Murder Charges Dropped, Shooting Was Self-Defense

WCAX.com ^ | 26 November, 2008 | NA

[marktwain]

Chester, Vermont - November 26, 2008

Murder charges have been dropped in a fatal shooting in Windsor County.

Kyle Bolaski, 24, of Springfield, was charged with second-degree murder, for killing Vincent Tamburello, 32, of Springfield, in August during a fight at a park in Chester. Bolaski claims Tamburello was chasing him with an ax, so he shot him twice.

A grand jury agreed the shooting was self-defense.

Bolaski will face aggravated assault charges for allegedly hitting Tamburello with the gun after the shooting.

[marktwain]

A previous story is available at the link. It looks to me as if the prosecutor really wants to go after this guy. The jury thought it was justified. Interesting difference with the North Carolina story from yesterday, where the homeowner subdued the burglar by hitting them with the shotgun, and they were not charged with anything.

[OCCASparky]

Shot him twice, THEN hit him with the gun?

Sounds like this guy needs to be charged with not using a big enough caliber. Shoot a guy with a .45, you don't need to hit him afterwards.

[decimon]

Bolaski claims Tamburello was chasing him with an ax, so he shot him twice.

Oh come on, he should have shot the ax out of his hands.

[Lonesome in Massachussets]

That’s what Jack Bauer or the Lone Ranger or 0bama wudda done.

[DieHard the Hunter]

> Oh come on, he should have shot the ax out of his hands.

What rubbish. He should have asked him nicely to drop the ax. If that didn’t work, he should have asked him nicely being sure to say PLEASE.

Guns are bad!

[decimon]

What rubbish. He should have asked him nicely to drop the ax. If that didn’t work, he should have asked him nicely being sure to say PLEASE.

I just stop, raise my finger and say, "Eh, what's up doc?" Works every time.

[sig226]

I tried that once and it ended up with pronoun trouble.

“It’s not, ‘He doesn’t have to shoot you now.’ It’s, ‘He doesn’t have to shoot me now.’ Well I say he does have to shoot me now . . .”

After that one I got a carry permit. :)

[Gay State Conservative]

Bolaski will face aggravated assault charges for allegedly hitting Tamburello with the gun after the shooting.

The prosecutor who brings forth *those* charges should be shot with balls of his/her own poop.

[Marauder]

Should have hit him with his own axe.

[Captain Rhino]

From a previous story at the link:

"He is able to get a gun out of the truck, and he is pleading with the decedent to stay away. There is one shot fired," Bolaski's lawyer Kevin Griffin said.

Papers state that Bolaski hit the victim in the leg with that bullet. Prosecutors say that shot was justified because there was "adequate provocation."

"Once, the deceased had been hit, the situation changed," said Windsor County State's Attorney Robert Sand.

But Sand says that after the victim was hit once, Bolaski did not need to fire a second shot.

"The deceased stopped pursuing the defendant. And was no longer brandishing the axe," Sand said.

Bolaski also faces an aggravated assault charge because papers state he hit the victim in the face with the butt end of his gun after the second shot was fired.

[Travis McGee]

He should have let the guy strike him with the axe a few times, to be really SURE of his ill intentions, before shooting him.

/sarc

[dokmad]

Shoot a guy with a .45, you don't need to hit him afterwards.

Amen brother. And, is it really an assault hitting e DEAD man?

[decimon]

He should have let the guy strike him with the axe a few times, to be really SURE of his ill intentions, before shooting him.

Absolutely! Appearing in court with an ax in your head wins over the jury every time.

[Travis McGee]

The prosecuter might even have liked him then.

[decimon]

The prosecuter might even have liked him then.

Ax me no questions, I'll fell you no lies - not the prosecutor.

[tiki]

It must really be obvious that he wasn’t guilty because they can usually get an indictment in a GJ if they want one.