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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.

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.

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

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LI | Weather

LIFORECAST

You know, I watched it for so many years and to be seeing and hosting it is a different level. So it looks like everyone else enjoyed their time as well. They did. So this wet weather will get out of here for a little bit. You can have some hot chocolate and dry off tonight after work. And then tomorrow we get a little bit of a break from the rain. Saturday will be your day to get out, do some decorating, do some shopping. Even on Sunday. If you are out, it will be wet. So just have that umbrella. We'll be talking about on and off rain for much of the day, especially the afternoon and evening. Look at your highs this weekend in the fifties. So it is going to be mild. Um So at least, I guess that's a good thing. If it's going to be raining, at least it won't be cold right now. We're in the forties. You see those fifties southwest, this mild air will be in place for the day tomorrow. A little break in the morning, we have some low clouds and fog to kick off the day. But the afternoon is not bad. I think we get a couple of bright spots in the clouds, seeing some sunshine here and there. It's a little bit unsettled but it's dry at night. Light rain is back Sunday morning. There's not much until the afternoon and you see some heavier steadier rain will come through. It will be appearing kind of like today. Um, let's say between about two o'clock and eight tonight, 10 o'clock, most of that rainfall should get out of Suffolk County by 9 to 10 o'clock. Monday will be dry one more mild day and then we'll turn a little bit cooler as our winds will shift to the northwest. How much rainfall are we expecting? About a half an inch, maybe close to an inch in some spots? And that will be through Monday morning after that. The drier weather is back most of next week looks nice with mostly sunny skies and temperatures in the forties.

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