It was a terrible tragedy. My thoughts are with the boy's family.
On good old wikipedia (not the best legal resource, I know), involuntary manslaughter is described as:
Quote:
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wanton disregard for the known dangers of a particular situation.
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They gave an 8-year-old boy a Micro-Uzi. The instructor apparently did not keep his hands on the gun to control the recoil. The "instructor" was not a certified firearms instructor, but instead a 15-year-old boy. It sure seems to me that this may well rise to the level of "wanton disregard."
The Chief was running the event, so I think it makes sense for him to be charged. It isn't clear to me of the owners of the gun were present or if they just supplied the gun to the Chief. If they just supplied the gun to the Chief, then I don't think they should be charged.
In addition to the manslaughter charge, they are being charged with violating MA gun laws. The MA laws are rather murky when it comes to minors shooting guns. My attorney describes this portion of the law as being "unsettled." Minors shooting guns is addressed in three different, contradictory sections of the Massachusetts General Laws.
One law prohibits "furnishing" a minor a machine gun:
http://www.mass.gov/legis/laws/mgl/140-130.htm but doesn't define "furnishing."
Another section of the law appears to allow anyone to fire a handgun, rifle or shotgun while under instruction of a licensed individual. This section is silent on age and on machine guns:
http://www.mass.gov/legis/laws/mgl/140-129c.htm
A third section allows minors to participate in target practice, but is silent on the type of gun or guns allowed:
http://www.mass.gov/legis/laws/mgl/131-14.htm
The defendants get to be the test case.