Arts & Entertainment

POLL: Should Judge Dismiss Charges Against Woodbridge Actor Arrested for Fake Gun During Movie Filming?

Should Middlesex County drop its illegal weapons charge against a Woodbridge actor who used a fake gun on a movie set?

<a href="http://polldaddy.com/poll/9360088/">Should Woodbridge Actor Face Jail Time for Having BB Gun?</a>

Woodbridge, NJ - It may seem hard to believe: An actor filming a small role in a low-budget movie in Woodbridge has been charged with unlawful possession of a weapon because he did not have a license for the pellet gun he used during filming.

And yet that's exactly what happened to Carlo Bellario last fall, when Woodbridge police arrested him on Ridgedale Avenue on Nov. 16, 2015.

Bellario, of Toms River, who admits he's a struggling actor and comedian, was initially very happy to land the role of a bodyguard in a “small independent film produced by a college student," he said.

Find out what's happening in Woodbridgefor free with the latest updates from Patch.

On Nov. 16, he drove to Woodbridge, where they were filming a car chase scene on a quiet suburban block. Following the director's request, Bellario acted like he was shooting the small black pellet gun at an oncoming car.

And that's when terrified Woodbridge residents nearby called 911, presumably thinking an actual gun fight was happening in their neighborhood.

Find out what's happening in Woodbridgefor free with the latest updates from Patch.

“As soon as we returned from shooting the scene, the set was surrounded by police cars,” Bellario said. “Apparently residents in the neighborhood phoned the police and told them there were two guys driving around waving a gun out of the window.”

Bellario said he and others tried to explain to police that it was a movie shoot, and that the gun was a prop. However, Woodbridge police found that neither the producer nor the director had a permit to film, nor did they have a permit for the pellet gun.

In New Jersey, all guns, even pellet or so-called "BB" guns, must have a permit.

Because he had been holding the gun, Bellario was the only one arrested that day.

Willing to take his chances with a jury

On Tuesday, Bellario rejected Middlesex County prosecutors' offer of a plea deal: Confess to illegal gun possession, and do three years in jail, which, in all likelihood, would be pushed down to six months for good behavior.

No, Bellario said through his attorney, Jef Henninger. He'd rather take his chances with a jury. But now the stakes are raised: Because Bellario already has six prior convictions in two states, including for theft, credit card theft, and burglary, he may face a longer sentence if a jury convicts him, up to ten years in prison. That's because he could fall under a strict New Jersey law that increases the jail time for those with criminal records who are caught with illegal guns.

Or, of course, a jury could find him not guilty.

What do you think should happen?

Photo: Like many air guns today, this BB or pellet gun uses CO2 cartridges to fire the pellets. (Wikimedia Commons) Second image: Carlo Bellario with his family in a GoFundMe page he set up to cover his legal bills. He said the legal fees have left him "financially distraught."

Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.