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Placer D. A.’S Ofice will Not File Charges in Death of Rocklin Man

DISTRICT ATTORNEY’S OFFICE WILL NOT FILE

 CHARGES IN DEATH OF ROCKLIN MAN.

           

The Placer County District Attorneys Office announced today that no charges will be filed against Zachary Kachmar, 20, of Rocklin in connection with the death of 51-year-old Robert Earl Vickney, Jr. of Rocklin on July 13, 2013, during a party at the Vickney’s Rocklin home.   The decision was made after a full review of the extensive investigation conducted by Detectives from the Rocklin Police Department which included interviews with witnesses and an interview with Kachmar.

The facts of the case clearly suggest the Vickney was the aggressor in the case and had been angry and hostile toward Kachmar prior to the incident because Kachmar had accidently broke a shot glass. According to witnesses, Vickney was heavily intoxicated at the time of the incident.  The evidence showed that Vickney, who was 6 feet tall and 230 pounds, attacked Kachmar, who is 5 foot 9 inches and 132 pounds, while Kachmar was sitting down. Vickney was strangling Kachmar to the point Kachmar felt he was losing consciousness. At some point during this exchange the knife went into the chest of the victim. All witnesses at the party, including the victim’s son, confirm this sequence of events.

All witnesses confirm that Kachmar did not arm himself with the knife but had it in his hand when he was attacked by Vickney. He was in possession of the knife for the purpose of “shotgunning” beer. This is a process for rapidly consuming a fluid by poking a hole in a can and opening the top. The fluid escapes from the can at a high rate of speed into the mouth. Again, all witnesses confirm the above facts.

The law requires proof beyond a reasonable doubt that Kachmar acted with malice and intent to kill. The prosecution must also prove that Kachmar did not act in self defense. Given the facts outlined above, there is insufficient evidence to show that Kachmar intentionally stabbed Vickney.  Even if the evidence had shown the stabbing was done intentionally, Karchmar would have a valid claim of self defense given the conduct of Vickney. Accordingly, no charges will be filed against Kachmar in this case

The death of Robert Vickney was truly an unnecessary and avoidable tragedy. His death was a result of the irresponsible consumption of alcohol combined with a volatile temper and the complete absence of a sober or mature influence to control an escalating situation. We are fortunate, however, that officers from Rocklin Police Department quickly responded to the scene to prevent further escalation of this unfortunate situation and, through their investigation, provide us with an accurate account of the facts of the case that led our office to this difficult but appropriate decision.

zach

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