Andrea Rebello, left, was killed in May by a police officer who fired eight times at Dalton Smith, right, who had Rebello in a headlock. Seven bullets hit Smith and one hit Rebello, killing both

Andrea and Jessica Rebello, pictured, reportedly lived close to campus

Budimlic was among the first officers to respond to a report of an early morning robbery at a house near the Hofstra campus.



After entering the house, the officer soon encountered Smith holding Rebello in a headlock.



Smith maneuvered down a flight of stairs and was attempting to leave with the young woman through a rear door, hollering expletives at police officers and threatening to shoot the student.



‘Smith ignored numerous commands to drop his weapon and repeated his threats to shoot both Andrea Rebello and Officer Budimlic,’ the report states.



‘Officer Budimlic clearly and reasonably believed that the use of deadly physical force was necessary to defend himself and Andrea Rebello and, on this basis, made the decision to discharge his weapon.’

Andrea Rebello's father Fernando, left, twin sister Jessica, second from left and mother Nella, third from left, follow Rebello's casket after her funeral service at St. Teresa of Avila Church in Sleepy Hollow, N.Y. in May 2013

Tragic: Andrea's boyfriend, Brad Wilson, parted ways with her after partying at a bar near the Hofstra University campus on Thursday night. He never got to say goodbye to his sweetheart before she was killed

Rice's report noted that Smith, 30, had been on parole for his involvement in an armed robbery.



An arrest warrant had been issued for him about three weeks before the fatal shooting occurred.



Smith also had prior convictions for attempted robbery and weapons possession.



It was not clear whether the weapon he was carrying the night of the Hofstra robbery was operable, the report found. Investigators suggested it may have been damaged after Smith was shot and fell on the weapon.



James Carver, president of the officer's police union, said he was not surprised by the prosecutor's conclusions.



The May 2013 shooting which killed Andrea Rebello is believed to have taken place in this Uniondale home

He said Budimlic has been working in an administrative capacity during the district attorney's investigation.

‘It's what I expected,’ Carver said. ‘Officer Budimlic was in a situation where hostages' lives were at stake. He took appropriate actions. What everybody needs to remember is this tragic incident would not have happened if not for the actions of the perpetrator.’

