Actions and responsibility

[Tas]

So my question is, why is the father not on trial for poor judgement, and assessment of what an 8 year old strength and capability is, and letting the child fire the UZI. Take responsibility for taking your child to an event like this, and letting him have the gun in the first place...


Bid to block video of boy accidentally shooting himself with Uzi at US gun fair December 3, 2010 - 12:13PM

Christopher Bizilj and Chief Edward Fleury, accused of manslaughter at a gun fair after horrific accident with Uzi submachine gun.

As a former Massachusetts police chief heads to trial on manslaughter charges in the accidental shooting death of an eight-year-old boy at a gun fair, prosecutors and defence lawyers are wrangling over a horrific piece of evidence: a videotape of the shooting taken by the boy's father.

Former Pelham police Chief Edward Fleury is scheduled to go on trial next week in the 2008 death of Christopher Bizilj, who was killed when he lost control of an Uzi at a gun fair and shot himself in the head.

Fleury's attorneys say the videotape is gruesome and is likely to elicit an emotional reaction from jurors and prejudice them against their client.

Advertisement: Story continues below They are asking the judge to keep the videotape out of the trial or, if not, then to bar prosecutors from playing the audio portion of the tape, which includes the father's anguished reaction to the death of his son, of of Ashford, Connecticut.

Dr Charles Bizilj brought his two sons to an annual gun show at the Westfield Sportsman's Club on October 26, 2008, and was standing nearby as Christopher fired a 9mm micro Uzi submachine gun at a pumpkin.

The boy lost control of the gun as it recoiled.

One of Fleury's lawyer, Rosemary Curran Scapicchio, said the videotape is graphic and could evoke bias against her client. Fleury, who owned the company that organised the event, has pleaded not guilty.

"I'd hate to have the jurors not be able to remain impartial after they've seen the video," Scapicchio said.

The defence also has taken the unusual step of asking Judge Peter Velis to consider showing the video to potential jurors and giving them the chance to decline to sit on the jury if they believe the video is so wrenching that they cannot serve.

"If they know they don't want to view it and they can't handle it, they shouldn't have to, and then they shouldn't sit on the jury," Scapicchio said.

Hampden District Attorney William Bennett did not return a call seeking comment on the video.

Previously, it had been widely reported that Charles Bizilj had been reaching for a camera when his son accidentally shot himself.

Edward P. Ryan Jr., a defence lawyer and former president of the Massachusetts Bar Association, said the judge will have to weigh whether the videotape helps to prove a fact or issue in the case against whether it is unduly prejudicial to Fleury to have jurors watch it.

"Ultimately, I think the judge will let it in," said Ryan, who is not involved in the case.

"It depicts the gun in operation. It could help the jury make a determination as to whether or not allowing the boy to fire the weapon is wanton or reckless," he said. "They get to see the circumstances under which the gun was fired."

AP

[Pinklepurr]

Didn't we talk about this when it happened? It is a couple of years ago isn't it?

[Tas]

Don't remember that, maybe just didnt' get into that particular discussion, but does sound like a porum topic. Just was a headline on todays news because of the video thing I guess.