The upstate carpenter convicted in the vigilante killing of a fugitive rape suspect can stay out of jail pending an appeal.
David Carlson, 45, was found guilty of first-degree manslaughter for shooting Norris Acosta-Sanchez, 39, in the head with a 12-gauge shotgun while trying to turn him in to authorities.
Orange County Judge Robert Freehill sentenced Carlson on March 21 to the minimum five years in prison.
But Freehill on Tuesday agreed that Carlson, who claimed he acted in self-defense, can remain free on $500,000 bail at least 120 days while preparing his appeal.
At his sentencing, the dead man’s mother, Rosario Sanchez, told the court her son died in a “cruel, vile and absurd manner.”
Carlson was remorseful. “It’s a terrible thing, a terrible loss for the Acosta-Sanchez family,” he said. “I’d like to extend my apologies.”
The killing occurred in rural Sparrowbush on Oct. 11, 2013, after Acosta-Sanchez twice escaped from police, including a Sheriff’s Swat team.
The Hunter College graduate, fleeing a warrant for statutory rape of a 14-year-old girl in Ramapo, befriended Carlson while hiding in a nearby cabin.
Carlson’s lawyers contend the shooting was justified because law-enforcement authorities had asked for his assistance.