Plea deal fails in murder case

A plea deal fell through in the case of a Springfield man accused of kicking a gunshot victim in the head as he lay dying on a Chester softball field six years ago.
http://rutlandherald.com/article/20140821/NEWS02/708219946

Published August 21, 2014 in the Rutland Herald Plea deal fails in murder case By ERIC FRANCIS CORRESPONDENT WHITE RIVER JUNCTION — A plea deal fell through in the case of a Springfield man accused of kicking a gunshot victim in the head as he lay dying on a Chester softball field six years ago. Timothy Arbuckle, 33, is accused of kicking Vincent Tamburello in the head moments after the man was shot twice with a deer rifle by Kyle Bolaski at MacKenzie Field on Aug. 17, 2008. Arbuckle’s defense attorney, Stephen Craddock, began the hearing by telling Judge Harold Eaton that a plea deal had fallen through at the last minute. Arbuckle faces two felony counts, that he aided Bolaski in committing second-degree murder and that he committed perjury at Bolaski’s trial. Bolaski, who claimed self defense, was convicted in 2011 of second-degree murder and sentenced to serve 25 years to life. He is out on bail and living with his parents in Chester while he awaits a new trial granted to him by the Vermont Supreme Court. The justices found that the trial judge committed an “obvious error” by omitting part of his instructions to the jury. At the hearing Tuesday before Judge Harold Eaton, the defense attorney said both sides came close to a plea agreement. But he said prosecutors felt Arbuckle could not fulfill one of the conditions, and that sank the deal. He did not elaborate. Craddock urged the court not to force Arbuckle to wait for the outcome of Bolaski’s new trial, arguing it will not have a bearing on Arbuckle’s case. Eaton agreed to set Arbuckle’s trial for January. Bolaksi’s new trial is expected to take place in April. After Arbuckle was taken back to jail Tuesday, Craddock told reporters, “The possibility of settlement is always there.” He noted that neither Bolaski nor Arbuckle knew Tamburello before they joined a group of friends at the ball park because a possible confrontation was brewing. “Just on the face of it (the state’s case) is going to be a tough row to hoe,” Craddock said.