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Officials: Dalton Smith let out of prison early

Police say Dalton Smith, 30, of Hempstead, had

Police say Dalton Smith, 30, of Hempstead, had a lengthy rap sheet and an active arrest warrant for violating his parole. Credit: Police handout

The man fatally shot by police in a standoff in Uniondale Friday, along with a 21-year-old Hofstra University student, was released from state prison, violated his parole and avoided reincarceration by completing a 90-day drug treatment program, according to officials.

Dalton Smith, 30, of Hempstead was conditionally released from prison in May 2012 after serving 9 years of a 10-year sentence for attempted robbery and criminal possession of a weapon.

But in July, he absconded and was arrested on parole violation charges. In October, a state administrative law judge ruled he could avoid returning to prison if he successfully completed the 90-day drug treatment program, state spokesman Thomas Mailey of the state's Department of Corrections and Community Supervision said in an email.

Smith successfully finished the program and was released Feb. 4 to post-release supervision. But then Smith absconded again. A warrant was issued for his arrest after he failed to make contact with his parole officer on April 23, said Mailey, adding that by that time, Smith had also left his state-approved residence.

"At that time, a team from parole started following up on leads, and checking his past residences and other locations he was known to frequent," said Mailey in an email.

Officials did not respond to questions about how Smith qualified for the drug treatment program or why he was given the option.

However, Nassau court spokesman Dan Bagnuola said Smith was one of 2,000 cases statewide recalled in 2010 after the state Court of Appeals ruled their post-release supervision had not been properly put on the court record.

On Friday, Smith surfaced again when he walked through an open door into the off-campus house in Uniondale, demanded money and jewelry, and took four hostages, including Andrea Rebello. He had Rebello in a headlock when he was shot and killed by an officer who also accidentally killed Rebello.

Smith had been sentenced to 10 years in prison after he and another suspect held up a deli in Roosevelt in 2003. He was 20. According to documents, he robbed the deli owners while pointing a .45 caliber Ruger revolver at them. He was charged with a B felony in the robbery and was also ordered to pay $75 restitution to his victims.

He was 16 when he was arrested after, court records show, he stole purses from two women on two occasions. Smith, the documents said, broke one victim's shoulder.

When Smith was arrested in 2003 in the deli holdup, he was charged with assault and attempted robbery again while in jail.

According to a felony complaint, Smith stole a pair of sneakers, commissary food and a radio from an inmate at the Nassau jail in East Meadow, but not before slamming the inmate's head on the bed, and punching him in the chest, back and ribs, according to the inmate's supporting deposition to police.

Smith's earliest address is listed in Greenville, N.C. His most recent is Hempstead.

And while his mother, Junita Smith, is listed as a contact, she and his family could not be reached. Police records said he was born in Brooklyn, but attended Rose High School in Greenville, completing only the 10th grade. Court records from 2003 show Dalton admitted he was a Crips street gang member.

The Nassau County medical examiner's office would not say if Smith's body has been claimed.

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