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Expert: Orange County Shotgun Killing Trial To Test Limits Of Deadly Force

GOSHEN, N.Y. (CBSNewYork) -- An Orange County man was back in his home Friday night for the first time in a week -- the same home he said he was defending when a fleeing rape suspect was shot and killed.

It's an incident New York State Police are calling murder, CBS 2's Lou Young reported.

David Carlson, a 42-year-old father of three, walked out of the Orange County Jail on dramatically reduced bail late on Friday, one week after being arrested for the killing of fugitive rape suspect Norris Acosta-Sanchez in the heavily wooded community of Sparrowbush -- 90 miles northwest of Manhattan -- a fatal encounter he didn't want to talk about.

"I feel good. I'm glad I got decent bail and glad to be back to my family," Carlson said, adding when asked if he was shocked by the arrest, "I'm not going to comment on that now."

Bail had first been set at $250,000 and the district attorney wanted to increase it, but the judge slashed the request down to $50,000. Carlson's wife said her husband has no intention of running.

"Once everything comes out, he's innocent. He's innocent. You will see that," Sarah Carlson said.

The shotgun killing of the fugitive, though, is something that has to be prosecuted, according to Bernard Brady, a long-time veteran criminal lawyer in Orange County.

"New York is not a 'stand your ground state.' There is a duty to retreat, especially if you're armed and the other person isn't. You can't walk away from a dead guy when there's a shooting involved," Brady said.

But it isn't just a shooting; it's an act many here consider to be heroic -- a defense of the community. It has now set the stage for a trial that could help define the limits of deadly force when an armed citizen is facing a fleeing criminal suspect.

Carlson was indicted by a grand jury on Thursday.

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