Community Corner
Hofstra Student Slain: Family Settles Lawsuits For $4.5 Million
Andrea Rebello, 21, was killed by police during an off-campus home invasion. She was held hostage.
TARRYTOWN, NY —Four years ago, Hofstra University student Andrea Rebello was shot to death by police while being used as a human shield during a botched home invasion. Now, her family has settled two lawsuits for $4.5 million.
Rebello, 21, a 2010 Sleepy Hollow High School graduate, was killed during a home invasion in an off-campus residence that she shared with her identical twin Jessica and other sorority sisters. Police Officer Nikolas Budimlic also shot and killed Dalton Smith, the gunman who threatened to kill Rebello and used her as a screen.
Rebello's family accused the police department of negligence and said the officer acted "recklessly and unnecessarily" when he opened fire. The family said officers als0 weren't properly trained and supervised on how to deal with hostage crises.
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The Nassau County Legislature on Monday voted to approve the payouts.
"Today's settlement was recommended as being in the county's best interest to resolve a difficult and awful tragedy," County Attorney Carnell Foskey said.
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Rebello family attorney David Roth confirmed the settlement but did not add any comment.
A county prosecutor ruled in 2014 that the officer, Nikolas Budimlic, had no option but deadly force.
Former District Attorney Kathleen Rice concluded the woman's death was caused by a gunman breaking into her home, taking several residents hostage and refusing to surrender to police.
After entering the house, the officer encountered Dalton 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, yelling expletives at police officers and threatening to shoot the student.
Smith, 30, had been on parole for his involvement in an armed robbery, according to Rice's report. 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.
The victim's twin sister, Jessica Rebello, also had been inside the house but was not injured in the shooting, which occurred days before commencement.
By FRANK ELTMAN, Associated Press
Photo credit: Mary Altaffer/Associated Press
