Prosecutors look to retry man in killing of alleged child rapistPosted: Updated:
An Orange County man whose manslaughter conviction was overturned could soon be tried for the same alleged crime again.
David Carlson was convicted two years ago of manslaughter for fatally shooting a man wanted for rape. The conviction, however, was overturned in appeals court and Carlson never served time.
But now, prosecutors are looking to retry him for murder.
In 2013, the Sparrowbush man shot and killed an alleged child rapist, Norris Acosta Sanchez, who had evaded police capture. Carlson claimed he was helping police. Instead of murder, he was convicted of manslaughter and sentenced to a minimum of five years in prison.
The judge postponed the sentence and an appeals court tossed out the decision. However, the court didn’t exonerate Carlson and referred the case back to Orange County Court for retrial.
A special prosecutor with the Westchester District Attorney's Office asked the state Court of Appeals to reinstate the manslaughter conviction but their request was denied. Now, the case is back in court again. "We're preparing for a retrial. We believe that that's our opportunity to vindicate David. We believe he was aiding the police and that different mindset wouldn't have even resulted in a prosecution," says Carlson's attorney, Ben Ostrer.
Carlson is due back in court later this month.