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JERRY UCCI CONFLICTING STATEMENTS

Trooper Vitale interviewed a "man in a white shirt" at the field who told him he saw Kyle chase Vinnie and shoot him. The man in the white shirt was Ucci. In a video from Trooper Vitale’s cruiser it shows Ucci run up to him, grab him by the arm and tell him that he saw Kyle pursue Vinnie and shoot him in the back!

In trial testimony, before Ucci sees the video, he calls the trooper a liar and said that he never spoke to him!

UCCI SAYS THEY NEVER MADE IT TO THE ORCHARD.

123:11  A.     No, we didn't make it to the orchard.  We left for

 12  the store, and we went up a back road that goes to

 13  Springfield, Tribow Road, and for some reason or another

 14  Kyle had called Tristan Blanchard because he's a friend

 15  of Kyle's.  I'm not sure why he called him but --

124:02  Q.     Let me back up here.  Why does Kyle call Tristan?

 03  A.     I have no idea.

 04  Q.     It's a call out of blue?

 05  A.     Tristan's been a friend of Kyle's for awhile.  You

 06  know, I'm, he talks to him, you know, probably couple

 07  times a week.  He was just calling him, you know, to, I'm

 08  not sure why.

 09  Q.     You're clear it was Kyle who calls Tristan, not

 10  the other way around?

 

CONCERNING FIRING THE RIFLE WHILE SCOUTING. UCCI SAYS NO ONE FIRED THE RIFLE

GJ-JU

16  Q.     Before anyone gets to the ball field, so thinking

17  about Sunday, before you get to the ball field, anyone

 18  discharge the rifle?

19  A.     No.

 20  Q.     So during the scouting, is there any shooting at

 21  anything?

 22  A.     No.

UCCI SAID THERE WAS NO WEAPON IN THE TRUCK GOING TO THE APPLE ORCHARD

GJ-JU

23  Q.     You switch into Corey's vehicle?

 24  A.     Correct.

 25  Q.     What happened, what happens to the .22?

0123

 01  A.     It stayed in Kyle's truck.

 02  Q.     Stayed in Kyle's truck?

 03  A.     Correct.

 04  Q.     Is there a vehicle in Corey's vehicle -- is there

 05  a rifle in Corey's vehicle?

 06  A.     No.

 07  Q.     So at this point, when you're going up to the

 08  apple orchard, there's no weapon in the truck?

 09  A.     Correct.

 

 

 

UCCI SAID COREY BROUGHT THE GUN OUT AND SHOWED TRISTAN HOW TO USE IT. KYLE AND COREY SAY KYLE SHOWED HIM. TRISTAN SAID NO ONE SHOWED HIM ANYTHING ABOUT THE GUN.

 

GJ-JU

163:02  Q.     Corey brought the gun out, and Kyle went in and

 03  got the clip?                   

 04  A.     No, no, Corey brought both out.  While we were at

 05  the apartment, Corey had actually showed him how to load

 06  the rifle.

 07  Q.     Showed --

 08  A.     Tristan.  And then they pulled the clip out.

 

In K Bolaski’s GJ Transcripts—Page 24—Line 18 below, he was asked what time he got up on Sunday morning, and what he did.

 18  Q.     What time did you get up?

 19  A.     Approximately nine-thirty, ten o'clock. 

 20  Q.     Okay.  What did you do?

 21  A.     We had intention to be working for my father.  I

 22  had been working at Homestead during the week.  On the

 23  weekends usually I'd try to make some extra money by

 24  working for my father.  He had side jobs, and he had some

 25  landscaping projects that we had going on at his house,

0025

 01  so we went there.  We did a little bit of work.

 02  Q.     We being who?

 03  A.     Jerry Ucci and myself.

 04  Q.     All right.  So --

 05  A.     So we worked there for a few hours, and, you know,

 06  we'd been working all week, so we said, you know what,

 07  let's go have a little enjoyment.

In J Ucci’s Grand Jury Transcript Page 114—Line 7 below, we have a completely different time frame, along with a different beginning to the day. Not only does J Ucci claim they woke up at noontime but they didn’t do any landscaping at all.

JU-GJ

 17  Q.     So stupid question, where did you wake up on

 18  Sunday?

 19  A.     At the apartment.

 20  Q.     About what time?

 21  A.     I'd say it was around noon.

 22  Q.     We're learning that the sleeping habits of some

 23  people may be a little different, but I'm starting to

 24  understand one who sleeps at my house a little bit. 

 25               Okay.  Did Kyle spend the night there, as

0115

 01  well? 

 02  A.     Yes.

 03  Q.     Anybody else?

 04  A.     No.

 05  Q.     Any pets?

 06  A.     Yes, Kyle's dog Harley.

 07  Q.     What did you do?  What time did you leave the

 08  house? 

 09  A.     Shortly after noon, we went from his house, we

 10  were supposed to go work for his father.  We went over to

 11  his father's house in Springfield.  We were kind of

 12  feeling lazy that day, and we decided against working.

 13  We met up with his father and his brother around, I

 14  think, it was two-thirty.  Corey had just got done

 15  working, and we decided that the three of us were going

 16  to go out scouting for deer.

 17  Q.     The three, the third person being whom?

 18  A.     Corey Bolaski.

 19  Q.     What does Corey do for work?

 20  A.     Corey works at MJS Landscaping in Bellows Falls.

 21  Q.     He's landscaper, as well?

 22  A.     Yes.

 23  Q.     You and Kyle went from your place, from Chester to

 24  Kyle's dad's house in Springfield?

 25  A.     Correct.

0116

 01  Q.     In what vehicle?

 02  A.     In Kyle's, Kyle's vehicle.

 03  Q.     What is that?

 04  A.     He has a Ford F350 pickup truck.

 05  Q.     Who drove that?

 06  A.     Kyle.

 07  Q.     Do you, did you do some landscaping?

 08  A.     Not on Sunday, no.

 09  Q.     So the plan was to do some, but you didn't do any?

 10  A.     Right, right.

 

COREY SAYS HE HEARD UCCI TELL TIM ARBUCKLE, "LET'S END IT WITH THIS KID"

FS-CB

14   He's like you can

15   come meet me at the Chester baseball field. 

16   And after that, he had to use my phone to

17   call another friend, Tim Arbuckle, one of his friends,

18   and he said look, Tim, I heard you had problems with

19   this kid the night before, he said let's end this with

20   this kid, he said, and deal with the situation.                                                          4

 

SAYS TRISTAN CALLS KYLE

JU-FIRST STATEMENT

4-16      A.     I don't -- I don't -- I don't even know Ben. 

 

17   But then Vinny calls Tristan this morning or sends

 

18   Tristan a text message saying that he's going to hurt

 

19   everyone who was at the fight last night, then later on

 

20   in the day, Tristan calls me and Kyle and Corey, says

 

21   he's scared, says the kid's driving back and forth in

 

22   front of his house, so we picked him up because he

 

23   didn't want to be at home alone.

 

SAYS GROUP WAS 35 YARDS AWAY BEFORE VINNIE GETS MAUL OUT FROM REAR SEAT

6-15    Q.     So you come down to the field. 

 

16       A.     We come down here.  Kirby had called

 

17   Tristan's phone, said we were just at the softball

 

18   field, where are you guys, blah, blah, blah.  We say

 

19   we're down at the softball field.  Next thing we know,

 

20   Kirby's pulling in in Julie's car, and she's got --

 

21   Kirby's in the passenger's seat, Julie's driving and

 

22   Vinny is in the back seat. 

 

23             They pull up, start yelling something out

 

24   the window.  Vinny gets out.  Julie's waving the Taser

 

25   out the window.  A whole group of guys goes up to

 

 

                                                          7

 1   confront Vinny and talk to him about what the hell's

 

 2   going on.  They get probably 35 yards away from him -- 

 

 3       Q.     And where -- were you in that group or were

 

 4   you down here still? 

 

 5       A.     I was -- I was behind the group who was up

 

 6   there, but I was up there. 

 

 7       Q.     Okay. 

 

 8       A.     Vinny grabs an ax. 

 

 9       Q.     Where does he get the ax from? 

 

10       A.     From the back seat.  Pulls the ax out of the

 

11   back seat and starts chasing the entire group, everyone

 

12   down the road. 

 

13       Q.     Is it like a full size ax or -- 

 

FIRST STATEMENT

NEVER SAYS VINNIE SWINGS AT JORDAN

7-18     A.     He's chasing us with the ax.  We all get --

 

19   we all come down here.  Jordan, who is Kyle's

 

20   ex-girlfriend, was here too.  She's up there.  She was

 

21   the last in line.  The kid stops by her and calls her a

 

22   little cunt and says that he could kill her right now,

 

23   then continues to run after Kyle.  Kyle ran around the

 

24   passenger's side of his struck to hide from the kid. 

 

25   The kid started smashing Kyle's door with the ax just

 

UCCI SAYS VINNIE STARTS SMASHING THE DRIVERS DOOR KYLE RUNS TO PASS. SIDE VINNIE RUNS AROUND THE BACK SIDE AND KYLE OPENS DRIVERS DOOR AND GETS GUN OUT

 

7-23   Kyle ran around the

 

24   passenger's side of his struck to hide from the kid. 

 

25   The kid started smashing Kyle's door with the ax just -- 

 

8- 1       Q.     Just to be clear, who's -- who's smashing -- 

 

 2       A.     Oh, Vinny. 

 

 3       Q.     Yeah. 

 

 4       A.     Vinny starts smashing the door with the ax,

 

 5   smashing the windows out and then comes around the back

 

 6   of the truck.  At that point, Kyle came around the front

 

 7   of the truck, opens the driver's door, grabbed his

 

 8   hunting rifle.  Vinny saw him, comes back around the

 

 9   back side of the truck.  Kyle said to Vinny drop the ax,

 

10   don't come at me or I'll shoot you.  Vinny then proceeds

 

11   in coming after Kyle with the ax.  Kyle shoots -- 

 

 

 

SAYS KYLE SHOOTS VINNIE-VINNIE RUNS AROUND BACK OF TRUCK-COREY GETS GUN FROM PASSENGERS SIDE

                                                          8

16     Q.     Where's Kyle? 

 

17       A.     Kyle is -- he's probably five steps to the

 

18   right of the driver's door, and Vinny was coming around

 

19   the back side by the tailgate. 

 

20       Q.     Okay.  So he comes around the back of the

 

21   truck? 

 

22       A.     Comes around the back of the truck.  Kyle

 

23   tells him not to come at him, drop the ax.  The kid

 

24   cocks the ax back, starts coming at Kyle. 

 

25       Q.     Over his right shoulder or left shoulder? 

 

 

                                                          9

 1       A.     I don't -- I don't remember which shoulder

 

 2   he had it over. 

 

 3       Q.     Okay. 

 

 4       A.     Kyle shoots him in the leg.  The kid turns

 

 5   around and starts running around the back side of the

 

 6   truck.  At that time, Corey Bolaski comes around in the

 

 7   front into the passenger's side, grabs the other rifle

 

 8   that was in there because he didn't want Vinny to grab it.

(How does he know why he grabs the rifle? because as they were standing around waiting to be questioned they got this story)

 

SAID HE WATCHED VINNIE GET SHOT IN LEFT KNEE. FIRST SAYS AFTER HE GRABS JORDAN THEN SAYS BEFORE HE GRABS JORDAN. WAS 10 YARDS TO KYLE'S REAR.

                                                       

 3      Q.     So had he already been shot when you grabbed

 

 4   Jordan? 

 

 5       A.     No. 

 

 6       Q.     Okay. 

 

 7       A.     He hadn't.  He was shot right after I

 

 8   grabbed Jordan. 

 

 9       Q.     Okay. 

 

10       A.     And -- I'm pretty sure.  I mean, I can't

 

11   remem -- I can't exactly remember.  It was either -- it

 

12   was right in that -- within ten seconds of either me

 

13   grabbing Jordan or -- I think it was before that I

 

14   grabbed Jordan, before the kid got shot. 

 

15       Q.     Okay. 

 

16       A.     I had watched the kid get shot. 

 

17       Q.     Okay. 

 

18       A.     I saw it, so it was either before -- 

 

19       Q.     Where were you -- where were you standing? 

 

20       A.     I was -- I was probably ten yards to Kyle's

 

21   rear. 

 

22       Q.     Okay.  Did you -- did you see where he got

 

23   hit? 

 

24        A.     Kyle or Vinny? 

 

25       Q.     Vinny, yeah. 

 

 

                                                         15

 1       A.     Yeah, it hit him in the knee. 

 

 2       Q.     Left knee?  Right knee? 

 

 3       A.     Left knee. 

 

 4       Q.     Okay. 

 

 5       A.     Left knee. 

 

IN GRAND JURY TESTIMONY AND TRIAL TESTIMONY UCCI SAID THAT AFTER VINNIE GOT SHOT THAT IT DIDN’T EVEN FAZE HIM. THAT HE KEPT GOING AFTER KYLE, WITH THE AXE AT THE READY, AROUND THE FRONT OF THE TRUCK AND EVEN CHASED COREY. YET IN HIS FIRST STATEMENTS TO POLICE ON THE SAME NIGHT IT HAPPENED HE STATES THAT WHEN VINNIE GOT SHOT HE DROPPED THE AXE TO THE GROUND, DRAGGING IT AS HE FLED AROUND THE BACK OF THE TRUCK…

1       A.     Yeah, it hit him in the knee. 

 2       Q.     Left knee?  Right knee? 

 3       A.     Left knee. 

 4       Q.     Okay. 

 5       A.     Left knee. 

 6       Q.     Okay.  But he didn't go down? 

 7       A.     He didn't go down.  He went right -- as soon

 8   as he got shot, he dropped his ax to the ground and then

 9   walked around to the back of the pickup truck. 

 

22       Q.     And then he dropped it.  He was dragging

23   it -- 

24       A.     Right. 

25       Q.     -- as he walked around the back of the

 1   truck? 

2       A.     Right. 

AND IN A VIDEO FROM TROOPER VITALE’S CRUISER IT SHOWS UCCI RUN UP TO HIM VERY EXCITED. HE TELLS THE TROOPER THAT HE SAW KYLE SHOOT VINNIE. UCCI GRABS THE TROOPER BY THE ARM AND BRINGS HIM OVER TO KYLE’S TRUCK WHERE HE TELLS THE TROOPER THAT KYLE PURSUED VINNIE, AS VINNIE WAS DRAGGING THE AXE BEHIND HIM, AND LEANED OVER THE FRONT OF THE TRUCK, TOOK AIM AND SHOT VINNIE.

 

AT TRIAL UCCI SAID THAT VINNIE CALLED HIM ON THE PHONE WHEN THEY WERE IN KYLE’S TRUCK. BUT IN THE GRAND JURY HE SAID THAT HE CALLED KIRBY’S PHONE LOOKING FOR VINNIE USING TRISTAN’S PHONE AND THE PHONE RECORDS ALSO SHOW THAT HE CALLED KIRBY’S PHONE…

130/04  "So I used Tristan's phone and called Kirby's phone." 

131/11  I actually loss cell phone service with him.  So at that

 12  point, I actually got nervous and scared because I

 13  didn't, I didn't know what this guy was, you know,

 14  planning on doing, what he was like, and that's when I

 15  called Tim, who --

 16  Q.     Tim Arbuckle?

 17  A.     Tim Arbuckle, right.  And Tim, you know, he's

 18  pretty much like a big brother to me, you know, I felt

 19  safer if maybe I knew where he was or if I was with him

 20  when we confronted the kid.  So I called him, and he said

 21  that he was down at the softball field and that there was

 22  a softball tournament going on.  He said if you want, you

 23  can have him meet down here where there's a bunch of

 24  people, you know, he wouldn't try anything.  So I then

132/ 07  A.     So at this point I called Kirby's phone back, and

 08  Kirby answered, and I told her, you know, we need to

 09  figure this out, you guys need to come meet us down to

 10  the ball field in fifteen minutes.