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Thread: Was it self defense or Murder?

  1. #11
    Good point in saying "why bring rifles to a fight".

    I also agree with, the first shot should have been in the vitals. Even if it had killed him, it would have still been self defense. He most definatly crossed the line with the second and third shot and absolutly with the rifle butt beating. He lost his temper because his car got smashed up. It sure sounds like the attack was halted after the first shot. I was not there, so I can't say for sure, but if he was still the aggressor after the first shot (which it doesn't sound like) then the second shot would be justified, but thats it. When people loose their temper, bad things happen. This person I bet regrets it today. It was a lose lose situation, the moment they decided to take rifles to a fight. That is asking for trouble.
    Last edited by capo2186; 08-22-2008 at 06:45 AM.
    "Si Vis Pacem, Para Bellum"

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  3. #12
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    The consensus seems to be that the second shot was unnecessary. I would agree, accept I'm not certain if the shots were fired in quick succession. This is important because if indeed the shots were fired quickly in succession, then I believe that it could be argued that he was defending himself. If, however, the second shot was fired moments after the first, then yes, he should be prosecuted for murder. If I were a juror in this case, I'd want to know that.

    Regardless of what happened, I feel that what happened here was totally unnecessary and could have been avoided. It is especially important for anyone who is armed to be proficient in nonviolent conflict resolution, and that skill certainly would have come in handy in this case.

  4. update

    First post for me, found this site on a web search for info about this case. I had friends who were at the seen, and it was obvious that there was a lack of thinking involved. a guy comes after me with an ax, i run..not to my truck for the gun...i run away. fact, the vinny guy was a hot head, he stole music equipment from someone else i know, and created a lot of issues, but did he deserve to die, absolutely not!! does the Bolaski kid deserve to be in jail for the rest of his life ABSOLUTELY. The first thing I asked when I heard this Monday morning was, did he load the guns during the altercation? Why does he need a shot gun and .22 in his truck in the middle of August in Vermont....well my answers are now answered!!! From growing up in this area, the people in Bolaski age range have to wake up, and stop being punks. Rumor has it that a drug altercation a few weeks back had something to do with all of this. If these punks would just get up and move, and go live in the inner city somewhere to live there 'slanging dope, thug/punk life style' maybe our small town in southern vermont would be a safer place again. what i'm worried about is what is the payback of this going to be? vinny's brother was 'CT' from the Real World show on MTV. CT is a very hot headed person himself(as shown on TV). He was living in the Springfield Vermont area for some time a few years back. He knows of people in the area, so I bet he could find info out on all parties involved. I heard that Mr. Bolaski has been bailed out, if I was him, I probably rather be sitting in a cell. All of this leads up to possible future altercations. Here is an updated story from the local paper.

    New evidence contradicts self-defense in shooting

    August 22, 2008

    By Josh O'Gorman Herald Staff
    RELATED ARTICLES
    #
    Accounts differ in chester shooting
    08/20/2008

    WHITE RIVER JUNCTION Recently released documents appear to undermine a Chester man's assertion he acted in self-defense when he shot and killed a Springfield man Sunday night.

    Kyle D. Bolaski, 24, has been held on $100,000 bail since pleading innocent Monday in White River Junction District Court to charges of second-degree murder and aggravated assault with a deadly weapon.

    According to documents filed with the court, Bolaski asserted he acted in self-defense when he shot and killed Vincent R. Tamburello Jr. in the parking lot of MacKenzie Field. Court records state multiple witnesses saw Tamburello chase Bolaski with an ax before Bolaski drew a rifle from his pickup and shot Tamburello.

    Bolaski told police he always carries a rifle in his truck because he likes to hunt coyotes when he is out scouting for deer. However, new documents appear to poke holes in both Bolaski's claim of self-defense and that the rifle just happened to be in his truck.

    Court records state Bolaski told police he twice shot Tamburello as Tamburello approached him with an ax.

    After studying the body, the deputy chief medical examiner determined Tamburello was shot twice once in the upper leg and once in the lower back. The medical examiner's report told police the wound to Tamburello's back caused his death, court records state.

    Police affidavits state that multiple witnesses and Bolaski himself told police he had fired the first shot into Tamburello's leg. Bolaski told police Tamburello continued to advance upon him but two witnesses told a different story.

    Kristina Morgan, 19, and Casey J. Brickey, 24, both told police that after being shot in the leg, Tamburello retreated from Bolaski. According to court records, Brickey said Bolaski was chasing Tamburello with a gun in his hand before he fired the first shot, and in his opinion, Bolaski had not acted in self-defense.

    Police have released a report detailing an interview with a man who was with Bolaski immediately prior to the shooting. On Monday, police interviewed Tristan Blanchard, 22, of Chester, who told police that the day before the shooting Tamburello had come to his house and there had been an incident that left Blanchard afraid of Tamburello.

    Blanchard told police that on Sunday, he received a phone call from either Bolaski or his brother Cory Bolaski, 22, and the Bolaski brothers along with Jerry Ucci, 21 picked up Blanchard in Cory Bolaski's pickup.

    Blanchard said there was a rifle in Cory Bolaski's truck when they picked him up, court records state.

    Blanchard told police Ucci called Tamburello and the two had a "heated" conversation, with the two agreeing to meet at Mackenzie Field, court records state. However, Cory Bolaski's truck was low on gas, so before meeting Tamburello they drove to Cory Bolaski's house to get Kyle Bolaski's truck. While there, Blanchard told police, Kyle Bolaski transferred the rifle from his brother's truck to his own, Cory Bolaski got a second rifle from inside his house and the four went to the park to meet Tamburello, court records state.

    Due to the new reports from the medical examiner and the police, Windsor County State's Attorney Robert Sand filed a motion asking the court to increase Bolaski's bail from $100,000 to $250,000.

    "The back-to-front direction of travel of the fatal shot undermines (Bolaski's) claim that the deceased was pursuing him and he fired the fatal shot in self-defense," Sand wrote in his bail review request. "Additionally, although (Bolaski) claims the guns were in his vehicle as a result of an earlier deer scouting trip, newly received information makes clear the guns were deliberately placed in (his) truck in anticipation of a confrontation. (Bolaski's) anticipation of the confrontation and the arranged placement of the guns further undermine the self-defense claim."

    Judge M. Kathleen Manley will review Bolaski's bail at 9 a.m. Wednesday in White River Junction District Court.

    While it remains unclear what happened Sunday night at Mackenzie Field and even less clear what brought Bolaski and Tamburello there in the first place, at least one member of Tamburello's family is convinced Bolaski did not act in self-defense.

    "They lured him there to kill him," said Tamburello's cousin, John Michael, of Brockton, Mass. "The thought of him being lured there broke my heart. He was so gullible. You could tell him anything and he'd believe it.

    "I've seen him take on four or five guys and be the last guy standing," Michael continued. "These guys brought guns because nobody could beat Vinnie



    *It's a shame that any of this had to happen. Hopefully people will learn from this. Beating a man when he is down from gun shot wounds is wrong. I believe everyone who was kicking Vinny when he was down should be doing some time also. Everyone knew that a fight would break out, Vinny had an Ax, and a taser...the Bolaskis had riffles. The worst thing about all of this, is there were little kids in the area at the time of the shootings. The person I spoke with who saw this, said "atleast they were smart and fired away from people" Hmm, yeah good job from keeping gun shots away from kids. Also what the article doesn't say is that drinking was involved. How about the punks drinking there 40oz before it went down...

  5. #14
    I don't have all the facts but from what i read and what people are saying. The first shot to the leg , then the guy said( I am done) was shot again then turned his back to the shooter and was shot in the back. Then got the rifle butt to the head when he was down.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  6. #15
    As for a rifle at a fight, it may have been in the truck. However, I agree that the shooter, and friends, overstepped the boundaries. Maybe more facts will come out at the trial, but I foresee a guilty verdict.

  7. One important issue will be that apparently the Bolaski brothers and their entourage were looking for a fight. That's what they were at that loction for, as was Tamburello. And all came armed.

    Sounds like the police really dropped the ball here.

    To me, the whole bunch sounds like a bunch of 'marginals.' Not the best gene-pool material I've ever heard about.

  8. #17
    I think he will be convicted of Murder!

    As all have said, the first shot stopped the attack. You are obligated to stop if you are not in a Castle Doctrine state.

    I personally would not care if I was a Castle Doctrine state or not. If I fired, he fell, doesn't matter where I hit him, if I can escape, I would escape from there and get myself, and or my family to safety, as soon as the threat is gone.

    I have been in two shootings. It's no fun... once the BG lived, once he did not. I was not charged in either incident, but I only shot to stop the offense, not to murder afterwards.

    I think it was a bad temper, almost to "get even" when I read the story, like "you're not gonna do this to me" and he will be convicted, as he should be.
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  9. I tried posting this earlier today, with some other 'first hand' info about the parties involved. I will just post the lastest article out of the local newspaper.
    WHITE RIVER JUNCTION Recently released documents appear to undermine a Chester man's assertion he acted in self-defense when he shot and killed a Springfield man Sunday night.

    Kyle D. Bolaski, 24, has been held on $100,000 bail since pleading innocent Monday in White River Junction District Court to charges of second-degree murder and aggravated assault with a deadly weapon.

    According to documents filed with the court, Bolaski asserted he acted in self-defense when he shot and killed Vincent R. Tamburello Jr. in the parking lot of MacKenzie Field. Court records state multiple witnesses saw Tamburello chase Bolaski with an ax before Bolaski drew a rifle from his pickup and shot Tamburello.

    Bolaski told police he always carries a rifle in his truck because he likes to hunt coyotes when he is out scouting for deer. However, new documents appear to poke holes in both Bolaski's claim of self-defense and that the rifle just happened to be in his truck.

    Court records state Bolaski told police he twice shot Tamburello as Tamburello approached him with an ax.

    After studying the body, the deputy chief medical examiner determined Tamburello was shot twice once in the upper leg and once in the lower back. The medical examiner's report told police the wound to Tamburello's back caused his death, court records state.

    Police affidavits state that multiple witnesses and Bolaski himself told police he had fired the first shot into Tamburello's leg. Bolaski told police Tamburello continued to advance upon him but two witnesses told a different story.

    Kristina Morgan, 19, and Casey J. Brickey, 24, both told police that after being shot in the leg, Tamburello retreated from Bolaski. According to court records, Brickey said Bolaski was chasing Tamburello with a gun in his hand before he fired the first shot, and in his opinion, Bolaski had not acted in self-defense.

    Police have released a report detailing an interview with a man who was with Bolaski immediately prior to the shooting. On Monday, police interviewed Tristan Blanchard, 22, of Chester, who told police that the day before the shooting Tamburello had come to his house and there had been an incident that left Blanchard afraid of Tamburello.

    Blanchard told police that on Sunday, he received a phone call from either Bolaski or his brother Cory Bolaski, 22, and the Bolaski brothers along with Jerry Ucci, 21 picked up Blanchard in Cory Bolaski's pickup.

    Blanchard said there was a rifle in Cory Bolaski's truck when they picked him up, court records state.

    Blanchard told police Ucci called Tamburello and the two had a "heated" conversation, with the two agreeing to meet at Mackenzie Field, court records state. However, Cory Bolaski's truck was low on gas, so before meeting Tamburello they drove to Cory Bolaski's house to get Kyle Bolaski's truck. While there, Blanchard told police, Kyle Bolaski transferred the rifle from his brother's truck to his own, Cory Bolaski got a second rifle from inside his house and the four went to the park to meet Tamburello, court records state.

    Due to the new reports from the medical examiner and the police, Windsor County State's Attorney Robert Sand filed a motion asking the court to increase Bolaski's bail from $100,000 to $250,000.

    "The back-to-front direction of travel of the fatal shot undermines (Bolaski's) claim that the deceased was pursuing him and he fired the fatal shot in self-defense," Sand wrote in his bail review request. "Additionally, although (Bolaski) claims the guns were in his vehicle as a result of an earlier deer scouting trip, newly received information makes clear the guns were deliberately placed in (his) truck in anticipation of a confrontation. (Bolaski's) anticipation of the confrontation and the arranged placement of the guns further undermine the self-defense claim."

    Judge M. Kathleen Manley will review Bolaski's bail at 9 a.m. Wednesday in White River Junction District Court.

    While it remains unclear what happened Sunday night at Mackenzie Field and even less clear what brought Bolaski and Tamburello there in the first place, at least one member of Tamburello's family is convinced Bolaski did not act in self-defense.

    "They lured him there to kill him," said Tamburello's cousin, John Michael, of Brockton, Mass. "The thought of him being lured there broke my heart. He was so gullible. You could tell him anything and he'd believe it.

    "I've seen him take on four or five guys and be the last guy standing," Michael continued. "These guys brought guns because nobody could beat Vinnie Tamburello."

  10. #19
    Yep. Seems the guy went too far. I guess it will be up to a jury to decide now.

  11. #20
    Yes it seems the whole thing was a planned set up to get him there and then kill him and try and say he was attacking him. from what i keep hearing he was a really big guy and none of them could take him. So what i think is they got him to come there said some stuff to piss him off as they had planned. Knew he would blow up and attack so they could then shoot him. Any way you cut it it was murder. What was the reason for the gun shot to the back? Or the rifle beating?

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

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