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Prosecutor clears police officer involved in fatal shooting of Hofstra student, her captor

A New York district attorney has decided not to prosecute a police officer who killed a Hofstra University student and the armed intruder who was holding her hostage.

Nassau County District Attorney Kathleen Rice issued a 28-page report Wednesday on the May 2013 shooting.

Rice says a prosecution of Police Officer Nikolas Budlimic (bood-LIHM'-lihk) is not warranted.

Budlimic was one of the first officers to respond to the break-in at an off-campus apartment in Hempstead.

Police said the officer found an intruder holding 21-year-old Andrea Rebello in a headlock and threatening to kill her.

They said the officer fired when the intruder pointed a gun at him. Thirty-year-old Dalton Smith was hit seven times; Rebello was hit once.

A police spokesman declined comment, citing pending litigation.

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