By Owen Boss
Staff Writer
SPRINGFIELD - The Micro Uzi machine gun that killed 8-year-old Christopher K. Bizilj at a Westfield gun fair last October reportedly jammed twice and was inspected by a 15-year-old boy before it slipped from Christopher's grasp and discharged, according to a $4 million wrongful death lawsuit filed Monday.
Christopher was shot through the head at the "Great New England Pumpkin Shoot" last year, an event the suit alleges was advertised as "an opportunity to shoot machine guns and automatic weapons, without the requirement of permits or licenses to do so" It was sponsored by COP Firearms & Training, owned by Edward Fleury, who resigned as Pelham police chief in March, and the Westfield Sportsman's Club.
The suit was filed in U.S. District Court by attorney Vincent A. Bongiorni, of Springfield, on behalf of Christopher's parents, Suzanne M. and Charles D. Bizilj, and his 11-year-old brother, Colin, of Ashford, Conn. The suit alleges negligence in maintenance and training, wrongful death and the infliction of emotional stress against seven defendants: the Westfield Sportsman's Club Inc.; COP Firearms & Training of Amherst; Fleury, of Amherst; Provost Precision Pistols LLC, of Weatogue, Conn.; Carl Giuffre of West Hartford, Conn.; D&T Arms LLC, of New Milford, Conn.; and Domenico J. Spano, of Milford, Conn.
Fleury, Spano and Carl Giuffre face additional criminal charges in Hampden Superior Court. Each has pleaded innocent to charges of involuntary manslaughter and furnishing a machine gun to a minor in connection with the shooting. Their trial had been set for Dec. 8, but was postponed last week.
According to the 32-page lawsuit, on Oct. 28, 2008, Charles Bizilj purchased the opportunity for his son, Christopher, to fire a Micro Uzi 9 mm that was owned by Giuffre and brought to the exposition by Spano. Giuffre and Spano were reportedly designated as "renters" at the expo, hired and solicited by Fleury to provide the weapons used by patrons.
When Christopher reportedly stepped to the line to fire the weapon, the suit alleges that Spano's son, 15-year-old Michael Spano, was the line officer charged with loading the weapon, handing it to the participant and providing instructions on its use. While Christopher was firing, Charles Bizilj was reportedly ordered to stay clear of the area and was required to stand behind restraining ropes.
On the first and second firing attempt, the suit alleges the weapon jammed and that Spano retrieved it, cleared what he believed was a jammed round of ammunition, and handed it back to Christopher. On the third try, when the boy attempted to raise the weapon to his shoulder, the stock slid down his shoulder, causing the barrel to spin upward and discharge as Christopher tried to prevent it from falling, according to the suit.
Shortly after the incident, Hampden District Attorney William M. Bennett initiated a probe into the boy's death aimed at determining whether it was illegal or reckless for children to possess or fire a machine gun. State law prohibits furnishing a machine gun to any person under the age of 18.
But others have asserted that the state's gun laws are so poorly written that even experts have trouble deciphering them.
Owen Boss can be reached at oboss@gazettenet.com
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