http://www.rutlandherald.com/article/20110520/NEWS02/705209945
Published May 20, 2011 in the Rutland Herald
Jury finds guilt in murder trial
By Christian Avard
WHITE RIVER JUNCTION — A jury returned a guilty verdict for Kyle Bolaski on a charge of second-degree murder in the shooting death of Vincent Tamburello of Springfield.
Closing arguments in the case took place on Thursday and the jury returned the verdict shortly after 7 p.m. at criminal court in White River Junction. Bolaski, a Chester resident, shot and killed Tamburello in a confrontation at MacKenzie field in Chester on Aug. 17, 2008. The jury on Thursday evening also acquitted Bolaski of a charge of aggravated assault with a weapon.
Judge M. Patricia Zimmerman ordered Bolaski held without bail and he was taken to the Springfield prison. Bolaski faces a minimum of 20 years to life in prison. No date has been set for his sentencing.
Members of the Tamburello family let out a gasp of relief after the verdict was read. Tamburello’s father Vincent Tamburello Sr. held a picture of his son outside criminal court. In tears, Tamburello Sr. kissed the picture of his son, looked to the sky, and made a sign of the cross.
“I can’t explain how it feels to have justice for Vinnie finally. I never thought three years ago we would be here. It was dead in the water,” Tamburello Sr. said. “My family would not give up. We knew what the evidence was. We knew they killed our son. We weren’t going to let this go.”
Testimony ended in the case late Thursday. Franklin County State’s Attorney John Lavoie in his closing argument thanked the jury and reminded them the case was not a “whodunit.”
He said the jury would be deciding if Bolaski acted in self-defense based on the credibility of the witnesses.
“The only contested element is whether this was a lawful killing. But Tamburello is dead because of a bullet that (Bolaski) put in his back,” Lavoie said.
Lavoie argued that Bolaski did not act in self-defense. He said witnesses saw Bolaski go into his truck to obtain his .30-06 caliber rifle, not to run for cover. According to Lavoie, if someone went to a ball field with the expectations of conflict then the self-defense argument may no longer hold.
“If you carry a gun around, someone will give you an excuse to use it,” Lavoie said.
Lavoie said Bolaski told police that he fell before opening his truck door to get out his .30-06. He emphasized that Tamburello had the opportunity to hurt Bolaski but did not.
Defense attorney Kevin Griffin argued that Bolaski acted in self-defense. According to Griffin, Tamburello went to the ball field “to hurt someone.” No one knew how or when but that “no one was going to stop him.”
Griffin said that Bolaski was in imminent danger and witnesses said Tamburello pursued Bolaski after he wounded him with the first shot. “No one at the ball field knew the threat more than Bolaski. He was being pursued, hunted down, and locked in,” Griffin said.
Griffin said it was difficult to determine if Bolaski injured Tamburello with the butt of his rifle because there was no DNA evidence on Bolaski’s .30-06. He argued there was not “one piece of cellular evidence on the gun” and the prosecution’s burden of proof was insufficient.
Lavoie did not comment after the verdict and Griffin could not be reached at press time. As for Tamburello Sr., he was relieved the trial was over.
“It could’ve gone either way. We’re so happy (the jury) saw the evidence there,” Tamburello said. “For the longest time I did not believe there was any justice in Vermont. Now I believe it.”
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