David Carlson Was Protecting His Life

The David Carlson and his family resided on a small farm in a remote wooded area in the Deerpark, where they maintained horses, chickens and other livestock.  In August 2013, Norris Acosta‑Sanchez appeared at their farm falsely identifying himself as "Daniel".  He claimed to be the caretaker of a nearby camp.  "Daniel" asked if he could do work for David Carlson to help support himself.  David Carlson agreed to provide "Daniel" with eggs and other food items in exchange for work on the farm.

On October 5, 2013, "Daniel" joined Carlson and his wife, Sarah, at a campfire at their farm.  After consuming a few drinks, he disclosed that his name was not "Daniel" but Norris (without providing his surname).  He shared that he was wanted by police in Rockland County for having sex with an underage girl. David Carlson and Sarah were very alarmed by the disclosure and feared for the safety of their three young sons and neighbors.  They determined Sarah would go to the Deerpark Police to report a fugitive was residing nearby.  (10/7  969 ln 13‑17); (A. 188)  Sarah Carlson met with Officer Robert Pratti on October 8, 2013, at the police station, and informed him of Norris' disclosures. In the absence of a surname, Officer Pratti instructed Sarah arrange for David Carlson to drive Norris on Route 42, and to alert the police department of same so that police could perform a stop and take "Norris" into custody to enable confirmation of his identity.

David Carlson invited "Norris" to join him on errands that afternoon.  Mrs. Carlson called Police Sergeant Elizabeth Sullivan at 3:55 p.m. informing her that her husband and "Norris" were driving to Walmart on Route 42.  Sullivan informed Mrs. Carlson that the traffic stop could not be made due to a shift change. Sgt. Sullivan  instructed Mrs. Carlson to have David Carlson contact her when he was returning from Walmart so the stop could then be made.  (10/6  920 ln 23‑25; 921); (A. 161, 162)  A stop was not effected during the return from Walmart.                       

Sgt. Sullivan instructed David Carlson to find another excuse to get "Norris" into his car, to again attempt a car stop. David Carlson contacted Sgt. Sullivan on the morning of October 9th and advised he would be traveling with "Norris" to a junk yard, via Route 42.  In accordance with instructions, Mrs. Carlson called Sgt. Sullivan when her husband and "Norris" were about to depart. A car stop was made by two Deerpark police vehicles. 

Detective Thomas Kalin testified that on the morning of October 9, he was told by Sullivan that she required his assistance for a traffic stop later that day.   Sullivan told him the car would be speeding as cover for the stop.  He also testified that his written report of the incident was altered by  Sullivan, without his knowledge, removing reference to the plan to stop a speeding car.  Sgt. Sullivan denied having instructed David Carlson to speed for purpose of the stop.

Sgt. Sullivan testified that after the car stop, "Norris" identified himself as "Daniel Costa" giving a birth date of 1/10/78. Despite knowledge that "Daniel" was an alias Sullivan ran a background for "Daniel Costa" with no results. She informed Acosta‑Sanchez that there was no match to his name.  "Norris" responded that he was in the United States on a work visa from Spain and offered to produce his identification from his cabin.

A pat down by Kalin produced a knife from "Norris's" pocket, which was placed on the seat of David Carlson's car.  Kalin placed "Norris" in the rear of his patrol vehicle, without handcuffs, and drove to the cabin, followed by Sullivan in a marked police car.  Upon arrival at the cabin,  Sullivan testified that Kalin opened the rear door and Acosta‑Sanchez ran around the back of the car and escaped.  When confronted with Det. Kalin's incident report, she conceded that she, rather than Kalin, let Acosta‑Sanchez out of the car.  Kalin testified that as Sullivan was opening the car door,  Acosta‑Sanchez kicked the door, jumped out, and shoved  Sullivan to  escape.  Acosta‑Sanchez scrambled over the wooded and rocky terrain down a cliff toward the Rio reservoir.  Detective Kalin testified that he gave chase, losing his radio and eventually halting because the terrain became too rough and in response to Sgt. Sullivan's order to stop.

Sullivan left a message on David Carlson's answering machine requesting he call her.  She later advised David Carlson that Acosta‑Sanchez had escaped.  David Carlson then assisted police in securing an insurance card which appeared to bear Norris' full name.  Sullivan contacted the insurance company and obtained a date of birth.  Sullivan then confirmed that Norris Acosta‑Sanchez was the subject of an arrest warrant, for a violent felony in Rockland County, N.Y.  Contact was made with the Rockland Sheriff's Office and Ramapo Police Department confirming open warrants issued by a local court and County Court for  Rape 2nd.  Sullivan called David Carlson and informed him that "Norris" was wanted for Rape 2nd involving a sexual encounter with a 14 year old girl.  At 6:30 p.m., David Carlson called Sullivan to report that Acosta‑Sanchez had come to his home and boasted of his escape.  David Carlson supplied Sullivan with locations where Acosta‑Sanchez might be found within the neighboring property.  He informed  Sullivan that his wife and their children were leaving for their personal safety.  Sullivan spoke with David Carlson that evening and told him it would be too dangerous to lure Acosta‑Sanchez to his home to enable a capture.  On October 10th, Sullivan requested David Carlson report to the Police Station to provide an affidavit in support of a no knock warrant application. David Carlson came to the station and executed the requested affidavit.  At the Police Station, David Carlson was asked to assist law enforcement.  

David Carlson supplied Lt. Weed, commander of the Sheriff's SWAT  team, with a description of the terrain and environs of the cabin in which Acosta‑Sanchez had been living.  He described Acosta‑Sanchez's habitual use of a knife, as well as limited pedigree information.  David Carlson participated in the meeting of members of the Ramapo Police,  Deerpark Police, and Lt. Weed's  special operations team, at which, the plans for capture were formulated.  Both Detective Byrnes and Lt. Weed confirmed that it was highly irregular for a civilian to be present at  SWAT tactical meetings. The meeting included discussion of the circumstances of Acosta‑Sanchez's crime and the failed efforts to have him surrender to the Ramapo police.  Det. Byrnes informed all present that Acosta‑Sanchez had admitted his crimes during a recorded phone call with his 14 year old victim's grandmother.  The assembled were also informed that in response to a request that he surrender, Acosta‑Sanchez stated that "he would not go to jail for one day", and "he knows what happens to guys like him in jail." ( It was also confirmed that Acosta‑Sanchez had been charged with Rape in the 2nd Degree due to his age (35) and the victim's (14).

Lt. Weed testified his tactical team (SWAT) was employed to execute high risk search warrants The unit of 20 members included a precision rifle team (PRT), negotiators, deputies, and  medics.  David observed the preparation for the tactical operations by the heavily armored camouflaged team. The rifle team was armed with Remington and M‑4 rifles.  The  unit was also equipped with non‑lethal weapons.  Lt. Weed's unit was supported by a K‑9 unit, Deerpark, Lumberland and Park Police and a Spanish negotiator.  A boat and helicopter were also later employed by New York State Police)

 A perimeter was established around the cabin where Acosta‑Sanchez was believed to be hiding The PRT team reported the cabin door was open and Acosta‑Sanchez was observed outside.  Visual contact with Acosta‑Sanchez was lost and radio communication proved challenging due to the environs.An order to avoid use of  "flash bangs" was given due to fear of a booby trap.  As the team was entering,  PRT sharpshooters observed Acosta‑Sanchez jump from a hunting box located 20 yards beyond the perimeter, and viewed him running along the same route he utilized in escaping from Sullivan and Kalin He ran  down the rocky dry stream bed and at the bottom of the hill, entered the water of the Rio reservoir.

Although David had provided a diagram of the hunting cabin and box, Lt. Weed claimed that the perimeter he established included a different box. The photographs introduced at trial depicted only one wooden hunting box.

The pursuit of Acosta‑Sanchez expanded to across the reservoir.  Sullivan County SWAT resources, boats were also employed which were observed  by David Carlson.  Sgt.  Sullivan received communication via the 911 center from David Carlson about his observations of  Acosta‑Sanchez swimming across the Rio reservoir on other occasions.  Sullivan met with David Carlson in his driveway, to obtain additional information. (10/7  987 ln 21‑25;  988 ln 1‑21); (A. 199, 200)  At  7:30‑8:00 p.m.,  the search was terminated for officers' safety.  Two deputies remained in the area until 3:00‑4:00 a.m. when police presence terminated.

David spent the over‑night in a vigilant state out of fear that  Acosta‑Sanchez might return.  He arose early on  October 11th to feed his livestock.  Shortly after reentering his home, he was confronted by an agitated Acosta‑Sanchez  banging on his locked front door and accusing him of helping the police.  David Carlson directed him to his back door.  David Carlson grabbed a shotgun and confronted Acosta‑Sanchez just outside the back door.  He pointed the shotgun at Acosta‑Sanchez, and stated "this ends today, I'm bringing you in."  In response to these actions, Acosta‑Sanchez went to the ground and refused to move.  David Carlson discharged the shotgun in the dirt near Acosta‑Sanchez directing him toward a neighboring house.  Upon arrival at the neighbor's house, Acosta‑Sanchez again went to the ground as David Carlson yelled to alert the occupants of the house.  In the absence of a response, Acosta‑Sanchez was directed to walk toward the Ferrara's residence.  Upon arrival at the Ferrara's driveway, David Carlson directed Acosta‑Sanchez to lay on his belly with his hands behind his head as he yelled toward Ferrara's house to call police.  As David Carlson turned toward the house,  Acosta‑Sanchez moved to a squatting position, then to one knee with his hand on his thigh, from which he rose and lunged toward David.  David reacted and shot Acosta‑Sanchez in the left arm/shoulder.  Acosta‑Sanchez fell to the ground.  He quickly turned, and, while rising and screaming, again lunged at David Carlson.  David Carlson again discharged the shotgun, striking him fatally in the ear although he believed his shot had struck him in the face.

The sole witness to the shooting was Carmine Ferrara.  Mr. Ferrara described to police, and at trial, that he saw David Carlson appear to be falling backward away from Acosta‑Sanchez at the moment the second shot was taken.  He described Acosta‑Sanchez's arm outstretched in an arched position reaching toward the shotgun.  He described it as the initial stage of a lunge which was terminated by the shotgun blast.  He saw Acosta‑Sanchez immediately fall.  He testified that as he looked out the window, he saw the men 5 feet apart. He also testified only seconds elapsed between the two shots. He testified that the distance between the two men had been closed by the barrel of the shotgun and Acosta‑Sanchez's outstretched arm. Acosta‑Sanchez's DNA from body tissue or skin cells were recovered from the outer tip of the shotgun's barrel.  Blood was excluded as a source of the DNA.

Ferarra, Franceska Coffey, Danielle Gursky, and their five children, had been in a vigilant state the preceding 24 hours and had placed a dog in the yard for protection. Following the fatal shot,  David Carlson approached the residence encountering Danielle Gursky and asked her to call 911.

Arrest and Extensive Interrogation

 Det. Kalin and Officer Conklin were the first officers on scene. They approached with weapons drawn and placed both men in handcuffs.. After telling the officers not to cuff Ferrara, David Carlson stated, " [I] did it."  Det. Kalin rolled the body of Acosta‑Sanchez, finding no signs of life. An EMT also examined the body and placed lead monitors on his back and calves to confirm the absence of signs of life

Upon being placed in a police car, David Carlson began  experiencing trouble breathing.  Kalin directed the EMT's to assist David Carlson. David Carlson was escorted by Kalin, in handcuffs, to an ambulance.  Due to a highly elevated heart rate, EMT George Ewings initiated a transport to the hospital. Before departure, Sgt. Sullivan appeared at the ambulance. Ewings  recalled that Sullivan either asked "what happened?", or raised her arms in a manner which prompted a response.

David Carlson demonstrated how Acosta‑Sanchez, on the balls of his feet, lunged at him before each of the shots.

Trooper Jared LaMonica accompanied David Carlson in the ambulance to Bon Secours Hospital.  During the ride, unprompted, David Carlson recounted what happened, stating that Acosta‑Sanchez had lunged at him and described the efforts to assist in the capture of Acosta‑Sanchez.

Upon arrival at the hospital, David Carlson was placed in a private room where he was given an EKG and medicine.  LaMonica briefed Investigator Lucas Shuta regarding the statements in the ambulance.  Shuta instructed LaMonica to prepare a CPL ' 710.30 notice.  ( Shuta, in turn, briefed Investigator Will Young regarding the statements. Young and Shuta conducted an audio‑ taped interview in the hospital room (hospital tape).  Upon medical discharge, David Carlson was transported to the State Police Barracks in Greenville where a  videotaped interrogation was conducted, in which he again related what happened over the preceding days up to and including the shooting in the Ferrara driveway.

At approximately 7:00 p.m., David Carlson was arrested.  Following arraignment, he was transported to County jail.   Through the help of his neighbors and friends David was released on bail several days later.   An indictment was handed up by the Orange County Grand Jury charging him with Murder in the 2nd degree and lesser charges.

After dismissal of the indictment due to the presentation of false police testimony, David was again indicted on Murder and related lesser charges.    A trial commenced on September 22, 2016 and proceeding until jury deliberation began on October 31, 2016.   The jury delivered a verdict on November 14, 2016.  Finding him not guilty of murder but guilty of the lesser charge of manslaughter in the first degree.  David was remanded to jail where he remained until late December when his increased bail was met.   He was sentenced to 5 years in prison.   The conviction was reversed by the New York State Appellate Division Second Department in late August, 2018 which remanded the case to Orange County Court for a new trial.   David is currently free on bail pending commencement of that trial. 

David's defense team headed by Benjamin Ostrer and Michael Mazzariello have served pro-bono throughout the trial and appeal proceedings.  However, expert witnesses are required for the re-trial and David is now without the resources to cover those expenses.   

How You Can Help

You can help support David in 2 ways:

1. Make a financial donation that goes directly towards funding experts and trial support services  for David in court. We have a goal of $40,000 and each and every donation is extremely valued and helps us get justice for David.

2. You can share this campaign and help spread the word about Davids story.

3. Follow David's journey on via Facebook A Free David Carlson@

Some key dates;

The shooting took place on October 11th, 2013.

Carlson was arrested and put into Orange County Jail without bail on the same day the incident occurred.

On October 18th, 2013 Judge Nicholas De Rosa set Carlson's bail at $50,000 cash or $100,000 bond. Friends and family members of Carlson posted his bond that same afternoon.

 
On October 24th, 2013 Carlson is indicted on five counts.

More than a year later, on November 6th, 2014 Judge Freehill decides to dismiss the previous year's indictment due to flaws in the grand jury presentation.

Finally on October 31st, 2016 the jury began to deliberate.

On November 14th, 2016 the jury convicts Carlson of first‑degree manslaughter.

On August 22nd, 2018, Carlson's conviction was overturned at the appellate level and he was granted a new trial.

January 25, 2019; appearance before Judge Freehill in Orange County Court to schedule the re-trial