Wednesday, August 27, 2008

Chester suspect's bail hearing canceled

A bail review hearing scheduled for today for a Chester man accused of murder has been canceled.
http://www.rutlandherald.com/apps/pbcs.dll/article?AID=2008808270350           # # # # Published August 27, 2008 in the Rutland Herald Chester suspect's bail hearing canceled ¶ By JOSH O'GORMAN Herald Staff ¶ WHITE RIVER JUNCTION — A bail review hearing scheduled for today for a Chester man accused of murder has been canceled. ¶ On Monday, Windsor County State's Attorney Robert Sand filed a letter with White River Junction District Court withdrawing his request for a hearing to review the bail for Kyle D. Bolaski, 24. Bolaski is accused of shooting and killing Vincent R. Tamburello, 32, of Springfield, on Aug. 17 in the parking lot of MacKenzie Field. ¶ On Aug. 18, Bolaski pleaded innocent to felony charges of second-degree murder and aggravated assault with a weapon and was held on $100,000 bail. ¶ On Aug. 20, Sand filed a motion asking the court to review Bolaski's bail in light of recently received information from the deputy chief medical examiner and a statement from a man who told police he was with Bolaski immediately prior to the alleged shooting. ¶ According to an affidavit filed with the court, Bolaski told police he had shot Tamburello in self-defense after Tamburello threatened him with an ax. Bolaski also told police he always has a gun in his truck, which he uses to hunt coyotes when he is out scouting for deer, court records state. ¶ According to a report from Deputy Chief Medical Examiner Elizabeth Bundock, examination revealed Tamburello had died from a bullet that entered his lower back. During an interview with Tristan Blanchard, 22, of Chester, police learned Bolaski had placed the gun in his truck immediately prior to a planned meeting with Tamburello, court records state. ¶ Based upon the report from the medical examiner and the interview with Blanchard, Sand filed a motion seeking to raise 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 that he shot the fatal round in self-defense," Sand wrote in the Aug. 20 motion. "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 (Bolaski's) truck in anticipation of a confrontation." ¶ In a letter filed Monday with the court, Sand withdrew the state's request for bail review, writing, "The State is still awaiting significant discovery materials in this case. In light of that the State is withdrawing its request for bail review, understanding the State may refile the request at a later date." ¶ During a subsequent interview, Sand said, "There is still information coming to light and we don't want to present this case piecemeal." ¶ When asked if he had notified Tamburello's family — who reside in the Boston area — that the hearing had been canceled, Sand said he would not discuss his office's conversations with the families of victims, but said in general, "we work diligently to keep family apprised of case developments." ¶ According to court records, Bolaski is currently out on bail. On Aug. 19, David Bolaski, whose relationship to the accused is unknown, presented the court with a certified check for $100,000, court records state. 

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