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12-year-old sentenced in death of playmate

September 28, 2006

A 12-year-old boy East Brunswick was sentenced today to serve as much as three years in a home for emotionally disturbed children after he pleaded guilty to accidentally shooting and killing his playmate while showing off a loaded gun.

The youngster was sentenced during a closed hearing before Superior Court Judge Roger Daley in New Brunswick, who accepted a plea agreement calling for intensive counseling at the Bonnie Brae Residential Treatment Center for Adolescent Boys in Liberty Corner.

Middlesex County Assistant Prosecutor Nicholas Sewitch said the term was imposed after he and the boy's attorney, Lawrence Bitterman of New Brunswick, agreed incarceration was not the proper penalty for the child, who could benefit from enrollment in the counseling and rehabilitation program.

The child, who appeared in Middlesex County Family Court with his divorced parents, was sentenced after he pleaded guilty Sept. 5 to manslaughter. He admitted he pointed a .38-caliber handgun at his friend, 12-year-old Alexander Khoudiakov, and pulled the trigger, unaware the weapon was loaded.

Khoudiakov, who was visiting the boy's home, a townhouse at the Kingswood Station development in East Brunswick, was killed instantly on June 28 when he was shot in the head at close range, Sewitch said.

The boy's name is being withheld by The Star-Ledger because of his age.

A 9-year-old boy who also was in the bedroom of the townhouse where the shooting occurred was not injured, Sewitch said.

The child charged with the slaying has remained in custody since he was arrested, shorrtly after he called 911, telling police his friend was shot, authorities said.

Police subsequently charged the shooter's father, Michael Guerriero, 46, and grandmother, Josephine Guerriero, 72, with child endangerment, contending they failed to secure a cache of 98 weapons that were found in their townshouse.

The father and grandmother have pleaded not-guilty. No trial date has been set.

Contributed by Jim O'Neill

http://www.blogs.nj.com/default.asp?item=192102

 

 

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