MONTPELIER, Vt. — The state Supreme Court on Friday overturned the murder conviction of a man who said he was acting in self-defense when he shot another man during a confrontation in a park in 2008.

The court’s decision ordered a new trial for Kyle Bolaski for the shooting of Vincent Tamburello after Tamburello chased Bolaski while wielding a splitting maul, an ax-like tool used to split wood.

In its decision, the court determined the judge had given improper instructions to the jury and excluded evidence of the victim’s mental health in the months before the shooting.

“However the jury evaluated the evidence, it was clear that the victim was acting irrationally and out of control by chasing a person he had never met before while swinging a splitting maul, a very dangerous weapon,” said the decision, written by Justice John Dooley.

Bolaski was convicted of the Chester park shooting in 2011 and was sentenced to 25 years to life in prison. He’s incarcerated in Kentucky.

Defender General Matthew Valerio, whose office represented Bolaski on appeal, said his office would begin discussions with prosecutors about whether to go forward with another trial.

 


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