Was it self defense or Murder?


Here is a case that just happened and is going to court soon he says he was in the right with every thing he did. So do his friends but i ask you to read it and post what you think. I will tell you what i think and that is. The first shot was self defense but the other two where not. the rifle butting of the guys head when he was on the ground sure the hell was not. But maybe thats just me read the story and you tell me if it was SD or Murder?


CHESTER — The first shot was self-defense but the second was murder, Windsor County State1s Attorney Robert Sand told the court Monday, as he charged a Springfield man with gunning down an axe-wielding assailant who had already been wounded at the McKenzie Field ballpark on Sunday evening. Meanwhile, Vermont State Police at the scene would not confirm or deny that a young woman was at the center of an argument between the two men that resulted in the death.

Kyle Bolaski, 24, stood in a bright red prison jumpsuit before Judge Kathleen Manley in Windsor District Court in White River Junction and wiped his eyes repeatedly Monday afternoon as his court-appointed public defender, attorney Kevin Griffin, entered innocent pleas on his behalf to second-degree murder and aggravated assault with a weapon.

Seated immediately behind the defense table in the first row of the courtroom were both of Bolaski’s parents, his sister, and his 22-year-old brother Corey Bolaski who, according to court documents, told police Sunday night that he fired either one or two warning shots into the ground himself during the same confrontation that ended with his brother’s arrest.

Police estimate that somewhere between 30 and 40 people witnessed the last minutes of Vincent “Vinny” Tamburello’s life and all of the statements detectives made reference to in the affidavit filed with the court on Monday seemed to clearly agree that Tamburello, 32, was the initial aggressor. Authorities said there were three groups of witnesses present by the time the shooting took place at 7:20 p.m.: Tamburello and a couple of female friends, the Bolaski brothers and approximately a dozen of their friends, and the much larger gathering of softball players and spectators who were relaxing post-game in a beer tent between two of the ballfield’s diamonds.
Kyle Bolaski, 24 appears in Windsor District Court in White River Jct. on Monday.

Police in Springfield had already spent Saturday night dealing with complaints that Tamburello had made death threats, slashed tires, invaded a house and stolen money, and knocked one person out cold with his fist. By the time Sunday evening rolled around and several of the people Tamburello had been harassing gathered at McKenzie Field there was already allegedly talk in the air that a fight was imminent.

Sources close to the scene said that Julie Kronberg, Tamburello’s girlfriend, was the likely cause of the fight. Tamburello had recently moved from Boston to Springfield to be with Kronberg and became upset over a text message she had received from a man Tamburello suspected she had been involved with. After Tamburello stormed into a house in Chester Saturday night and “took some money off the table and left,” Jerry Ucci, 21, told police that “some friends got together” and chased Tamburello to Kronberg’s house in Springfield where he said Tamburello got rid of them by brandishing a taser and a knife. Springfield police were called but the affidavit said no one ended up being arrested as of Saturday night.

Tamburello's rage allegedly carried over into the next evening. where he confronted a group congregated at the common area between the two ballfields at McKenzie Park.

Lt. Timothy Oliver confirmed many details of the case but said that a motive had not been determined. “We want to get all our ducks in a row before coming to a conclusion,” he said.
Softball player Casey Brickey, 24, told police he “overheard earlier in the evening that there may be a fight,” and so he noticed as brothers Kyle and Corey Bolaski pulled into the parking area in their silver Ford pickup truck along with “a few other vehicles.” A short time later a gray Pontiac G6 driven by Kronberg pulled in with another women seated in the front and Tamburello in the back seat, witnesses said. Brickey said that someone approached the Pontiac and then returned to where the Bolaskis and their group were gathered, before that whole group began moving toward Tamburello’s vehicle.
At that point, witnesses told police, they could hear a shouting match erupt as Tamburello got out of the car, flipped a taser into view, and began making sparking noises with it.
Next, witnesses said Tamburello retrieved a pick ax from the back of Kronberg’s car and then charged down the slope at the group of men approaching, holding it aloft as he ran. Witnesses agreed that Tamburello began smashing Bolaski1s truck with the ax, denting the doors and breaking out the windows, until Kyle Bolaski climbed out of the passenger side carrying a “0-06 rifle. Kyle circled around the front of the truck, aiming toward Tamburello from the front driver’s side toward the back of the driver’s side of the pickup and fired one round into Tamburello’s thigh area, witness Nicholas Batchelder, 23, among others, told police.

During Monday’s court hearing, State’s Attorney Sand took pains to stress that shot was not the one Bolaski was being charged with firing. It was what allegedly happened next that moved Kyle Bolaski from victim to murderer in the state’s calculation.
Sgt. William Jenkins of the state police said that witness Kristina Morgan, 19, heard the first shot and saw that Tamburello “buckled,” from the impact to his leg, then saw Kyle Bolaski run after Tamburello.
As the first shot was being fired, Corey Bolaski retrieved a second, smaller rifle from the interior of the truck. Police said Corey Bolaski told them he was concerned that Tamburello would go for the rifle himself but, as he was removing it to get it safely away from the vehicle, Tamburello came around the front of the truck so he fired two warning shots into the ground before retreating.

Kristina Morgan told police she heard those two “BB gun style shots” and then two more “loud gun shots” at which point she saw Tamburello fall to the ground. Her view was partially blocked, but she told police she then saw Kyle Bolaski “run up to Tamburello and observed Bolaski hitting something on the ground three or four times with the butt of his rifle. She then observed Tim Arbuckle kick something lying on the ground which she thought was Tamburello,” Detective Jenkins wrote.
In a similar account, Batchelder told police he saw Corey Bolaski fire a round into the ground with his .22 caliber rifle and then as, “they continued moving around the truck Kyle Bolaski shot again and hit Tamburello in his lower side abdomen area,” Jenkins wrote, saying that Batchelder continued by saying, “Tamburello went down and Kyle Bolaski came over and hit him hard three times in the head with the butt of the rifle.”
“Kyle Bolaski then started hollering to everyone, “You saw it! It was self defense!,” according to Batchelder and at least one other witness who gave a statement.
Brickey described the shooting sequence the same way as the other witnesses, telling police that when it came to the first round which hit Tamburello in the upper leg, “there was no doubt that the gunshot came from Kyle Bolaski.”
Brickey said next Corey Bolaski fired two “smaller caliber” shots in front of Tamburello which made the “dirt fly” before Corey turned and started running towards a nearby latrine. Brickey then saw Kyle Bolaski “pursuing the guy with the axe in front of the vehicle parked next to (his) truck,” Jenkins wrote, continuing, “Brickey heard another shot, ran up to the guy who was lying on the ground, and the guy was ‘really messed up’,” Jenkins recalled Brickey saying.
Brickey told police that a few moments later, as he was sitting in his own truck getting his thoughts together, Bolaski allegedly approached him and “said something to the effect of ‘that was self defense’,” Jenkins wrote, adding, “Brickey was asked about his opinion and he said that it was definitely not self defense, (that) Kyle was pursuing the other guy.”
Tamburello continued to call with threatening phone and text messages saying he was “going to get everyone who was there last night,” Ucci told police, prompting one of the friends, Tristan Blanchard to call Ucci and the Bolaskis “crying because he was so scared,” the detective quoted Ucci as explaining.
Ucci told police that once he saw Tamburello chasing them with the axe he was convinced that Tamburello “definitely was on something because he kept coming at Kyle.”
“‘I’ve never seen anyone that angry — he was like psychotic,” Jenkins quoted Ucci as saying.
Tamburello was still alive and moving slightly when the first police officers arrived at the scene approximately five minutes after the shooting took place.
Medical responders, including a DHART helicopter crew who landed at the scene and worked on Tamburello for 45 minutes before he was declared dead, noted that he apparently bled to death from “a very deep jagged flesh wound” to his lower abdomen. Detective Sgt. Mike O1Neil also noted that in addition to a pair of bullet wounds, including an exit wound on his back, Tamburello had bruising, swelling and bleeding in and around his left eye,”consistant with witness reports of Tamburello being hit by Bolaski with the butt end of the gun.”
During Monday’s court hearing, defense attorney Griffin described Kyle Bolaski as a full-time landscaper with only one DUI on his criminal record who had spent his entire life in Springfield, graduating from the high school in 2002 before getting an associates degree at the University of Massachusetts and returning to town. “He was living with his parents up until a couple of months ago,” Griffin said, arguing in favor of a reduced bail amount, which Judge Kathleen Manley eventually set at $100,000.
Griffin characterized the police description of what led up to the shooting as the “tip of the iceberg” of what will eventually be investigated before a jury eventually decides, “whether or not this shooting was justified or unjustified.”

“The problems with (Tamburello) begin the day prior and had absolutely nothing to do with Kyle,” Griffin argued, continuing, “At least two of the witnesses felt threatened or had been threatened (by Tamburello but) Kyle had never met (Tamburello) before.”
“There is absolutely a prima facie case of self defense here with not one but two deadly weapons being used to initiate the confrontation,” Griffin argued.
Speaking outside the courthouse after Bolaski was led back to the holding cell, State’s Attorney Sand said, “Up until the time of and through the initial gunshot that was a legitimate exercise of self defense (but) the dynamic of who was the aggressor and who was the retreating party changed after that first gun shot.”
On the felony aggravated assault charge, which stemmed from the alleged rifle butt beating to the head, Bolaski faces a maximum potential penalty of up to 15 years in prison. On the second degree murder charge, the presumptive penalty upon conviction in Vermont is a 20-year minimum term and a maximum of up to life
 

Very bad situation. I forsee a "guilty" verdict. The kid's shot placement was way off. The first shot should have been into the perp's vitals. Since hitting the guy in the leg stopped the attack and sent the perp on a hasty retreat, The kid should have backed off then. Looks like his temper got the best of him and he went too far, turning into the agressor in the end.

On another note, the "warning shots" were totally unnecessary. They're lucky that they weren't charged for the reckless actions.



gf
 

johnsteele

New member
Yep, sounds to me like he crossed the line. The first shot was self defense. At that point the attacker stopped and anything beyond that is over the line.
 
It sounds to me like if the police had done their job the night before that this situation may never have came to pass. It also sounds like the world is better off without this Tamburello in it. It is as the previous poster said too bad that the first shot wasn't to the vitals. The article was kind of confusing, was Tamburello still pursuing the brother of the shooter when he was shot a second time? I think the damning point of it all comes down to using the rifle butt on the guy once he was down. Had it been me he would have gotten two in the chest to begin with, and a third to the cranio-ocular if he still pursued.
 
Yes- you shoot to stop the attack or aggression. Any shots after that you are not shooting in self defense. Another note --it does not matter what happened the night before or even if the police were or were not doing thier job-- what matters is what happened when shots were fired.. this guy is going to jail...
 
From what i can get from it, He was attacking his truck so he took his rifle and AIMED for his leg and shot him. The shot to the leg was well aimed and meant to hit there. From there from what people say that where there he said " I am Done" At the point no longer wanted to fight started to back off and was shot in the Lower part of the body. From there backed off again and was shot in the back. When he was on the ground they kicked him all over his body and then beat him to death with the rifle butt. I will keep you up to date on what happens. At some point after the first shot the other brother got his gun and shot two shots in the ground. But what i want to know is why did they show up to a fight with rifles in there trucks? For that matter why show up at all?
?
 
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Palmach

New member
It seems to me that while the dead guy was the aggressor, the guy who shot him and the others were looking for a fight. There is a vast difference between protecting yourself from attack, and letting someone know that you are there to avenge the threat against a friend.

Very stupid mistakes on the part of both individuals, and now both their lives are done. One is dead, and the other one is going to be in jail a very long time.
 

capo2186

New member
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.
 
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tattedupboy

Thank God I'm alive!
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.
 

tiger55

New member
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
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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...
 
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.
 
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.
 

Shoots Running

New member
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.
 

MP3Mogul

New member
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.
 

tiger55

New member
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."
 
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?
 

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