Pelham chief says little on gun death of child, 8

By Nick Grabbe and MARY CAREY
Staff Writers

Published on October 31, 2008

SPRINGFIELD - The Hampden County district attorney has undertaken a criminal investigation of a Westfield firearms fair at which an 8-year-old boy died Sunday after accidentally shooting himself in the head with a machine gun.

Meanwhile, Pelham Police Chief Edward Fleury, whose organization co-sponsored the event, continues to decline to answer questions about his involvement in the Machine Gun Shoot and Firearms Expo.

He did, however, issue a statement Wednesday evening through his attorneys, David Kuzmeski, of Easthampton, and Charles F. Ksieniewicz, of Northampton.

The statement reads: "Chief Edward Fleury of the Pelham Police Department wishes to extend his condolences and deepest sympathy to the family and friends of Christopher Bizilj who died tragically Sunday as the result of a shooting accident at the Westfield Sportsman's Club."

It continues: "Sunday's events have deeply traumatized and saddened all who were at the club, including Chief Fleury. Chief Fleury is cooperating with the Westfield Police Department in its ongoing investigation and out of respect for Christopher's family, he feels it is inappropriate for any further public comment relative to Sunday's accident at this time."

Pelham officials were expected to deliver a statement on the incident Thursday.

The boy, Christopher Bizilj, of Ashford, Conn., apparently lost control of the Uzi machine gun while his father stood 10 feet behind him and an instructor assisted him.

The investigation is looking into whether there were violations of the state firearms law. "At this point in the investigation, I have found no lawful authority which allows an 8-year-old to possess or fire a machine gun," said District Attorney William Bennett in a press release.

The second focus of the investigation is whether it was "a reckless or wanton act to allow an 8-year-old to use a fully loaded automatic weapon," he said.

The probe involves state and local police and the U.S. Bureau of Alcohol, Tobacco and Firearms. Detectives have interviewed witnesses and are securing records and licenses related to the event, Bennett said.

A video has been obtained that "may be relevant to the shooting," he said.

In Pelham

Fleury, Pelham's police chief for 20 years, operates C.O.P Firearms & Training, the company that co-presented with the machine gun shoot last weekend.

It has not been confirmed whether Fleury was at the gun shoot or how closely he was involved with it.

"We've got to make a statement soon," said Bill Martell, chairman of the Pelham Board of Selectmen. Although he has not had many calls from residents, he said he has been contacted by about a half dozen news organizations. "Until we're told what to do, we're not going to say anything," he said.

Selectman Edward Martin said he had not heard from any residents with concerns but decided to call Kopelman & Paige, the law firm that serves the town, for advice. "I didn't think that it would be appropriate for us to do anything, but I wanted to make sure."

The selectmen were scheduled to meet at 1 p.m. at the Rhodes Building on Amherst Road to read a statement but were not going to take questions, Martell said.

It is not the first time that Fleury has had some involvement in a gun accident. In September 2003, he unintentionally fired a loaded gun while teaching a firearms safety course. Not realizing the gun was loaded, he pulled the trigger while demonstrating the proper shooting stance to six students. A bullet went through the wall of the community center and into a steel door frame. He gave the public a written apology about a week later in which he outlined safety measures he would implement, including using only designated demonstration weapons for classes.

Fleury told a reporter in 2002 that he and Sgt. Kevin Fournier taught about a half-dozen firearm safety classes a year and there were generally about 30 people in a class.

In his letter of apology, Fleury said he was one of the first police officers in the area to be certified as a firearms instructor in 1982, and had taught gun safety to more than 1,000 people by 2003.

Several residents at the time said there should be an outside investigation into the accident, but others said they were satisfied by Fleury's explanation.

Town Meeting Moderator Joan Temkin, who said at the time that she didn't think Fleury should be fired, said people should not jump to any conclusions about Fleury's involvement in the Westfield accident until more is known about it.

"Until the investigation is done, I don't think there is anything for us to do on the local level."

Temkin said she was surprised to hear that Fleury's company is involved with machine gun shoots. They apparently are a popular pastime in many places, such as Texas and Kentucky.

"I've never been to a gun show. I had no idea that anything like that goes on," Temkin said. "I just feel terrible for the (boy's) family."

No license required

Gun clubs are not required to have state licenses, said Terrel Harris, spokesman for the state's Criminal History Systems Board, which oversees firearms licensure.

"We are trying to work with the DA and others to establish exactly what license, if any, they have," he said.

A member of the Westfield detective bureau, who was asked if the firearms fair needed a license, referred all inquiries to the district attorney's office.

The state law governing licenses to carry firearms is Chapter 140, Section 131.

It reads in part: "The colonel of state police may, after an investigation, grant a Class A license to a club or facility with an on-site shooting range or gallery, which club is incorporated under the laws of the commonwealth for the possession, storage and use of large-capacity weapons."

It provides that "at least one shareholder of such club shall be qualified and suitable to be issued such license, and ... that such large-capacity weapons and ammunition feeding devices may be used under such Class A club license only by such members that possess a valid firearm identification card ... or by such other persons that the club permits while under the direct supervision of a certified firearms safety instructor or club member."

Also relevant to the investigation is Chapter 269, Section 10 of the Massachusetts General Laws. This deals with "crimes against public peace," including "carrying dangerous weapons; possession of machine gun or sawed-off shotguns; and possession of large-capacity weapon or large-capacity feeding device."

Co-sponsor's role

At the machine gun expo, children under 16 were admitted for free. "It's all legal and fun - no permits or licenses required!" a flier advertising the event read. "You will be accompanied to the firing line with a certified instructor to guide you but you are in control."

The Bulletin asked Fleury if he was at the expo on Sunday, whether he is involved in training instructors and whether the instructor should have allowed the boy to fire the weapon. The newspaper also asked Fleury if C.O.P. Firearms & Training is involved in sales, and whether Sunday's show required a license.

These questions were put in writing and left at the Pelham police station and at his home, but Fleury did not respond as of press time.

Material from The Associated Press was used in this report.