Boy, family members charged in friend's death

Authorities: Youth

did not know gun

was loaded

BY BRIAN DONAHUE

Staff Writer

An 11-year-old East Brunswick boy accused of firing the gun that killed Alexander Khoudiakov, 12, was charged yesterday in the June 26 death.

Though the 11-year-old pointed the gun at his friend and pulled the trigger intentionally, he did so under the mistaken impression that the gun was unloaded, according to a statement released yesterday by the Middlesex County Prosecutor's Office.

The boy's father and grandmother, who live in the Cypress Lane home with the alleged shooter, were also brought up on charges including child endangerment yesterday. Authorities said they confiscated 98 firearms from their townhome, along with more than 1,600 rounds of ammunition.

The shooting occurred while the two boys were playing, along with another juvenile, in a bedroom of the home. The 11-year-old's grandmother, Josephine Guerriero, 72, was home at the time in another room, while his father, Michael Guerriero, 46, was at work in Bridgewater.

Previous reports indicated that the gunshot was fired accidentally during "horseplay" between the boys, and officials said this was the account provided by the alleged shooter. But crime-scene and forensic evidence, as well as autopsy findings showed otherwise, according to the Prosecutor's Office.

Officials said the 11-year-old held the .38-caliber Smith & Wesson revolver 6 to 12 inches from Alexander's face, and fired a single gunshot that went through the victim's eye and killed him instantly. Police arrived to find his body in the bedroom shared by the 11-year-old and his father.

Alexander, who also lived in the Kingswood Station condominiums with his mother and older brother, was to enter seventh grade this year at Hammarskjold Middle School.

His friend was charged yesterday with aggravated assault, aggravated manslaughter and hindering the investigation of Alexander's death. Since there was no evidence of intent to cause death, authorities did not consider a murder charge.

The charges will be heard in Family Court, and authorities said the boy faces a maximum punishment of four years in a youth detention facility, if found guilty.

"The charges result from a painstaking deliberative process that included review and analysis of statements, incident scene evidence, autopsy findings, forensic tests and background information, including the school records of the juvenile," according to the prosecutor's statement.

The alleged shooter's father and grandmother were both charged with endangering the welfare of children, possession of a large-capacity ammunition magazine, and failure to prevent a minor from gaining access to a loaded firearm. Michael and Josephine Guerriero were processed at East Brunswick police headquarters, and their charges will be reviewed by a Middlesex County grand jury in six weeks.

If convicted, each could face a maximum of 17 years in prison and $176,000 in fines.

Authorities said many of the firearms in the house were not secured from children, and a number of them were fully loaded. In the bedroom where the shooting occurred, investigators found 21 handguns, five of which were loaded, as well as four rifles. Another 29 rifles were discovered in Josephine Guerriero's bedroom, according to the Prosecutor's Office.

Many of the guns originally belonged to Michael Guerriero's father, and had been passed down to him and his mother at the time of the father's death in 1990.

New Jersey laws do not require firearms registration or licensing, but a person must obtain a permit before acquiring a gun. There is no statutory limit on the number of firearms that can be maintained in a home or business, and as long as the weapons remain within the premises, their possession is lawful, according to information provided by the prosecutor's office.

Firearms owners are required to keep the guns secure and out of the reach of children. Authorities allege that the Guerrieros failed to do so, resulting in the endangerment and weapons safety charges.

One rifle confiscated from the home had a 20-round magazine attached, which authorities said violates New Jersey's law on possession of ammunition magazines capable of holding more than 15 rounds.

The investigation that led to the charges was conducted by Lt. Brian Caffrey and Investigator Mark Clements of the Prosecutor's Office and by East Brunswick Police Detective Sean Goggins.