Quantcast

Self-defense or second-degree murder? - WCAX.COM Local Vermont News, Weather and Sports-

Self-defense or second-degree murder?

White River Junction, Vermont - April 30, 2010

There is no disputing the fact that Kyle Bolaski, 26, shot and killed Vincent Tamburello in the summer of 2008.

Tamburello was a native of Boston but family members say he moved to Vermont to start anew.

"Vinny was a good kid. He wasn't the best kid. He had problems like everybody else but he chose Vermont to make his life," said his father, Vincent Tamburello Sr.

What is in dispute is why the shooting occurred. It happened in a ball field in Chester. Bolaski says Tamburello was chasing him with an ax because of an argument that spilled over from a day earlier.

"The state has to prove that his actions weren't in self-defense and the overwhelming evidence is that they were completely in self-defense," said Kevin Griffin, Bolaski's lawyer.

It's a defense that a grand jury agreed with, finding there was not probable cause for a murder charge. But because multiple charges can be filed before a verdict in any case, prosecutors re-filed a second-degree murder charge. They did not offer any new evidence, only saying that the evidence offered the first time around was not properly presented, and most significantly, that Tamburello was shot twice-- the second time hitting him in the back as he tried to get away.

"And then tries to run away and is then shot in the back and killed. That is grand jury testimony," Franklin County Deputy State's Attorney John Lavoie said. "Now tell me how a grand jury listens to that and doesn't find probable cause for second-degree murder?"

Bolaski pleaded not guilty to second-degree murder Friday.

Tamburello's family says that just the fact that the new arraignment happened, is in a way justice in the case.

"This should have been done at the very beginning," Vincent Tamburello Sr. said. "It's not that there is no new evidence, it's that this is the evidence that they have had all along that they haven't worked with."

Unlike last time around, the new charges will not be presented to a grand jury. Instead this case is expected to go straight to trial sometime this August.

Adam Sullivan - WCAX News

Related Stories:

Bolaski Pleads Not Guilty to Manslaughter

Springfield Man Charged with Manslaughter

Murder Charges Dropped, Shooting Was Self-Defense

Autopsy Raises Questions About Self-Defense Claim

When is Homicide Self-Defense?

Was Chester Shooting Self-Defense?

  • Local NewsMore>>

  • 2 charged with skid-steer joyride on I-89

    2 charged with skid-steer joyride on I-89

    Monday, September 1 2014 7:52 PM EDT2014-09-01 23:52:13 GMT
    The theft of some construction vehicles caused chaos on the Interstate this weekend.
    The theft of some construction vehicles caused chaos on the Interstate this weekend.
  • Allergy sufferers brave ragweed season

    Allergy sufferers brave ragweed season

    Monday, September 1 2014 7:08 PM EDT2014-09-01 23:08:26 GMT
    If you're sneezing, your nose is running and you're eyes are itchy once again this year -- you're not alone. Fall pollen counts are peaking in our region and proving tough for allergy sufferers looking to enjoy the outdoors.Despite a spate of heat and humidity, the signs of fall are undeniable. Cooler temperatures and color are on the way. And even though many think of spring as "allergy season" due to tree pollens, this time of year can be particularly tough for allergy sufferers, too -- bec...
    If you're sneezing, your nose is running and you're eyes are itchy once again this year -- you're not alone. Fall pollen counts are peaking in our region and proving tough for allergy sufferers looking to enjoy the outdoors.Despite a spate of heat and humidity, the signs of fall are undeniable. Cooler temperatures and color are on the way. And even though many think of spring as "allergy season" due to tree pollens, this time of year can be particularly tough for allergy sufferers, too -- bec...
  • Holiday drivers find lower prices at the pump

    Holiday drivers find lower prices at the pump

    Monday, September 1 2014 6:59 PM EDT2014-09-01 22:59:21 GMT
    Drivers this holiday weekend found lower gas prices at the pump.
    Drivers this holiday weekend found lower gas prices at the pump.
  • Sanders addresses Labor Day rally

    Sanders addresses Labor Day rally

    Monday, September 1 2014 6:51 PM EDT2014-09-01 22:51:52 GMT
    Community members gathered in Burlington's Battery Park Monday to celebrate Labor Day -- and hear from Senator Bernie Sanders.Union leaders addressed the importance of employees supporting one another. They also thanked the community for supporting Vermont's unions. Senator Sanders says the holiday is for working people to not only celebrate their gains, but to also address issues facing the working class."There's a lot of work in front of us if we're going to make sure that our kids and our ...
    Community members gathered in Burlington's Battery Park Monday to celebrate Labor Day -- and hear from Senator Bernie Sanders.Union leaders addressed the importance of employees supporting one another. They also thanked the community for supporting Vermont's unions. Senator Sanders says the holiday is for working people to not only celebrate their gains, but to also address issues facing the working class."There's a lot of work in front of us if we're going to make sure that our kids and our ...
  • Bike racers wrap up weekend events

    Bike racers wrap up weekend events

    Monday, September 1 2014 6:51 PM EDT2014-09-01 22:51:16 GMT
    The Green Mountain Stage Race took to the streets of Burlington Monday.
    The Green Mountain Stage Race took to the streets of Burlington Monday.
  • Authorities seize animals from Santa's Land

    Authorities seize animals from Santa's Land

    Monday, September 1 2014 4:32 PM EDT2014-09-01 20:32:03 GMT
    The Windham County Sheriffs Department says it seized multiple animals from the theme park this weekend.
    The Windham County Sheriffs Department says it seized multiple animals from the theme park this weekend.
  • Body discovered in Massena

    Body discovered in Massena

    Monday, September 1 2014 4:02 PM EDT2014-09-01 20:02:43 GMT
    New York State Police are investigating an unidentified body found in Massena.
    New York State Police are investigating an unidentified body found in Massena.
  • Community remembers O'Hagan's presence at Sheffield Field Days

    Community remembers O'Hagan's presence at Sheffield Field Days

    Monday, September 1 2014 6:54 PM EDT2014-09-01 22:54:21 GMT

    Sheffield Field Days is a Labor Day tradition -- attended by hundreds. But each year the event reminds the community who is missing.

    Sheffield Field Days is a Labor Day tradition -- attended by hundreds. But each year the event reminds the community who is missing.

Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and WCAX. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.