Rebello family files wrongful death suit against Nassau County, police in shooting death of Hofstra student

The Hofstra University student from Tarrytown was accidentally shot by police during a home invasion. (5/17/14)

UNIONDALE - The family of a Hofstra student who was killed in an off-campus shooting last year is suing Nassau County and the police department.

According to a Nassau County district attorney 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. Seven shots struck Smith, killing him. One shot fatally struck Rebello in the head.

MORE: Slain Hofstra student stories

PHOTOS: Hofstra home invasion & shooting

A recent investigation by Nassau DA Kathleen Rice found the officer's use of force was justified.

According to Newsday, Rebello's family has filed a wrongful-death suit against Nassau and the police department.

The shooting happened one year ago today.

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