Man shot by police sentenced for assault

Friday, Aug. 6, 2004 | 9:46 a.m.

A 34-year-old self-professed drug addict was sentenced to 16 months to 2 years in prison on Thursday for using a knife to threaten a Metro Police officer who subsequently shot him.

The sentence, for an assault conviction, was less severe punishment than Michael Carlucci was initially facing.

A Clark County jury originally convicted Carlucci on charges of attempted murder with a deadly weapon and assault with a deadly weapon for wielding a knife against Officer Noe Larios, but the District Attorney's office dismissed the attempted murder charge.

Chief Deputy District Attorney Frank Ponticello said the charge was dismissed as "an issue of fairness." He said although a jury convicted Carlucci of the offense, he didn't believe the conviction would stand up on appeal.

Under the terms of the post-conviction dismissal of the attempted murder charge Carlucci gave up his right to appeal.

Larios said he is haunted by Carlucci's actions and his decision to react to them with three gunshots at Carlucci, one of which resulted in Carlucci losing a testicle.

"Not a day goes by that I don't think about what happened," Larios said. "When I wake up, go to sleep, put on my uniform and when I kiss my kids goodnight I think about it."

Larios didn't believe Carlucci's claim he was a lifelong drug user excused what Carlucci did and shouldn't be considered in his sentence.

"He's (Carlucci) a violent felon, and he will do this again. He will do this to a police officer," Larios predicted.

Ponticello argued Carlucci deserved the maximum sentence of two to five years in prison based on his history of violent offenses that included charges of carrying a concealed weapon, willfully aiming a weapon at an individual and assaulting a police officer.

Carlucci, who initially tried to turn around and face Larios as he addressed the court, made no excuses for his past, save his drug abuse and alleged abuse he received as a child.

"My past history speaks for itself as I've been breaking the law and committing crimes my whole life, and I've also been using drugs my whole life," Carlucci said. "Growing up I was abused really bad. I started carrying a weapon as protection, but no one has ever been physically harmed by me."

According to testimony at trial -- and information found in police reports after -- Carlucci provided bogus identification to Larios, who had been patrolling a parking lot.

Larios asked Carlucci to move to the front of his car, and Carlucci allegedly became angry and walked over to his car where he began "fumbling for an unknown item," according to the police report.

Larios testified at trial that Carlucci emerged from the car with a knife and took two steps toward him. Larios said his training as to when to use deadly force called for him to shoot Carlucci once Carlucci got within 21 feet.

Larios testified that he shot twice at Carlucci before disarming him. Carlucci was taken to University Medical Center, where he was treated. Larios was placed on paid administrative leave after the incident and was later cleared of any wrongdoing.