DA Kathleen Rice clears officer Nikolas Budlimic in Hofstra student death during standoff

The Hofstra University student from Tarrytown was accidentally shot by police during a home invasion. (4/2/14)

UNIONDALE - The Nassau police officer who shot and killed a Hofstra student during a violent stand-off with a gunman will not face any criminal charges.

The decision comes after Nassau District Attorney Kathleen Rice issued a 28-page report Wednesday on the May 2013 shooting.

According to the report, officer Nikolas Budlimic was one of the first officers on the scene of an armed home invasion at an off-campus house. Once inside, he was confronted by 31-year-old Dalton Smith who had 21-year-old Andrea Rebello in a headlock with a gun to her head. Officials say Smith ignored Budlimic’s commands to drop his weapon. Instead, Smith threatened to kill both of them. The report states that Budlimic, believing Smith would shoot Rebello, fired his weapon at Smith when he saw an opportunity.

MORE: Slain Hofstra student stories

PHOTOS: Hofstra home invasion & shooting

Seven shots struck Smith, killing him. One shot fatally struck Rebello in the head.

The report says Budlimic clearly and reasonably believed that the use of deadly physical force was necessary to defend himself and Rebello.

The Rebellos have previously stated that they plan on suing Nassau County and the Nassau police for wrongful death.

A police spokesman declined comment due to pending litigation.

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