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Vt. high court tosses Bolaski murder conviction - WCAX.COM Local Vermont News, Weather and Sports-

Vt. high court tosses Bolaski murder conviction

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Kyle Bolaski Kyle Bolaski
MONTPELIER, Vt. - A Vermont man convicted of gunning down a man who was chasing him with an ax will get a new trial. Friday, the Vermont Supreme Court threw out the second-degree murder conviction of Kyle Bolaski.

Bolaski was found guilty for the 2008 killing of Vincent Tamburello. Bolaski claimed it was self-defense, but evidence showed Tamburello was shot in the back, and prosecutors say Tamburello was no longer threatening Bolaski when the fatal shot was fired.

Bolaski appealed the conviction on the grounds the judge gave the jury improper instructions and wrongly excluded evidence of Tamburello's mental health.

The Supreme Court agreed and sent the case back for a new trial.

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