Man found guilty of manslaughter
Toolbox
By SUSAN SMALLHEER Rutland Herald - Published: July 3, 2009
BRATTLEBORO – A Windham County jury found a Wilmington man guilty of voluntary manslaughter Thursday, ending the third day of deliberations in what had started as a second-degree murder trial.
David C. Boglioli, 60, had claimed self-defense in the shooting death of George Riccitelli, 51, also of Wilmington, after the two had had a confrontation last Aug. 15 outside Boglioli's home.
Boglioli said he shot Riccitelli after he threatened him with an ax handle, which ended 10 years of increasing bad feelings between the former friends.
The jury, made up of nine women and three men, had announced Wednesday afternoon that they were deadlocked and couldn't come to a unanimous decision.
But the judge sent them back to the jury room to reconsider the evidence in the case, asking them to work a while longer.
The jury had also asked for clarification on the legal elements of self-defense, and Thursday at noontime they asked the judge if in considering whether Boglioli was guilty or not, they could recommend a sentence.
After consulting with Windham County Deputy State's Attorney Steven Brown and Boglioli's defense attorney, Matthew Harnett of Rutland, Judge Karen Carroll sent a note back to the jury saying they had no role in sentencing and their job was to find Boglioli guilty or innocent.
About two hours later, they had a verdict.
Boglioli, whose friends said at one time was an executive chef at luxury New York City hotels before he "burned out" and moved to Vermont about 15 years ago, showed little emotion when the jurors each said they found him guilty of voluntary manslaughter.
Boglioli, who was on disability at the time of the shooting, said he was a virtual recluse in his small house on Greenwich Road in order to avoid Riccitelli, who would harass him, and in at least one instance, assaulted him. Boglioli, who took the stand on Monday, believed the fatal confrontation was prompted by his decision to throw some of Riccitelli's marijuana plants off his porch and into the road.
Initially, showing the fatigue that was plain on each person's face, jury forewoman Nina Trumper said the jury had found Boglioli guilty of second-degree murder, and all the other jurors corrected her at once.
The judge ordered a presentence investigation prior to sentencing Boglioli, who could be sentenced to one to 15 years in prison on the manslaughter charge.
Harnett declined to say anything after the long wait for the verdict.
David Gartenstein, the lead prosecutor in the case, left for a family vacation late last night and wasn't present for the verdict.
"David left for vacation and he worked very hard on preparing the case," Brown said.
Brown, who assisted Gartenstein in the case, said he had no idea what delayed the deliberations, but he said the length of the trial probably contributed to the length of the deliberations.
"I can't speculate what the issue was in the jury," he said. "We respect the jury's decision. The state felt the appropriate charge was second-degree murder. The evidence supports either charge."
Brown said he had no idea what his office would seek for a sentence.
"We'll see what the Department of Corrections asks for," he said.
susan.smallheer@rutlandherald.com
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