SPRINGFIELD, Mass.—A video of an 8-year-old boy accidentally killing himself with an Uzi submachine gun at a gun fair is expected to be shown Thursday to a jury in the manslaughter trial of a former police chief whose company co-sponsored the show.
The Hampden Superior Court jury in Springfield also is expected to hear testimony Thursday from the boy's father, who videotaped the 2008 shooting at a firing range in nearby Westfield, about 100 miles west of Boston.
Former Pelham police Chief Edward Fleury has pleaded not guilty to involuntary manslaughter and other crimes in the death of Christopher Bizilj, of Ashford, Conn. Two men who took machine guns to the show also have pleaded not guilty to manslaughter and are awaiting trial.
The judge has ruled that the jury can see the video portion of the shooting but not hear the audio portion at the time of the accident and afterward. Judge Peter Velis has said the entire video is horrific but the audio after the shooting is especially traumatic as the father screams and prays his son is all right.
Prosecutor William Bennett told the jury during opening arguments Tuesday that Fleury was the main organizer of the shooting event at the Westfield Sportsman's Club and his "reckless and illegal" actions led to the boy's death.
Bennett said Christopher was too young to control the powerful weapon, which fires 1,200 rounds per minute. The short muzzle flipped back toward Christopher's face, sending a bullet through his cheek and through his brain. Bennett said an uncertified 15-year-old boy was helping Christopher fire the gun.
Fleury was wrong, Bennett said, to advertise that there was no age limit or license required to shoot machine guns at the fair.
Defense attorney Rosemary Scapicchio denied that her client acted illegally or recklessly. She said the event was controlled and organized and others besides Fleury had final say over who could shoot the guns.
She argued that there's an exemption in state gun laws that allows minors to temporarily hold machine guns, as long as they are with licensed people and on firing ranges. Bennett denied that claim, saying state law does not allow anyone to possess or fire machine guns without a machine gun license.
Scapicchio also said some of the responsibility for Christopher's death falls on his father, Dr. Charles Bizilj, who decided to take his two sons to the machine gun shoot, signed a liability waiver form and picked out the Uzi.
Prosecutors have said that Charles Bizilj was not charged because he was a layman and based his decision to allow his sons to fire the gun on information from others who should have known it was too dangerous.
Wednesday's proceedings began in the mid-afternoon because of the swearing-in of new District Attorney Mark Mastroianni. Bennett, who did not seek re-election as district attorney after 20 years in office, will stay on as a special prosecutor to handle the Fleury case.
Jurors heard brief testimony Wednesday from Hobaica, a registered nurse who works with Bizilj at Johnson Memorial Hospital in Stafford, Conn. He said he has known Bizilj for 15 to 20 years. He said he saw a flier about the machine gun shoot and told Bizilj that it might be a fun thing to do together.
Hobaica went to the gun shoot with Bizilj, Bizilj's two sons and Bizilj's father-in-law. He testified that he saw Christopher's brother, then 11-year-old Colin, shoot a gun that appeared to malfunction. His testimony ended there.
Bennett said Tuesday that Colin fired an Uzi that jammed, then was handed a micro Uzi, which he fired without incident. Christopher then fired the micro Uzi.