CLUB DEFENDED State Rep. Donald Humason, a member of the Westfield Sportsman's Club, says no one at the club knew it was illegal for someone under 18 to shoot a machine gun during a club event. Story on MassLive.

This is a 1:15 p.m. update of a story originally posted at 11:21 this morning.

By BUFFY SPENCER

bspencer@repub.com



SPRINGFIELD - Pelham Police Chief Edward Fleury was indicted for involuntary manslaughter Thursday for his role in the death of an 8-year-old Connecticut boy who shot himself accidentally at a Westfield gun show in October.





Also indicted for involuntary manslaughter was the Westfield Sportsman's Club, where the death occurred, and two other individuals, identified in court records as Carl Giuffre, of Hartford, and Domenico Spano of New Milford, Conn.

Fleury and the sportsman's club were each also indicted on four counts of furnishing a machine gun to a person under 18.



Christopher K. Bizilj of Ashford, Conn., died from a head wound after he lost control of a Micro UZI submachine gun as he fired it during the gun show on Oct. 26.

COP Firearms & Training, a private company owned by Fleury, co-sponsored the gun show.

Hampden District Attorney William M. Bennett said Giuffre and Spano supplied the machine guns used at the sportman's club, but he said Fleury had assured them the action was legal.

Bennett conducted a press conference on the incident late Thursday morning.



Bennett said no indictments were sought against Charles Bizilj, Christopher's father, who selected the gun that caused the fatality for his son.

Bennett said, "The father will be punished every day of the rest of his life."





Charles Bizilj apparently selected the gun because of its small size and did not realize that would make it more dangerous, Bennett said.

He said that the men indicted will not be arrested but will be summonsed into court. The arraignment date has not been set yet.

Bennett said that Fleury is still a police chief. He referred questions about Fleury's status to the town of Pelham.

Fleury dropped out of sight after the accident. He initially took vacation time, but Kim Leahey, administrative assistant to the Board of Selectmen, said that Fleury is now on paid sick leave and the town has received no date for his return.

There was on answer at Fleury's house in Pelham Thursday, and two "no trespassing" signs are posted at the entrance to the driveway.

He has declined to speak with reporters since the shooting, opting instead to release a statement through his lawyers expressing sorrow for the accident, and pledging his cooperation with the investigation.

The only public comment from selectmen came on Oct. 30 when board Chairman William R. Martell read a statement stressing that Fleury was not acting as a town employee in his role at the expo.

"It was not an event sponsored by, or in any way sanctioned by the town of Pelham, its police department, or the selectmen," Martell said at that time.

Leahey said Thursday that selectmen will have no comment on Fleury's indictment until the board consults with its legal counsel. No meeting has been scheduled with town counsel.

Indictments in machine gun death of 8-year-old

Bennett said that he believed the fact that Fleury is a police chief contributed to other participants and organizers belief that what they were doing was not prohibited by law.



"A Micro Uzi is made by and for the Israeli Armed Forces and is intended to meet the needs of the Israeli Special Forces," Bennett said. "It is not a hunting weapon."



The small size of the weapon together with its rapid rate of fire makes it more likely that an 8-year-old would lose control and the muzzle would turn close to his face, Bennett said. He said Christopher weighed 66 pounds and was 4'11" tall.



Spano is from Milford, Conn., and Giuffre is from Hartford, Conn.



The indictments against the club do not list any individuals. Bennett said that would mean there would be no imprisonment possibility, but the law allows for a significant fine, up to $10,000 for each count of furnishing weapons to minors.



Bennett said that the advertisement for the event said minors could shoot, without setting any age limits. He said that although the flyer said the participants would be supervised, Christopher was being supervised by a 15-year-old who was knowledgeable about guns but not certified.



Although the indictments name four minors to whom guns were furnished, Bennett said it is clear that more minors were involved. He said there were four indictments because that seemed a sufficient number and he had the proof necessary for probable cause.



The maximum sentence for furnishing the machine guns is 10 years and for involuntary manslaughter is 20 years, Bennett said. There is no minimum mandatory sentence.



He said there is no exception to the law allowing the furnishing of the guns with parental consent.



Bennett said that it has become clear that there is a widespread misunderstanding about what is allowed.



He said he has been in touch with Kevin M. Burke, Secretary of Public Safety, and he expects additional guidelines will be issued to prevent such events happening again.



Two of the minors listed in the indictments for furnishing the guns are only identified by initials. In addition to Christopher Bizilj, the other name in one of four indictments is listed as Colin Bizilj.

More details in The Republican tomorrow.