2nd grand jury indicts upstate New York man accused of fatally shooting rape suspect

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GOSHEN, New York — An upstate New York man accused of killing a fugitive rape suspect as he walked him down a rural road at gunpoint was indicted Thursday by a second grand jury.

David Carlson is accused of firing his shotgun twice at Norris Acosta-Sanchez in October 2013 as the pair walked along the road where Carlson lives with his wife and three sons near the Pennsylvania border.

Carlson claims he was escorting Acosta-Sanchez at gunpoint so a neighbor could call police and that the fugitive lunged at him before the shooting. Neighbors and other supporters of Carlson say he acted in self-defense.

The Westchester County district attorney's office, which is acting as a special prosecutor, confirmed that an indictment was filed Thursday but could not divulge its contents. The Middletown Times Herald-Record (http://bit.ly/1ETvI4Y ) reported that Carlson was indicted on charges of second-degree murder, first-degree manslaughter and second-degree manslaughter.

Carlson's attorney did not immediately respond to a request for comment.

A judge in November dismissed an initial indictment against Carlson, saying that grand jury never heard his contention that Acosta-Sanchez lunged at him. The judge also cited an officer's grand jury testimony that Acosta-Sanchez never made an aggressive move at Carlson.

Prosecutors presented the case to another grand jury.

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