Cloudy
70°
Cloudy
Hi 75° | Lo 51°

Vt. Man Charged With Second-Degree Murder in 2008 Killing

White River Junction — What started as a misdemeanor simple assault charge for a Springfield, Vt., man related to the 2008 shooting death of Vincent Tamburello Jr. has been changed to second-degree murder, which carries a maximum sentence of life in prison.

Deputy Franklin County State’s Attorney John T. Lavoie filed an amended charge of second-degree murder against Timothy J. Arbuckle in Windsor Superior Court in January. Arbuckle was arraigned and pleaded not guilty on Tuesday.

Arbuckle, 33, is charged with committing second-degree murder by acting as an accessory to Kyle Bolaski, who was convicted of second-degree murder in Tamburello’s death. The charge alleges Arbuckle acted with “wanton disregard of the likelihood that death or great bodily harm would result from his actions, and thereby, with Kyle Bolaski, did cause the death of another.”

In the five years since Tamburello was murdered, and nearly three years since Bolaski was convicted of murder, Tamburello’s family still closely follows the case. Vincent Tamburello Sr. attended Tuesday’s hearing and said in an interview afterward he supports the second-degree murder charge, and that there are still three more people he would like to see charged with his son’s murder.

“People say, ‘You’re still going on this?’ ” Tamburello Sr. said. “My answer is, ‘What if that were your son? Would would you do? Would you just let it go? Would you let these guys murder your son and walk away?’ ”

Bolaski was sentenced to 25 years to life in prison for second-degree murder in January 2012. Arbuckle was scheduled to plead no contest to a misdemeanor assault charge that same month, but did not go forward with the plea.

In May 2013, Lavoie upgraded the charge to aiding in the commission of a felony, for allegedly kicking Tamburello in the head as he lay dying.

The fatal incident took place at a softball field in Chester, Vt. Tamburello, who had recently moved from Massachusetts to Vermont, had gotten involved in a confrontation and charged at the group with an ax. Bolaski picked up a rifle and shot Tamburello. Authorities allege that Arbuckle then walked over to Tamburello and kicked him in the head.

When Lavoie upgraded Arbuckle’s charges to aiding in the commission of a felony last year, a new affidavit was filed in court. But no new affidavit was filed to pair with the amended second-degree murder charge.

Neither Lavoie nor Arbuckle’s attorney, Stephen Craddock, could be reached for comment Tuesday evening.

Arbuckle’s previous attorney, Mark Furlan, had filed a motion to dismiss the aiding in the commission charge in December, saying the statute of limitations had expired. Furlan cited a Vermont statute that says prosecutions for felonies and misdemeanors should take place within three years after the offense is committed.

However, the same statute says prosecution for murder can be filed at any time after the crime is committed.

Arbuckle also pleaded not guilty to a related perjury charge in December for allegedly making false statements during Bolaski’s 2011 trial.

Sarah Brubeck can be reached at sbrubeck@vnews.com or 603-727-3223.