceived threats of deadly force against himself and others and acted accordingly,” the report states in part.
The suspect, Delton Smith, 30, who was a wanted felon after breaking parole for an armed robbery, was shot seven times by the responding officer.
Rebello, whom Smith was restraining in a headlock at the time, was tragically shot once in the head by the officer and died at Nassau University Medical Center.
“Smith ignored numerous commands shouted by Officer Budimlic for Smith to drop his weapon,” the report states. “Smith, alternately pointing his gun at Andrea Rebello and Officer Budimlic, threatened to kill both of them.”
Authorities said the terrifying hostage situation began around 2:30 a.m. when Smith, disguised in a black ski mask, entered the Long Island home Rebello shared with her twin sister, Jessica, and several other students near the college.
Smith, they later told police, said he was there to enforce the repayment of $10,000 they owed to a “Russian guy.”
Rebello and three other students, including Jessica Rebello’s boyfriend, were forced upstairs where Smith pressed them for valuables.
When they fell short of his demands, a roommate of Rebello said she had $700 in her bank account and offered to get it from a nearby ATM.
This granted opportunity gave her the chance to call 911, sending Budimlic and several other officers to the scene of what would become a deadly standoff inside the home.
“I will kill her. You put the gun down. Let me go,” the boyfriend of Rebello’s sister recalled hearing Smith threaten to police after putting Rebello into a headlock.
Another officer recalled Smith grabbing Rebello by the hair and yelling, “What now? I’m going to kill her! I’m getting out of here!”
When the gunfire erupted, Jessica’s boyfriend, who was in a nearby first-floor bedroom and unable to see the shooting, ran out hearing the shots and according to police, yelled out something to the effect of: “That’s what you get!”
Do cops not get schooled in ballistics, lines of fire, and shooting accuracy?
“Budimlic “reasonably perceived threats of deadly force against himself and others and acted accordingly,” the report states in part.”
Notice how he said “threats of deadly force against himself” FIRST and then “and others” second.
As always, the officer’s life takes precedence over the victim’s and the life of the police officer who took an oath to serve and protect is always more important than anyone else’s. Typical pigs.
Cops & gov thugs get guns at all times and virtual immunity whereas the military is only allowed any weapons while on a specific gov mandated mission – their defense while not on said mission is verbaten.
This is the stuff that scares the heck out of me in this country. I mean if you are in the wrong place at the wrong time you might be taken out by an intruder or a cop. As much as I respect a lot of the law enforcement who do the right things, there are some that have watched way too many Rambo movies and are just waiting for the kill shot.