Fleury is charged with involuntary manslaughter and 3 counts of furnishing a machine gun to a minor. Watch video
SPRINGFIELD - A Hampden Superior Court jury on Friday will deliberate whether Edward B. Fleury should be held responsible in the accidental death of 8-year-old Christopher Bizilj at an October 2008 machine gun shoot at the Westfield Sportsman’s Club.
Fleury, former Pelham police chief, is charged with involuntary manslaughter and three counts of furnishing a machine gun to a minor. Fleury’s solely owned company organized and ran the event, which was co-sponsored by the club. Christopher died after accidentally shooting himself in the head with a Micro Uzi machine gun.
Prosecutor William M. Bennett told jurors in his closing arguments that the annual machine gun shoot was “a land mine waiting to explode.”
He said Fleury was in a position to know the danger posed by an 8-year-old child shooting a machine gun, a danger that could not be known by the parent of a child shooting that day.
Bennett said even if a child followed the instructions of the range officer at the show, “Just like that, the gun could flip back, shoot him in the face and end his life.”
Last week the jury viewed the video by Christopher’s father, Dr. Charles Bizilj, which caught the fatal shot. Jurors will be able to review the video in the jury room.
“When you look at the video I ask that you take your time. It’s unpleasant. It’s your duty. Play it in slow motion,” he said.
Bennett said the video shows 15-year-old Michael Spano, who was supervising Christopher, wasn’t paying attention.
“He’s 15, he’s immature,” Bennett said.
“Looking at the video, you can understand why the law prohibits anyone from furnishing a machine gun to a child,” Bennett said.
Defense lawyer Rosemary Curran Scapicchio told jurors Fleury cannot be held responsible for the actions of others on Oct. 26, 2008.
She said that the people who testified said the shooting was an accident.
She said Fleury’s conduct was lawful and reasonable.
“He should not be held responsible for the decisions of others that allowed Christopher Bizilj to shoot that day,” Scapicchio said.
Scapicchio said the jury cannot find Fleury guilty of involuntary manslaughter even if jurors believe Fleury was negligent.
She said jurors would have to believe Fleury acted with wanton and reckless conduct that caused Christopher’s death.
“It would be a totally different story if someone left a machine gun lying around and an 8-year-old picked it up and shot himself,” Scapicchio said. “There’s layer upon layer upon layer of protection here. That’s how the shoot was run.”
Scapicchio said Charles Bizilj signed a waiver allowing Christopher, and his older brother Colin, 11, to shoot fully automatic weapons.
“If you think it’s a dangerous activity don’t go. No one’s forcing you,” she said. “Mr. Bizilj chose the weapons for his sons, not Mr. Fleury.”
“Why is Mr. Fleury the scapegoat here?,” Scapicchio asked.
