FORT LAUDERDALE (CBSMiami/AP) – A man who pleaded guilty to murder conspiracy charges in the death of Miami Subs founder Konstantinos “Gus” Boulis has taken the stand for the prosecution.

James “Pudgy” Fiorillo testified that he played a role in the murder of Boulis more than a decade ago. Anthony “Big Tony” Moscatiello and Anthony “Little Tony” Ferrari are accused of organizing the mob-style murder of Boulis in 2001.  Fiorillo said he got the nickname “Pudgy” in high school because he was 5’6” and 260 pounds and it just stuck. Fioriollo was Little Tony’s right hand man, his confidant.

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Moscatiello and Ferrari are accused ordering a hit man to kill Boulis during a struggle for control of the SunCruz Casinos gambling fleet.

Boulis was attempting to regain control over SunCruz after selling the fleet a few months earlier to New York businessman Adam Kidan and former Washington lobbyist Jack Abramoff. Both were later convicted of fraud in that $147.5 million transaction.

Moscatiello, reputedly tied to New York’s Gambino crime family, gave the orders that led to Boulis’ killing to ensure he’d continue receiving thousands of dollars as a SunCruz consultant.

In February 2001 Boulis was in his BMW on a Ft. Lauderdale street when a car pulled in front of him and stopped. When Boulis stopped, the hit man drove up alongside in a black Mustang and fired several shots from a handgun.

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Firoillo said he was involved in surveillance of Boulis and helped get rid of evidence, including the black Mustang and .380-caliber handgun used by the hit man.

“I remember him (Little Tony) then handing me the bag that had the gun in it and said just to get rid of it,” Fiorillo told the jury. “I was going over the bridge, which has water on the right, pulled over to the side and threw it as far and as deep as I could,” he said.

As for the hit man, authorities have identified him as John Gurino, an associate of Moscatiello’s, who was himself killed later in a dispute with a Boca Raton delicatessen owner.

At the opening of Monday’s proceedings, Broward Circuit Judge Ilona Holmes refused to delay the trial over defense claims that taped statements may have been improperly withheld.

State prosecutors pointed out that the tapes were mentioned on a slip of paper provided to the defense team in 2006.  Holmes ruled because they were mentioned in at least one court document supplied to the defense, there was no violation of discovery.

Moscatiello and Ferrari face the death penalty if convicted.

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Ted Scouten