Suspect’s jailing delays Vt. assault case

The State will have to wait to try Tim Arbuckle for simple assault in the death of Vincent Tamburello and violations of conditions of release because he violated probation stemming from another arrest in New Hampshire.

http://www.rutlandherald.com/article/20110705/NEWS02/707059917

Published July 5, 2011 in the Rutland Herald
Suspect’s jailing delays Vt. assault case

By Christian Avard

WHITE RIVER JUNCTION — The case against a Chester man charged with assaulting another man who had just been shot has been delayed.

Tim Arbuckle, who allegedly kicked Vincent Tamburello of Springfield after he was shot twice by Kyle Bolaski of Chester on Aug. 17, 2008, had been scheduled to appear last week in criminal court in White River Junction.

Tamburello died of the gunshot wounds and Bolaski was convicted of second-degree murder on May 19. He faces 20 years to life for Tamburello’s death and is being held at Springfield prison.

The assault case against Arbuckle continues, however, he did not make it to the courthouse last week because he is incarcerated in New Hampshire jail following his arrest on drunken driving charge last month. According to Franklin County State’s Attorney John Lavoie, Arbuckle was arrested and charged for a fourth driving under the influence offense in New Hampshire. Arbuckle was released on conditions but was arrested again for driving under the influence in Vermont on June 2. He was sent to Sullivan County prison in Claremont, N.H., and is now being held for lack of $10,000 bail. Arbuckle faces three to seven years in prison if convicted.

Lavoie sought a detainer request from Judge M. Patricia Zimmerman so that Arbuckle will be tried for the simple assault and violation of conditions of release charges in Vermont. According to Lavoie, a detainer filing will tell the state of New Hampshire that once Arbuckle is released “he is still not a free person.”

Zimmerman told Lavoie that Arbuckle may not be transferred to Vermont anytime soon.

“(Sullivan County State’s Attorney Mark Hathaway) has been the county attorney over there for probably 25 years ... my guess is Mr. Hathaway probably knows what he wants to do. With a three- to seven-year sentence hanging over him, he wants to make sure he has him,” Judge Zimmerman said. “But in the meantime, we have a charge that’s three years old. So it’s time to get it resolved.”

Zimmerman ordered an arrest warrant for Arbuckle in an effort to secure his return to Vermont to face charges of assault of violating the conditions of his release. The arrest warrant serves as Lavoie’s detainer request.

Arbuckle has pleaded not guilty to the charges.