Defendant denies kicking dying man
By Josh O'Gorman
Herald Staff | January 28,2009
WHITE RIVER JUNCTION — A Springfield man denied charges Tuesday he kicked a man who lay dying from multiple gunshot wounds.
Timothy J. Arbuckle, 28, pleaded innocent in White River Junction District Court to a single misdemeanor charge of simple assault, which carries a maximum penalty of one year in prison and a $1,000 fine.
The charges stems from an incident Aug. 17 at MacKenzie Field in Chester, in which Vincent R. Tamburello Jr., 31, of Springfield, was shot dead. The man implicated in the shooting, Kyle D. Bolaski, 25, of Chester, was originally charged with second-degree murder and aggravated assault with a weapon. The medical examiner's report showed Tamburello died from a gunshot wound to the back.
In November, the murder charge against Bolaski was dropped after a grand jury declined to return a charge of either murder or manslaughter. Multiple witnesses told police Tamburello had been chasing Bolaski with a splitting maul, court records state.
In the original affidavit filed in August, a witness told police she saw Arbuckle kick Tamburello as he lay on the ground after being shot, but Windsor County State's Attorney Robert Sand waited until January to file charges.
"As someone who was allegedly there, Mr. Arbuckle may have had useful information about the case," Sand said.
The original account of Arbuckle allegedly kicking Tamburello was corroborated during the grand jury proceeding. Records of grand jury proceedings are usually not available to the public unless they become part of the court record, and Tuesday, 27 pages of transcription of the grand jury proceeding were released.
Keith Destromp Jr., of Springfield, told Sand he saw Arbuckle kick Tamburello, but did not actually see Arbuckle's foot make contact with Tamburello.
According to Destromp's testimony, he was torn between helping Tamburello and fleeing the park with his 7-year-old son, and as he left the park he looked at Tamburello and "it was like somebody look(ing) up at you like, help me, that's what I saw, help, help, help me," Destromp said.
Tuesday's arraignment was the first court proceeding related to Tamburello's death attended by the victim's family, which resides in Methuen, Mass. Tamburello's parents, Vincent Sr. and Ronnie Tamburello, have complained of not being notified in time to get to court, but Tuesday they were upset neither Sand nor Victims' Advocate Pamela Weigel were in court.
"This is the first time we've been told about a court date so we could come here," Ronnie Tamburello said. "I assumed the victims' advocate would be here."
"He (Sand) could have taken some time to talk to us," Vincent Tamburello Sr. said, "but they didn't come, they didn't show up, nothing."
Sand said he was not in court Tuesday because his office handles arraignments on a rotating basis among himself and his deputies. Weigel was not present because his office didn't know the Tamburellos would be at Arbuckle's arraignment, Sand said.
Contact Josh O'Gorman at email@example.com.