Sand to withdraw from Chester shooting case

The county's top prosecutor will withdraw from two cases involving the alleged August 2008 beating and fatal shooting of a Springfield man in Chester.

http://www.rutlandherald.com/apps/pbcs.dll/article?AID=201002240339                 # # # # Sand to withdraw from Chester shooting case • Rutland Herald • By Josh O'Gorman STAFF WRITER - Published: February 24, 2010 • WHITE RIVER JUNCTION – The county's top prosecutor will withdraw from two cases involving the alleged beating and fatal shooting of a man in Chester. • Windsor County State's Attorney Robert Sand made the announcement on Tuesday afternoon during a status conference for Timothy J. Arbuckle, 29, of Chester. Arbuckle is facing a simple assault charge for allegedly kicking Vincent Tamburello Jr., 32, of Springfield, as he lay dying from a gunshot wound to his back Aug. 17, 2008, at Mackenzie Field in Chester. • The alleged shooter, Kyle D. Bolaski, 26, of Chester, is facing a felony manslaughter charge after he took a hunting rifle from his pickup and shot Tamburello � who was chasing Bolaski with a splitting maul � once in the leg and again in the back, according to affidavits. • "Within two weeks, there will be a substitute notice of appearance filed by new counsel, specifically John Lavoie, who will enter an appearance as prosecutor not only in this matter, but in the companion case involving Mr. Bolaski," Sand told Judge Theresa DiMauro. • Lavoie is a Franklin County deputy state's attorney who was previously a prosecutor in Windham County, and as a former prosecutor for the Southern Vermont Drug Task Force has appeared in White River Junction District Court. • There has been tension between Sand and Tamburello's family since the cases began, with the victim's father first complaining he was not notified of court dates in time to make the drive from Methuen, Mass., and later when Sand dismissed a second-degree murder charge after a grand jury declined to return a charge of either murder or manslaughter. In October, Sand filed a new charge of manslaughter against Bolaski. • "I would not be candid if I said that was not a factor," Sand said of the conflict. "The ultimate goal is that there be a just outcome and this was a case that, in my view, justice would be better served with a new set of eyes." • The victim's father, Vincent Tamburello Sr., who was in court Tuesday, was encouraged by the turn of events. "It's a positive step in the right direction. Obviously, with Sand off the case, we feel a lot better that this could go in the right direction now," Tamburello said. • Like the new manslaughter charge, it's unclear why the change was happening at this time. • "I basically think the pressure got too much for them, as far as the truth coming out," said Tamburello, who, along with family members, wore a button in court with a picture of his son and the words "Know the truth." • Tamburello said, "I can't get into his mind as to why he was told to step down, but I don't think he did it on his own." • Sand rejected the notion that the decision was anyone's other than his. • "Absolutely not," Sand said when asked if he had been forced out. "Nobody has the authority to do that." • Bolaski is scheduled to go to trial in early May. •