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TIM ARBUCKLE WAS NEVER CALLED BEFORE THE GRAND JURY BY ROBERT SAND. AS YOU WILL READ, ARBUCKLE'S TESTIMONY COMPLETELY CONTRADICTS BOLASKI'S TESTIMONY AND DERAILS SAND'S EFFORT TO BRING OUT HIS VERSION TO THE GRAND JURY. ARBUCKLE HAS PLEADED GUILTY TO KICKING VINNIE AND IS AWAITING SENTENCING.

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1 STATE OF VERMONT

WINDSOR COUNTY, SS.

STATE OF VERMONT ) WINDSOR DISTRICT COURT

4 ) DOCKET NO. 972-8-08 Wrcr

v. )

5 )

KYLE BOLASKI, ) Digital Recording

6 Defendant. )

_____________________________

10 STATEMENT

11 OF

12 TIMOTHY ARBUCKLE

As recorded on August 17, 2008, at the Vermont

14 State Police Barracks, Rockingham, Vermont.

18 APPEARANCES:

19 TROOPER TYLER BURGESS

1 (August 17, 2008)

2 TROOPER TYLER BURGESS: 17th of August,

3 Rockingham Barracks, Trooper Tyler Burgess, Vermont

4 State Police. It is 1750 hours. In the interview room

5 here is Timothy J. Arbuckle.

6 Q. Tim, what is your birth date?

7 A. 10/26/80.

8 Q. Okay. And your full name is Timothy James

9 Arbuckle; is that right?

10 A. Yes, sir.

11 Q. Okay. Start from the beginning how you

12 heard --

13 A. From -- we started off the day --

14 Q. Well, hol -- back up for one second. It's

15 my understanding through the investigation that a lot of

16 things built up to what actually happened last night.

17 Are you familiar with any of the controversies that went

18 over -- that went on over the weekend prior to last

19 night?

20 A. No, I didn't have no idea.

21 Q. Okay.

22 A. No.

23 Q. So then if that's the case, start with

24 last -- yesterday afternoon, last night, whatever you --

25 A. We got done playing on the fields. I play

1 with Benny's Power softball team.

2 Q. Which is a softball team?

3 A. Yeah. We took second place. We were all

4 hanging out at the tent and --

5 Q. So you play with Casey?

6 A. Yeah. Yeah, Casey and there was a bunch of

7 other people there just left before this had all

8 happened.

9 Q. Yeah. About what time did the last game

10 happen? Do you have any idea at all?

11 A. Last game got over -- geez, I don't even

12 know. It was probably an hour and a half before the --

13 before this happened. By 5:00, 5:30 I think it got

14 over. I don't know for sure. But we were hanging out

15 at the tent a couple hours before this had happened. I

16 believe it was about 7 o'clock, a little after seven

17 when this all happened.

18 Q. Okay. So you're hanging out at the tent?

19 A. Yep.

20 Q. And then around -- you say a couple hours,

21 so around 7:00 p.m.?

22 A. Yep.

23 Q. What do you see?

24 A. I see Kyle and Jerry pull in with a silver

25 pickup truck. He's got a --

1 Q. Who?

2 A. Kyle. The kid that -- that shot him.

3 Q. Um hum.

4 A. Pulls in with a silver pickup truck. They

5 get out and they're all --

6 Q. Who's -- who's with Kyle?

7 A. Jerry Ucci and two other kids which I don't

8 know, but there was four people altogether in the truck

9 that I saw.

10 Q. Saw --

11 A. And I -- my car was -- Kyle.

12 Q. -- Kyle.

13 A. Jerry Ucci and two other kids that I don't

14 know who they were.

15 Q. Jerry Ucci?

16 A. Yeah. U --

17 Q. How do you -- do you know how to --

18 A. -- u-c-c-i.

19 Q. Ucci. Okay. So you pull in. There's four

20 guys in the truck, Kyle, Jerry, two other guys you don't

21 know?

22 A. Yeah.

23 Q. Okay.

24 A. They get out. They're -- they're all ramped

25 up and ready to fight, and I went up to the truck and I

1 see two weapons in the front seat, and I say what are

2 you guys up to? They're like oh, nothing much. They go

3 some guy's going to show up here and probably looking

4 for a fight, and I'm like so why are you guys -- you

5 know, why would you bring it down here to the softball

6 field, we're having a get-together down here, having a

7 good time. Well, supposedly -- they go there he is

8 right there, and parked about 100 yards up from the tent

9 up by the an -- right behind the antique place, I see a

10 car park --

11 Q. Okay. So you -- hold -- hold on a second.

12 A. Okay.

13 Q. So -- now, you ask Kyle?

14 A. I ask Jerry.

15 Q. You ask Jerry what are you --

16 A. Well, supposedly he didn't get down to the

17 why they were -- had a little conflict or what happened,

18 but he just said that there was going to be a fight

19 happening or some guy was going to come looking for a

20 fight and I'm --

21 Q. Tim asked Jerry what are you guys doing, and

22 Jerry replied some guy's going to come here to fight?

23 A. Yep.

24 Q. Didn't say who?

25 A. No.

1 Q. Okay. And then if this guy --

2 A. So I -- I look up in the parking lot and

3 there's a car parked up there. Well, this guy's

4 standing out there zapping -- which it sounded like a

5 Taser to me because it sounded like one of them bug

6 zappers every time he hit it, so I'm like well, that guy

7 looks like he's got a Taser, and I'm like what did you

8 guys do, and they didn't reply. They -- they started

9 walking up toward the car. And -- and Jerry's like

10 my -- he's my brother-in-law just about. So I didn't

11 want to see him get hurt. The guy looked pretty big, so

12 I -- I followed behind them.

13 Q. Yeah.

14 A. And there was like probably --

15 Q. So you're seeing Jerry and Kyle --

16 A. Yeah.

17 Q. -- walking up?

18 A. Everybody started walking up. There was a

19 crowd of people that walked up about halfway. I got

20 about halfway, and the kid was saying something about

21 what, am I going to get jumped by a bunch of people or

22 something, and he puts the -- throws the Taser or an

23 object that sounded like a Taser back in the car, pulled

24 out an ax and started running at everybody. He just

25 started running at people, I'm going to fucking kill you

1 and everything else. Everybody -- about -- I would

2 think at least 15 people started running back toward the

3 tent, including my girlfriend. She was right with me

4 the whole time.

5 Q. Hold on a second.

6 A. Okay. Sorry to rush you but --

7 Q. That's all right. I've just got to --

8 A. I mean, I'm -- I've never seen nothing like

9 this before. I'm like --

10 Q. Yeah. That's fine. It's understandable.

11 A. Just talking about it, I'm like getting

12 shaky already because --

13 Q. Yeah.

14 A. -- just witnessing something like that, I

15 didn't know what to do. I mean, I didn't know whether

16 to stay there and duck bullets or do -- who knows, but I

17 could hear bullets just -- the bullets were tinging off

18 cars when these shots were fired.

19 Q. So the guy throws the Taser back in the car?

20 A. Yep.

21 Q. And grabbed an ax?

22 A. Grabbed which looked like a -- a split moll.

23 And he said he was going to -- he said I'm going to

24 fucking kill every one of you, started running toward

25 everybody. And I was in awe. When he grabbed that and

1 started running, I'm like what the hell is going on. So

2 I -- we all run back to the tent, me and Katie. She

3 jumped -- my girlfriend, Katie Kingsbury, jumped in my

4 car. She was scared shitless. She's like let's get --

5 Q. Where are you parked?

6 A. Oh, I was parked right where the tent was

7 set up.

8 Q. Um hum.

9 A. Kyle's truck is right here right next to the

10 outhouse.

11 Q. Um hum.

12 A. Our car was over by the fence, the actual

13 outfield side fence.

14 Q. Okay.

15 A. Was just in from the fence, probably 20

16 feet, something like that. We were about four -- my car

17 was 40 -- 40 yards -- probably 40, 45 yards from Kyle's

18 truck.

19 Q. Okay.

20 A. The front of my car. So, I mean, I had the

21 clear view of everything when he -- he ran up to the

22 chuck, and I believe Kyle was in the truck. He was like

23 I'm going to fucking kill you. I mean, there's kids

24 running around everywhere, there's people everywhere,

25 and I'm looking at this guy -- he disappeared behind

1 the -- because I ran. I was out of here and there was

2 people scattering everywhere. Okay? I was standing at

3 the base of my car, my girlfriend was in my car --

4 Q. When you say the base of your car --

5 A. The front -- the hood of it.

6 Q. Okay.

7 A. I was standing at the hood of my car, and he

8 disappeared behind the outhouse, he was coming around,

9 and I'm like where the hell did he go. All of a sudden

10 he appears, and he's got this ax and he's running at

11 Kyle. I believe Kyle ran around the back side of his

12 truck. The kid ran -- ran up to the truck, the driver's

13 side, and then started smashing the driver's side doors

14 of his pickup truck.

15 Q. Did it look like he was going towards the

16 vehicle to smash it or did it look like he was going

17 towards Kyle?

18 A. He was going toward Kyle. I believe Kyle

19 was in the vehic -- ow.

20 Q. Cramp?

21 A. Oh. Sorry.

22 Q. That's all right.

23 A. No, Kyle was in the vehicle. The kid -- it

24 looked to me like the kid was after Kyle with the ax,

25 saying he was going to fucking kill him. Supposedly

1 I -- I mean, I don't know what happened with Jerry and

2 what he got into with Kyle or what happened between

3 them, why they fought or -- but it seemed to me like the

4 kid was going after Kyle for something. He didn't just

5 go after me or -- or anybody there, you know what I

6 mean? It was like he wanted that guy for some reason.

7 So he plunged that ax into the truck about three, four

8 times and --

9 Q. Okay.

10 A. Okay. So --

11 Q. So he hits the truck three or four times?

12 A. He hits the truck, the driver's side door a

13 couple times, and I'm standing right there and helpless.

14 I'm like this guy's going nuts. I mean, I'm not going

15 to walk up to him. He was a big boy. He was a lot

16 bigger than me, and he's got an ax saying he was going

17 to kill people. I'm like -- so I stayed right back away

18 from it. I didn't know if he was going to come after

19 me. I mean --

20 Q. Smart.

21 A. I mean, I could have been -- tried to have

22 been a hero, but I could have ended up with a split

23 skull.

24 Q. You could be -- end up being dead.

25 A. Yeah. So the kid hits the truck a few

1 times. He runs around the back side of the truck. As

2 Kyle's coming out of the passenger's side -- I believe

3 Kyle was in the driver's seat when he hit the door a few

4 times. He jumped into his car or the truck to get the

5 gun. Got out the passenger's side door and came around

6 the front of the truck pointing the gun the whole time

7 walking around the front of the truck, and the kid was

8 at the back end of this pickup when he shot him the

9 first time and --

10 Q. So the guy runs around the back of --

11 A. Oh, he saw Kyle get out of the -- the

12 passenger's seat and he was coming around the front, so

13 the guy started coming back because he saw he had a gun,

14 he must have, and just before he got around the back

15 side of the tailgate, he got a shot off, which I think

16 caught him in the leg. It looked like he got him in the

17 leg, but I really didn't -- I was in so much shock after

18 that first shot.

19 I actually didn't even go up to the guy to

20 see what his wounds were or nothing. I don't know CPR

21 or anything, but I had heard somebody say I just called

22 911, so I got the hell out of there usually or I would

23 have -- I was about ready to tell my girlfriend to call

24 911, get an ambulance there soon because after the

25 second shot, he went right down.

1 Q. So where was Kyle standing when he shot him

2 the first time?

3 A. At the front of his pickup. He was coming

4 around the front side of it.

5 Q. And the guy was at the back?

6 A. Yeah. Well, he was telling him to drop

7 the -- the ax or something or he was going to shoot him,

8 and the guy didn't and --

9 Q. You heard him say that?

10 A. Yeah. He said drop the ax or don't touch

11 my -- don't fucking hit my truck or something or I'm

12 going to shoot you.

13 Q. Okay. So he shoots him once, and he's up in

14 front, the bad guy, the -- the other guy's towards the

15 back and then -- and then --

16 A. Toward the back of the truck.

17 Q. -- and then what happens after that?

18 A. Then he shot him that time. The kid -- I'm

19 surprised he didn't go down. He didn't scream, he

20 didn't make no noises at all. I'm like holy shit, that

21 guy just took a shot, and it sounded like a .20 gauge to

22 me.

23 Q. Um hum.

24 A. I mean, I've fired weapons, I'm a hunter and

25 stuff, and it sounded like a shotgun.

1 Q. Um hum.

2 A. I -- that's what I thought it was. It

3 looked like it. Well, he -- the guy, he runs around the

4 back side of the tailgate or he hobbles across the other

5 side trying to get away from him. It looked like he

6 was -- he was -- he got shot and he was like what the

7 hell just happened, and he took a couple steps back

8 toward the tailgate. Kyle followed him around.

9 Q. Kyle come around the driver's side or did

10 Kyle go around the passenger's side?

11 A. He went back around this other way. The guy

12 went behind the truck. Kyle, after he shot him, he came

13 back around the front, and there was a car parked right

14 next to their truck, so there was a space in between his

15 truck and the car.

16 Q. Okay. So if this is the -- if this is

17 Kyle's truck, Kyle's here, other guy is here?

18 A. Yep.

19 Q. The guy starts going this way --

20 A. Yep.

21 Q. -- and Kyle goes this way --

22 A. Yep.

23 Q. -- or did Kyle go this way?

24 A. Kyle went this way. Yep. And then the --

25 there were -- I mean, those -- the two kids that were

1 with -- with Kyle, it looked like they were around. I

2 mean, I was focusing on that one guy, but there was so

3 many people around, I mean, I -- I couldn't believe

4 people were standing around like that close when some of

5 these, you know, gunshots are going off, I mean, but

6 there was a lot of people, and there's people screaming

7 behind me, kids running around. I'm like holy shit.

8 And I made sure that June -- she has two

9 boys that were there, and they were screaming, going

10 nuts, and I was like this is crazy, you got to get these

11 kids out of here, somebody call the ambulance, you know,

12 and so I heard somebody say it in the back, but I was

13 focusing on what was happening at the time because the

14 kid -- he came after Kyle before the second shot and he

15 had the ax. I don't know what he said, but they were in

16 between the vehicles --

17 Q. Um hum.

18 A. -- and when it -- the second shot occurred,

19 the guy fell over right behind the tailgate, and I think

20 Kyle went up to him or there was a couple people that

21 went up to him, and I got in the car and got the hell

22 out of there. I was like this is unbelievable and the

23 ambulance was on the way.

24 Q. Did you see Kyle -- what he did when he

25 walked up to him?

1 A. No. He was -- well, the way the pickup

2 truck is, he was laying -- I could see under -- just

3 under the --

4 Q. Um hum.

5 A. -- under the pickup truck where the guy was

6 laying down, and that's all I saw, but I saw -- when

7 they were in between the vehicles, I saw Kyle's back and

8 I could see the kid through the glass --

9 Q. Um hum.

10 A. -- and I -- his -- I don't know if he was

11 coming at him with the ax before he shot him the second

12 time, but it looked like he was coming at him when he

13 got shot that second time, and after that, he fell down,

14 and then there was just people running everywhere. That

15 was -- after the second shot, people were going nuts.

16 People were getting in their cars, burning out of there

17 and trying to leave. I believe there was a cooler I

18 almost hit coming out of there that was in the back of

19 probably somebody's pickup truck. I mean -- I mean, the

20 cops -- I mean, how long did it take the state police to

21 respond after that call?

22 Q. I don't know.

23 A. Because, I mean, usually it's minutes,

24 within minutes they're there. Or not even. I mean,

25 Chester police is right there --

1 Q. Um hum.

2 A. -- so it's not going to take more than a

3 couple minutes, two minutes tops probably for somebody

4 to respond. As soon as that second shot went off, my

5 girlfriend was behind the wheel the whole time telling

6 me get the -- get in the fucking car, and I got in the

7 car. We got out of there before any of the -- any

8 officers arrived. There was about four or five other

9 cars that I was following that left that probably --

10 that saw the same exact thing that I saw. But I don't

11 recall who it was I was following.

12 Q. You see Kyle in the second shot take aim?

13 A. Yeah. Well, there was so much screaming

14 going on, I didn't hear what was going on after that

15 first shot. There was some -- they were saying

16 something together right -- as they were face-to-face

17 between the vehicles, they were saying something.

18 Q. Couldn't tell what they were saying?

19 A. I couldn't tell. There was screaming going

20 on. I'm like holy shit and I'm like -- my girlfriend's

21 yelling at me. I'm like -- I want to -- I didn't know

22 what to do. I didn't know really what to do, whether

23 to -- I mean -- I mean, I would like to -- would help

24 people out or try to do something.

25 I kind of felt bad for the guy, but when

1 he's swinging an ax around at people, threatening

2 people's lives and the damage he did to it, I'm like I

3 kind of feel in my heart that he -- he probably did

4 deserve what he got if he's -- somebody's going to flip

5 out and be a maniac like that and -- I mean, I was --

6 felt like my life is in danger and everybody else's too.

7 I mean, the guy was enormous. He was way bigger than

8 me, and I sure as hell didn't want to tangle with him --

9 Q. Yeah.

10 A. -- and I was pretty scared and I'm usually

11 not.

12 Q. Yep.

13 A. After those gunshots, I'm like this is

14 crazy, and I got the hell out of there, I mean, and I

15 was -- I figured -- I was actually going to go back down

16 to the field, but there was so much chaos going on and

17 you guys probably had your work cut out for you getting

18 all the statements you had anyway, I just said I'll go

19 to work tomorrow and give you guys a call, you know, but

20 unreal. I can't -- it was very scary.

21 Q. Did you see anybody else have a gun?

22 A. No. Kyle was the only one that I saw with a

23 weapon. I saw two guns in the ba -- in the tru -- in

24 the driver's seat. When I -- when they pulled up, I

25 went up to them like what's -- you know, what's going

1 on, and I see the -- the two guns there.

2 Q. They were on the driver's seat?

3 A. They were right on the seat.

4 Q. Like resting across the seat or like the

5 barrel was pointing down towards the floor --

6 A. Down. Yeah.

7 Q. -- like you would if you were going out

8 hunting or something?

9 A. Exactly. Yeah. Yeah.

10 Q. So after the second -- after the second shot

11 goes off, you see the guy fall, he's laying down, you

12 could just barely see him underneath the truck?

13 A. Yep. He was moving around.

14 Q. Um hum.

15 A. I could tell he was alive.

16 Q. And then you saw Kyle walk up to him?

17 A. There was a bunch of people that walked up

18 to him.

19 Q. Okay. Did Kyle walk up independently, like

20 alone at any point in time?

21 A. No. No.

22 Q. So there was more than him walked up to this

23 guy?

24 A. I -- I thought there was a couple other

25 people there, but when he got behind the back end of the

1 tailgate at my angle where I was at, the truck was like

2 this.

3 Q. Um hum. Um hum.

4 A. And I couldn't see exactly who was back

5 there or what they were -- what was going on. I figured

6 somebody went up to try and help that guy --

7 Q. Um hum.

8 A. -- because he went right down after that

9 shot, and I didn't see where it hit him or nothing, but

10 when I saw him hit the ground, couple people went up to

11 him. I thought somebody was going to try to do CPR or

12 something. I just got in the car and turned my head and

13 I was gone, so I didn't -- I don't know anything that

14 happened after that.

15 Q. Who did you leave with?

16 A. Katie Kingsbury.

17 Q. Just Katie?

18 A. Yeah.

19 Q. Okay.

20 A. No, wait a minute. No. It was Kyle's

21 girlfriend was in our back seat with his dog.

22 Q. Okay.

23 A. Kyle Bolaski, the kid that did the

24 shooting --

25 Q. Yeah.

1 A. -- this -- his girlfriend -- I don't know

2 how the hell she got there, but she was in the back seat

3 of my car when we pulled out of there with his dog and

4 said she had to go somewhere in Chester.

5 Q. So where did you take her?

6 A. We dropped her off at the -- out by the

7 Swinging Bridge in Chester, said she had to go to her

8 aunt's house or something like that. I don't know

9 exactly what -- where she lived, but she took the dog

10 and headed out so --

11 Q. Did she say anything to you guys when you

12 guys were pulling out of there? I mean --

13 A. Did she?

14 Q. Yeah, (inaudible) --

15 A. She was on the phone screaming at her

16 mother, I think. She's on the phone going -- just going

17 ballistic.

18 Q. Saying --

19 A. And I'm like calm down, calm down.

20 Q. Saying -- what was she saying?

21 A. She -- I didn't even hear her. I mean, I

22 was on the phone getting phone calls from everybody

23 that's in my phone, what the hell just happened at the

24 softball field, and she's back there running the mou --

25 running her mouth saying something to her mother.

1 She was like something happened, he just got

2 shot, Kyle just shot somebody or something at the field.

3 That's all I heard her say. And we did a loop around

4 Chester and dropped her off up at the -- it's the base

5 of the green, like the -- just as you go past Gould's

6 Market in Chester --

7 Q. Um hum.

8 A. -- there's a left-hand turn right before the

9 green, there's the Swinging Bridge down there.

10 Q. Okay.

11 A. We just pulled in that parking lot and she

12 got out right there. And she was in the car --

13 actually, she was in the car when we did leave. Katie's

14 hollering let's get the hell out of here. After the

15 first shot, I believe the dog -- the dog had to have

16 been in the truck because he keeps his dog in the truck

17 all the time.

18 His girlfriend must have went up at some

19 point, which I didn't even see that, and she must have

20 got the dog out of his pickup truck, and the dog was in

21 my car when I got in there and she was -- she was going

22 ballistic when I got in the car.

23 Q. She didn't say anything about motive or

24 anything --

25 A. Nothing.

1 Q. -- about a weap -- nothing?

2 A. Nothing at all. She was just -- she was

3 freaking out after he shot -- he shot him the first

4 time, and she didn't say -- I don't know how she even

5 got there because the truck was loaded with four people,

6 and she wasn't in the truck. I didn't see her in the

7 truck when they -- when they pulled in.

8 Q. Okay.

9 A. But I know she did take his dog and she did

10 ride with us out of there. Katie was driving.

11 Q. What -- do you know what her name is?

12 A. I have no idea. I know that was his

13 girlfriend though.

14 Q. Where did she say that she had to go? You

15 say you dropped her off at the Swing -- Swinging Bridge.

16 Is that where --

17 A. Yeah.

18 Q. -- she said she wanted to go was the

19 Swinging Bridge?

20 A. Yeah -- well, she said -- she said she had

21 somebody that lived right there somewhere, and I'm like

22 whatever. I'm like I'm headed home, so get out and do

23 what you got to do, but she needed a ride out of there

24 so -- and she was in the car when -- when I got in the

25 car so --

1 And actually, when I looked back after the

2 first shot, my girlfriend was holding her back or

3 holding her from screaming. She had her picked right

4 up, she's kicking her legs all over the place because

5 she was freaking out that her boyfriend, you know,

6 just -- this just happened, she was witness to this

7 so -- but I didn't see her get in my car or nothing.

8 When I got in there, she was in the back so --

9 Q. How far away do you think the guy with the

10 ax was when he first started coming at that crowd of

11 people? I mean, was he from here to the wall or what do

12 you think he was --

13 A. It was like 30 yards.

14 Q. Twenty, 30 yards?

15 A. Thirty, 40 yards.

16 Q. Okay.

17 A. Because we had just barely got up to the

18 corner of the fence --

19 Q. Um hum.

20 A. -- where the tree sits. Right as you get

21 out of the field, there's a -- the fence on the red

22 field. Right at the corner of that where the foul pole

23 is, we were right there where that tree is just about,

24 and they were parked up just above, just onto the

25 blacktop where the -- it turns to dirt and then goes

1 to blacktop right there and there's a bleacher right

2 there?

3 Q. Um hum.

4 A. It's probably I would say, yeah, 30, 40

5 yards at least before we started running.

6 Q. Is there anything else you can think of --

7 let me just ask your opinion on this and, you know,

8 it's -- it's maybe here nor there but, I mean, you're

9 looking at this whole thing unfold, right?

10 A. Yeah.

11 Q. Did it look to you like -- did it look to

12 you like the guy that had the ax, I mean, was he in a

13 position where he could have hurt Kyle or anybody else

14 that was in the immediate area or do you think he was

15 just there to be intimidating and just to destroy his

16 truck?

17 A. He was there to hurt somebody.

18 Q. Okay.

19 A. As far as I know, as far as I saw, I think

20 Kyle acted out in self-defense 100 percent. 100

21 percent. And if it wasn't Kyle he was going to be

22 after, it was going to be somebody else. I mean, the

23 guy was threatening people that he was going to kill

24 them, anybody who stepped in his way, and that's what

25 scared the shit out of me because a guy like that flips

1 out like that, I mean, it's going to take a bunch of

2 people to get him down, and somebody's going to get hurt

3 out of it at least.

4 Q. Um hum. Um hum. Big guy.

5 A. But he -- yeah, he definitely -- I think

6 Kyle acted out -- I know Kyle acted out, from what I

7 saw, as self-defense. It was 100 percent self-defense.

8 I mean, either he was going to shoot him or the guy was

9 going to club him with that ax.

10 I mean, tell you the truth, I didn't

11 think he was going to pull the trigger. When he pulled

12 the gun -- I mean, usually if you -- if you got a gun

13 pulled on you, I would -- yeah. You know what I mean?

14 But it looked to me like the guy was -- he wanted it for

15 some reason, whether he was going to shoot him or not,

16 and that's the only thing that stopped him.

17 I mean, there's probably nothing else

18 that would have stopped him as far as I saw. I mean,

19 why would somebody come running at a group of people

20 with an ax threatening to kill you? Obviously they're

21 going to want to hurt you somehow. I mean, you don't

22 see that every day.

23 Q. He was wigging out pretty good though?

24 A. Yeah.

25 Q. Big guy.

1 A. Yeah. I -- it seemed to me he didn't even

2 make a peep when he got shot. He had to have been on

3 something. I mean, if you get shot at a distance of

4 like ten yards, the length of a pickup truck, you're

5 going to hurt.

6 Q. Um hum.

7 A. You're going to scream maybe or something.

8 Q. Yeah.

9 A. And he didn't make a peep. I was surprised.

10 He didn't yell, nothing. Nothing. So I was like

11 (inaudible). And the guy, he had to have been whacked

12 out on something I thought. You know, the way he was

13 running, yelling and the way he was talking to -- you

14 know, screaming at everybody and Corey -- and Kyle, you

15 know, he was -- he was -- he wasn't -- I didn't see --

16 see like he was a good human being whatsoever and

17 definitely pretty scary. Even for me to say. Usually

18 I -- I'll hold my ground or whatever if something

19 happened, but not -- it just -- I didn't feel safe at

20 all so --

21 Q. Through this whole thing, you were standing

22 outside of your car, like in front of your car?

23 A. Yeah. Yeah.

24 Q. And you were about 40 yards, you say, away

25 from the truck?

1 A. About -- it was probably 30 yards from his

2 truck, yeah, 30 -- about 30, 40 yards. Because he's

3 parked right on the side of the outhouse, and I was

4 right next to the tent, like right off to the left --

5 the closest side to the fence right in front of the

6 tent.

7 Q. And your girlfriend was inside the car?

8 A. Yep. She was in the car at one point, and

9 then she was out trying to calm down Kyle's girlfriend

10 at another point.

11 Q. You're not sure of her name?

12 A. I weren't even looking behind me. I was --

13 I saw people running everywhere, so I didn't really pick

14 up exactly where she was at every -- every moment --

15 Q. Okay.

16 A. -- but when I did look in back to see her,

17 that was with Kyle -- Kyle's girlfriend, she had her by

18 the waist, and she was trying to calm her down because

19 she was screaming and going nuts, and I think that's

20 when she probably put her in the car, and I was looking

21 back to see what the hell's going on with this guy, what

22 the hell -- you know.

23 Q. So Kyle didn't elaborate at all when he

24 first got there about the fight? Or not Kyle but

25 Jerry?

1 A. No. No. I mean, they didn't -- there

2 wasn't time. As soon as they pulled in, that -- that

3 car pulled right in. Like a minute after. Pulled right

4 around. The guy got out, started zapping that -- some

5 thing. I'm like --

6 Q. Did you see them drinking? You see Kyle and

7 those guys that were in the truck --

8 A. No.

9 Q. -- were they -- were they drinking?

10 A. I didn't see them -- any -- any of them with

11 any alcohol.

12 Q. Okay.

13 A. But there was kegs there so, I mean, they

14 could have been -- they could have been drinking, but I

15 doubt -- after something like that happened, are they

16 really going to go over and fill their cup up with beer

17 and have a good time. You know what I mean?

18 Q. No, I'm talking about prior to the incident.

19 A. Oh, no. I hadn't seen them -- I haven't

20 seen Jerry and Kyle for months. Actually, month and a

21 half ago, we went fishing up at Echo Lake in Ludlow, and

22 that was the last time I saw both of them guys so --

23 Q. Okay. Just do me a favor and just raise

24 your right hand. Do you swear that all the information

25 you've given me pertinent to this case is the whole

1 truth and nothing but the truth, so help you God, under

2 the pains and penalties of perjury?

3 A. Yes, sir.

4 Q. Okay. Thank you.

5 (Thereupon, the proceedings were concluded.)

1 CERTIFICATE

3 I, Donna Gould, do hereby certify that the

4 foregoing pages, numbered 1 through 30, inclusive, are a

5 true and accurate transcription, to the best of my

6 ability, of the digitally-recorded statement of Timothy

7 Arbuckle held on August 17, 2008, in the matter of

8 State v. Kyle Bolaski, at the Vermont State Police

9 barracks, Rockingham, Vermont.

13 _____________________

15 Donna Gould

16 Transcriber