If it was any state but NY (and maybe NJ/CA) he might be okay.. just from reading the article it sounds like it could be self-defense, but he fired two warning shots to get him to move... I dunno, would have to know more before I formed an opinion.
According to Carlson, as he turned his head and yelled “Carmine!” Acosta Sanchez started coming at him. Carlson fired, shooting his prisoner in the left arm. Acosta Sanchez spit curses. “You f- -k!”
As the two men faced off about five feet apart, Acosta Sanchez lunged at him. Carlson shot Acosta Sanchez in the head, killing him instantly. An autopsy found his brain stem severed, with traces of alcohol and pot in his blood.
Ferrara, (neighbor)who had peeked out the window in that instant, said he saw Carlson “backpedaling” up a slope, almost falling backward, while Acosta Sanchez moved toward Carlson.
Its a good shoot . any police officer would be justified under the same circumstances . There is no reason for an arrest that I can see.
(Im sorry, except if he was black, then Shooting an un armed man when he's charging you with weapon drawn would be grounds for a riot )