Orange County Court Judge Robert Freehill has dismissed the murder and manslaughter indictment against David Carlson. Carlson fatally shot Norris Acosta-Sanchez on October 11, 2013 in an attempt to get Sanchez into police custody. Sanchez was wanted in Rockland County police on charges of statutory rape. According to the Times Herald Record...

Carlson, who had become acquainted with Sanchez, had been enlisted by Deerpark police to help get him into custody. The plan succeeded, but Sanchez got away and showed up at Carlson’s house the morning on Oct. 11, 2013, suspecting Carlson had set him up. Carlson grabbed a shotgun and marched Sanchez toward neighbors’ homes to call police.

Carlson told police that Acosta-Sanchez had lunged at him from a distance of three to five feet away, and he fired the gun. He fired a second time when Sanchez kept coming at him. At least two neighbors witnessed the incident.

The prosecutor who was under then-Orange County District Attorney Frank Phillips, didn’t play the statements for the grand jury. State police Investigator Will Young testified that Carlson never said Sanchez had lunged at him. Investigator Young said Carlson reported that Sanchez never made any aggressive actions.

Carlson’s lawyer, Benjamin Ostrer (speaking on behalf of Carlson and Ostrer’s fellow lawyer David Wallace) said they weren't out of the woods just yet. According to the Times Herald Record The Westchester County District Attorney's Office, which is acting as special prosecutor, has 30 days to appeal the dismissal and may present the case to a new grand jury. Judge Freehill found that most of Ostrer’s arguments were backed by a review of David Carlson’s statements, as well as grand jury testimony by both civilian and police witnesses and the pre-trial hearings.  Read more HERE
 

More From WPDH-WPDA