GOSHEN – The Appellate Division of State Supreme Court, Wednesday, threw out the manslaughter conviction of David Carlson of Deerpark and ordered a new trial in Orange County Court.
Carlson, 47, shot and killed Norris Acosta Sanchez, who was 35, on October 11, 2013. Carlson’s defense was one of self-defense, said his attorney Benjamin Ostrer.
“There was a person who was evading the police; in fact, he had escaped from the police twice,” Ostrer said. “He returned to Mr. Carlson’s house threatening him and the tragedy that led to the charges ensured. So, a very unfortunate event.”
Carlson had been drinking with Sanchez, a resident of the Town of Ramapo,
in the area of the shooting and Sanchez told Carlson there was a warrant
out for Sanchez in connection with the rape of a minor.
The police asked Carlson to assist them with a “set up” traffic stop to lead to the Sanchez.
On the morning of October 11, 2013, Sanchez appeared at Carlson’s
home in an agitated condition and accused him of assisting the police.
Larson grabbed a shotgun and told Sanchez he was bringing him in.
Carlson claimed Sanchez lunged at him with Carlson discharging the weapon, shooting him in the left arm. When Sanchez allegedly lunged at him a second time, the weapon was discharged a second time, fatally wounding him.
Ostrer and fellow attorneys Michael Mozzarella and Melissa Tooley represented Carlson pro bono.