GOSHEN - A new grand jury will hear evidence in the fatal shooting of fugitive Norris Acosta-Sanchez by David Carlson in Deerpark.

Acosta-Sanchez was wanted on statutory rape charges out of Rockland County and had escaped from police when Carlson fatally shot him on Oct. 11, 2013, outside a neighbor's home. According to hearing testimony, Carlson was walking Acosta-Sanchez to a neighbor's so someone could call 911. Carlson has said he fired his shotgun in self-defense after Acosta-Sanchez lunged toward him. Acosta-Sanchez had become the subject of a massive police search after escaping from custody.

Carlson was indicted on murder and manslaughter charges in late 2013, when Frank Phillips was still district attorney in Orange County. David Hoovler, then law partners with Benjamin Ostrer, represented Carlson at his initial local court arraignment, so when Hoovler took office in January, an administrative judge appointed the Westchester District Attorney’s Office as special prosecutor. Ostrer remains Carlson’s defense lawyer.

At a pretrial hearing on statements Carlson made to police, Ostrer filed a strongly worded motion asking for the dismissal of the case. He argued that a police investigator testified to grand jurors that Carlson never claimed that Acosta-Sanchez lunged at him, when the recorded statements showed Carlson did.

Last month, Orange County Court Judge Robert Freehill dismissed the indictment. Freehill granted the prosecution the option of appealing the dismissal or presenting the case to a new grand jury. They opted for the new grand jury.

Ostrer said he was aware of Westchester's decision, but hasn't yet gotten formal notice.

"Hopefully, once the grand jury has all of the evidence, the matter will be concluded without indictment," Ostrer said. "We remain cautiously optimistic."

The grand jury presentation will be done in Orange County.

Lucian Chalfen, spokesman for the Westchester County District Attorney's Office, said prosecutors cannot comment further on a pending case.

Carlson, who has had the support of friends and neighbors throughout the case, has been free on bail since the week following the shooting. He returns to court Dec. 8.

hyakin@th-record.com