Gun-collecting dad of boy who shot pal gets 5 years in plea deal
Friday, October 27, 2006 BY JIM O'NEILLStar-Ledger Staff
Michael Guerriero broke down in tears yesterday as he admitted he failed to keep his vast collection of guns locked away from his 11-year-old son, who accidentally shot and killed a 12-year-old boy in June while showing off a revolver.
Speaking barely above a whisper, the 46-year-old East Brunswick man pleaded guilty to child endangerment in the death June 26 of Alexander Khoudiakov. The deal with prosecutors calls for him to be sentenced to five years in state prison.
There were no apologies yesterday, but Guerriero cried and visibly shook during the hearing at the Middlesex County Courthouse in New Brunswick, as he insisted he would never do anything to intentionally hurt a child.
By pleading guilty, Guerriero avoided a trial and the possibility of a maximum 10-year prison term on a child endangerment conviction. Under the plea deal, prosecutors estimated he could spend as much as 18 months behind prison walls before becoming eligible for parole.
Guerriero's 72-year-old mother, Josephine Guerriero, also pleaded guilty yesterday to two counts of endangering the welfare of the two boys, and will be sentenced to five years' probation. Superior Court Judge Dennis Nieves, who ac cepted the guilty pleas, said he will sentence the Guerrieros on Jan. 26.
Middlesex County Assistant Prosecutor Nicholas Sewitch said he insisted on a prison term as a warning to others.
"A message must be sent that if you keep guns in your home, you must make sure these weapons are secured so this doesn't happen to another innocent child," Sewitch said.
While the guilty pleas place responsibility squarely on the shoulders of Guerriero and his mother, they were not asked to explain why there were so many loaded guns in their three-bedroom condominium at the Kingswood Station complex.
Neither defendant, nor their attorneys, would comment outside court.
Michael Guerriero told the judge the 98 guns and 1,611 rounds of ammunition seized from the home by police after the shooting had belonged to his father, who died in the early 1990s. Guerriero said he kept the collection and brought it with him to his mother's East Brunswick condominium about four years ago after he and his wife divorced.
Michael Guerriero's son, now 12, pleaded guilty Sept. 5 to a count of manslaughter. The boy, whose name is being withheld by The Star-Ledger, admitted he intentionally pulled the trigger of the gun, but was unaware it was loaded. The boy was sentenced to serve up to three years at a school for emotionally disturbed children.
The sentence was imposed dur ing a private juvenile court hearing Sept. 29. Attorneys said the boy has been adjusting to life at the Bonnie Brae Residential Treatment Center for Adolescent Boys in the Liberty Corner section of Bernards Township, Somerset County.
Alexander Khoudiakov and another unidentified 9-year-old boy were playing in the Guerriero bedroom when Guerriero's son retrieved the .38-caliber handgun from a closet, pointed it at Alexander from a distance of 6 to 12 inches, and pulled the trigger, authorities said.
The shot hit Khoudiakov in the face, killing him instantly, authorities said. The 9-year-old boy did not see the actual shooting and was not hurt, police said.
Guerriero's son immediately called police and ran from the condominium, saying he accidentally killed his friend.
Josephine Guerriero told the judge yesterday she had invited Khoudiakov to stay for dinner and was in the kitchen preparing the meal when the gun went off. Police said the father was at work.
Sewitch, the prosecuting attor ney, said he was surprised when police found so many loaded guns in the condominium, noting Guer riero "certainly should have known better," since he grew up in the home of a gun collector and learned about shooting weapons and gun safety at an early age.
Shortly after the shooting, Guerriero told police he never loaded any of the weapons, but Sewitch said police were suspicious of the claim since none of the bullets appeared tarnished, and none of the gun chambers was rusty.
The finding suggested guns and bullets had been handled at some point in recent years, Sewitch said.
In addition, Sewitch said investigators were stunned to find 21 pistols, five of them loaded, in the closet of the bedroom shared by Guerriero and his 11-year-old son. Included was the Smith & Wesson that killed Alexander, Sewitch said.
Guns and ammunition were found in every closet of the home, Sewitch said, adding the family also kept a handgun in a kitchen drawer.
Josephine Guerriero told the judge she did not know there were handguns in her home, although she acknowledged her husband's large collection of rifles. She said he had been a gun collector for many years.
Court records showed relatives were afraid to let their child play at the Guerriero home because of the large number of weapons kept in the household.
Friday, October 27, 2006 BY JIM O'NEILLStar-Ledger Staff
Michael Guerriero broke down in tears yesterday as he admitted he failed to keep his vast collection of guns locked away from his 11-year-old son, who accidentally shot and killed a 12-year-old boy in June while showing off a revolver.
Speaking barely above a whisper, the 46-year-old East Brunswick man pleaded guilty to child endangerment in the death June 26 of Alexander Khoudiakov. The deal with prosecutors calls for him to be sentenced to five years in state prison.
There were no apologies yesterday, but Guerriero cried and visibly shook during the hearing at the Middlesex County Courthouse in New Brunswick, as he insisted he would never do anything to intentionally hurt a child.
By pleading guilty, Guerriero avoided a trial and the possibility of a maximum 10-year prison term on a child endangerment conviction. Under the plea deal, prosecutors estimated he could spend as much as 18 months behind prison walls before becoming eligible for parole.
Guerriero's 72-year-old mother, Josephine Guerriero, also pleaded guilty yesterday to two counts of endangering the welfare of the two boys, and will be sentenced to five years' probation. Superior Court Judge Dennis Nieves, who ac cepted the guilty pleas, said he will sentence the Guerrieros on Jan. 26.
Middlesex County Assistant Prosecutor Nicholas Sewitch said he insisted on a prison term as a warning to others.
"A message must be sent that if you keep guns in your home, you must make sure these weapons are secured so this doesn't happen to another innocent child," Sewitch said.
While the guilty pleas place responsibility squarely on the shoulders of Guerriero and his mother, they were not asked to explain why there were so many loaded guns in their three-bedroom condominium at the Kingswood Station complex.
Neither defendant, nor their attorneys, would comment outside court.
Michael Guerriero told the judge the 98 guns and 1,611 rounds of ammunition seized from the home by police after the shooting had belonged to his father, who died in the early 1990s. Guerriero said he kept the collection and brought it with him to his mother's East Brunswick condominium about four years ago after he and his wife divorced.
Michael Guerriero's son, now 12, pleaded guilty Sept. 5 to a count of manslaughter. The boy, whose name is being withheld by The Star-Ledger, admitted he intentionally pulled the trigger of the gun, but was unaware it was loaded. The boy was sentenced to serve up to three years at a school for emotionally disturbed children.
The sentence was imposed dur ing a private juvenile court hearing Sept. 29. Attorneys said the boy has been adjusting to life at the Bonnie Brae Residential Treatment Center for Adolescent Boys in the Liberty Corner section of Bernards Township, Somerset County.
Alexander Khoudiakov and another unidentified 9-year-old boy were playing in the Guerriero bedroom when Guerriero's son retrieved the .38-caliber handgun from a closet, pointed it at Alexander from a distance of 6 to 12 inches, and pulled the trigger, authorities said.
The shot hit Khoudiakov in the face, killing him instantly, authorities said. The 9-year-old boy did not see the actual shooting and was not hurt, police said.
Guerriero's son immediately called police and ran from the condominium, saying he accidentally killed his friend.
Josephine Guerriero told the judge yesterday she had invited Khoudiakov to stay for dinner and was in the kitchen preparing the meal when the gun went off. Police said the father was at work.
Sewitch, the prosecuting attor ney, said he was surprised when police found so many loaded guns in the condominium, noting Guer riero "certainly should have known better," since he grew up in the home of a gun collector and learned about shooting weapons and gun safety at an early age.
Shortly after the shooting, Guerriero told police he never loaded any of the weapons, but Sewitch said police were suspicious of the claim since none of the bullets appeared tarnished, and none of the gun chambers was rusty.
The finding suggested guns and bullets had been handled at some point in recent years, Sewitch said.
In addition, Sewitch said investigators were stunned to find 21 pistols, five of them loaded, in the closet of the bedroom shared by Guerriero and his 11-year-old son. Included was the Smith & Wesson that killed Alexander, Sewitch said.
Guns and ammunition were found in every closet of the home, Sewitch said, adding the family also kept a handgun in a kitchen drawer.
Josephine Guerriero told the judge she did not know there were handguns in her home, although she acknowledged her husband's large collection of rifles. She said he had been a gun collector for many years.
Court records showed relatives were afraid to let their child play at the Guerriero home because of the large number of weapons kept in the household.
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