Tuesday May 15, 2012

PITTSFIELD -- A tentative trial date has been set in the Berkshire Superior Court case of Kurt H. Hudson, the man who shot and killed Nikolas Carnute in December in an act of self-defense, for two firearm violations.

On Monday, Hudson, 25, of Pittsfield, who remains behind bars on $100,000 bail, appeared before Judge Daniel A. Ford for a pretrial hearing. Hudson’s attorney, Timothy J. Shugrue, and First Assistant Berkshire District Attorney Paul J. Caccaviello agreed to a final pretrial conference date of Sept. 12, with a trial scheduled for the October-November trial list.

Hudson has pleaded not guilty to single counts of illegal possession of a firearm and possession of a firearm with a prior conviction for a serious drug offense.

Hudson shot Carnute, 23, in self-defense the night of Dec. 4 on Wellington Avenue in Pittsfield, according to the Berkshire District Attorney’s Office.

The D.A.’s office determined that Hudson was sitting in a car in the driveway of 48 Wellington Ave., when Carnute pulled a gun on him. Hudson quickly pulled out onto the street and fired twice while driving backward down Wellington Avenue. One of the bullets struck Carnute in the head, eventually killing him.

Carnute’s gun was never recovered. Police believe one of Carnute’s associates picked it up before leaving the scene.

Hudson fled to South Carolina, where he was arrested by local authorities and returned to Massachusetts.

On Jan.


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17, it was announced that a grand jury failed to indict Hudson on a murder charge, but did indict him on the gun charges.

A conviction on the charge of possession of a firearm with a prior conviction carries a minimum three-year state prison sentence and a maximum penalty of 15 years.

Hudson was convicted in 2006 of possession of cocaine with the intent to distribute and a drug violation near a school after he was caught with 50 grams of cocaine following a traffic stop. For that, he was sentenced to three years in jail.