Murder charge withdrawn in Aug. 17 shooting
Toolbox
Published: November 27, 2008
WHITE RIVER JUNCTION (AP) — A man who gunned down an ax-wielding assailant won't be prosecuted for murder because a grand jury balked at indicting him.
Kyle Bolaski, 24, of Springfield, was originally charged with second-degree murder in the Aug. 17 shooting of Vincent Tamburello, who swung an ax at Bolaski during a melee at Mackenzie Field in Chester.
But a grand jury refused to indict Bolaski for either murder or manslaughter, so Windsor County State's Attorney Robert Sand dropped the original charge and said Tuesday he will pursue the lesser charge of aggravated assault.
"The logic is the citizens of the county did not believe the charge was appropriate," Sand said. "There was enough questions that ... in the state's view, fairness dictated a citizens' body be asked to review whether the charge was appropriate."
Tamburello, 32, and others had feuded with a group of Bolaski's friends in the days before the shooting.
In the fatal confrontation, Tamburello hit Bolaski's truck with an ax and Bolaski shot him in the leg with a hunting rifle, according to police. Bolaski says Tamburello kept coming at him, so he shot him again. He died of a gunshot wound to the back.
Sand and defense attorney Kevin Griffin said that after Bolaski's arraignment, witness statements and other unspecified evidence cast doubt on the case against Bolaski. So Sand took the case to a grand jury earlier this month and they apparently believed Bolaski acted in self defense.
Griffin praised Sand for not pursuing the murder charge.
"I think Bobby Sand is one of the few prosecutors in the state who would have the guts to do that."
Tamburello's family felt differently, according to Sand.
"I think it is fair to say the family is not happy," Sand said.
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