http://www.rutlandherald.com/article/20120125/NEWS02/701259920
Published January 25, 2012 in the Rutland Herald
Man withdraws plea in assault case
By Christian Avard
Staff Writer
WHITE RIVER JUNCTION — A man who had entered a no contest plea to an assault charge for allegedly kicking a man who lay dying from multiple gunshot wounds changed his mind.
Tim Arbuckle of Chester decided instead to take the simple assault case to trial.
No reason was given for Arbuckle’s decision Tuesday in criminal court in White River Junction, but Judge Patricia Zimmerman withdrew his plea and set the case for a trial at a later date.
Arbuckle is facing the simple assault charge for allegedly kicking Vincent Tamburello Jr. of Springfield after he had been shot by Kyle Bolaski following a dispute at a ball field in Chester in August 2008.
Bolaski of Chester was sentenced earlier this month to 25 years to life in prison on a charge of second-degree murder for shooting and killing Tamburello.
The move by Arbuckle to withdraw his no contest plea Tuesday came after Tamburello’s father, Vincent Tamburello Sr., addressed the court regarding the resolution of the case.
“Arbuckle should be charged with accessory to murder and at very least, assault with a dangerous weapon. Unfortunately, that’s not the case,” Tamburello Sr. said. “He’s only facing simple assault, which is unconscionable when you look at all of the facts in the case. There’s nothing simple about kicking a man with cleats on.”
Franklin County Deputy State’s Attorney John Lavoie, who is prosecuting the case, also spoke prior to the withdrawal of the no contest plea.
Lavoie had been arguing for a sentence of one year in prison for Arbuckle for the simple assault conviction.
It will likely be some time before Arbuckle stands trial on the simple assault charge, according to prosecutors. That’s because Arbuckle is serving a sentence in New Hampshire on a parole violation stemming from earlier convictions on charges of drunken driving, fourth offense, and providing false information to a police officer.
Prosecutors said it could take anywhere from two to six years before a trial takes place in Vermont on the simple assault charge.
Tamburello Sr. said Tuesday after the hearing that he was caught by surprise by Arbuckle’s decision to withdraw the no contest plea to the simple assault charge.
“He took the coward’s way out,” Tamburello Sr. said. “But that’s the way it’s going to be.”
Man withdraws plea in assault case
By Christian Avard
Staff Writer
WHITE RIVER JUNCTION — A man who had entered a no contest plea to an assault charge for allegedly kicking a man who lay dying from multiple gunshot wounds changed his mind.
Tim Arbuckle of Chester decided instead to take the simple assault case to trial.
No reason was given for Arbuckle’s decision Tuesday in criminal court in White River Junction, but Judge Patricia Zimmerman withdrew his plea and set the case for a trial at a later date.
Arbuckle is facing the simple assault charge for allegedly kicking Vincent Tamburello Jr. of Springfield after he had been shot by Kyle Bolaski following a dispute at a ball field in Chester in August 2008.
Bolaski of Chester was sentenced earlier this month to 25 years to life in prison on a charge of second-degree murder for shooting and killing Tamburello.
The move by Arbuckle to withdraw his no contest plea Tuesday came after Tamburello’s father, Vincent Tamburello Sr., addressed the court regarding the resolution of the case.
“Arbuckle should be charged with accessory to murder and at very least, assault with a dangerous weapon. Unfortunately, that’s not the case,” Tamburello Sr. said. “He’s only facing simple assault, which is unconscionable when you look at all of the facts in the case. There’s nothing simple about kicking a man with cleats on.”
Franklin County Deputy State’s Attorney John Lavoie, who is prosecuting the case, also spoke prior to the withdrawal of the no contest plea.
Lavoie had been arguing for a sentence of one year in prison for Arbuckle for the simple assault conviction.
It will likely be some time before Arbuckle stands trial on the simple assault charge, according to prosecutors. That’s because Arbuckle is serving a sentence in New Hampshire on a parole violation stemming from earlier convictions on charges of drunken driving, fourth offense, and providing false information to a police officer.
Prosecutors said it could take anywhere from two to six years before a trial takes place in Vermont on the simple assault charge.
Tamburello Sr. said Tuesday after the hearing that he was caught by surprise by Arbuckle’s decision to withdraw the no contest plea to the simple assault charge.
“He took the coward’s way out,” Tamburello Sr. said. “But that’s the way it’s going to be.”
This guy should be locked up for LIFE. He is a menace yet for some reason our police forces and courts just let him roam the streets. The guy is always DRUNK, or screwed up on any DRUGS he can get his hands on. He's been arrested HOW MANY TIMES? for being drunk, fighting with guys beating up his girlfriends or family members. Yet our police and courts do NOTHING. Everybody wonders why the the communities complain about out police officers and there lack to do anything. This guy is a prime example of there lack of ability to keep the communites safe. This applies to Chester and ALL surround communites your police skills along with the judicial system are non exsistent.
ReplyDeleteOkay it is the job of the police to arrest them. Unfortunately the police DO NOT get to decide the amount of bail or sentencing. Do you think the police LOVE picking up the same scum buckets again and again. If we weren't such a namby pamby state we would have capital punishment, execute the murderers and save us all some money.
ReplyDelete