Baldwin Charged Again With Manslaughter

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If it hadn't been Baldwin, would anyone beyond the immediate families of the people still care?

Kind of an unfair question.

The plain fact of the matter is that tragedies and crimes happen all the time, every minute of every day, and we only hear about a teeny-tiny fraction of a percentage point of them. By nature, they will be those involving such matters as celebrities, politicians, large events, events which involve children, and even cute animals. It's basic human nature, plus the fact that it's not possible to be informed of all such events at all times.
 
The significance of the SAG safety recommendation that no one ever point a firearm at another person is that it would strongly counter any attempt by the defense to claim that the apparently commonly held misconception that firearms are customarily pointed at people on movie sets is valid.
SAG is defending an actor?
😁 You can't have it both ways. Either he did something wrong, according to SAG, or he didn't do anything wrong, according to SAG.
There is nothing in the context, such as the fact that they were rehearsing a movie, or that he had been told that the gun was "cold", that would justifie his negligence.
SAG disagrees that it was negligence. By all accounts, being handed a gun as he was handed that one, and what he was told at the time would indicate that the prop was just an inert piece of metal. Not loaded with live rounds, not even loaded with blanks. Pointing an inert piece of metal at someone when you have been explicitly told that it is not dangerous to point it at anyone is not negligence. So, yes, there is absolutely something in the context that not only justifies what he did but also says it was not even negligence in the first place.
...many here are putting the blame on everyone else but the one person that pointed the gun at another human being and pulled the trigger.
Because there is one person on the set who has the responsibility for making sure that this kind of thing doesn't happen. It's what they are paid for. It's in their job description.
She and the person behind her were not actors, so even it it was a rehearsal, there was no reason to to point the gun at them and pull the trigger.
You've never seen a scene in a movie where the gun is pointed at the camera? Come on...
....but those are all fictional kills. I have yet to hear of him killing any real folks during the production process.
Of course they are fictional. Because the armorer/propmaster made sure that it was safe to carry out the actions, as he was responsible to do. When they don't do their job, you don't charge the actor for the armorer/propmaster's screwup, any more than you would charge the actor with assault for pointing a gun at someone (as in the pictured scene and many others that we have all seen), or for battery for slapping someone if the scene calls for it, or for sexual assault if the scene calls for fondling them, or for any of the many other things they do in the course of making a movie that would otherwise be against the law.
...even tho Baldwin was well aware of her inexperience and ineptness.
Now this is where Baldwin is probably going to get nailed--but that's a different offense.
 
Please be nice. People are allowed to have opinions you don't agree with.
I do appreciate and fully agree with your sentiment. In the time I've been around here, I've NEVER made it personal. It only becomes such when accusations are pointed in my direction first.
Kind of an unfair question.

The plain fact of the matter is that tragedies and crimes happen all the time, every minute of every day, and we only hear about a teeny-tiny fraction of a percentage point of them. By nature, they will be those involving such matters as celebrities, politicians, large events, events which involve children, and even cute animals. It's basic human nature, plus the fact that it's not possible to be informed of all such events at all times.
I agree with this assessment as well, but the point of my question is whether the standard is the same from both directions. Those of us who can't stand Alec Baldwin wanna see him taken down a few notches. Those who support him wanna blame it on everything but him. Countless people have died and many more injured from being shot by "empty" guns and ND's. Out of sight, out of mind I guess? Whatever the standard is is what the standard should be, regardless of our personal feelings toward the culprit.

Mr @bdickens . I do apologize for not being polite in response to your post. I've never at any point in time supported or taken up for Alec Baldwin. I'm thrilled to see him actually have to answer for his actions. The cynic in me believes his money and political leanings will insulate him from feeling the full weight of our justice system.
 
Baldwin is his own worst enemy.

No matter that the judge may charge the jury that prior acts are not to be considered, I think they will have a very hard time forgetting all of the well publicized incidents that showcased his arrogance, aggressiveness, and pugnacious manner.

If any cast or crew testify that he pushed or browbeat the armorer to gloss over any safety factors, he may have a problem.

The armorer’s trial is before his, very possible some vital testimony concerning his actions may be revealed.
 
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Does anyone think the anti-gun stance of the NM governor will have any bearing on this case such as influencing the prosecutor's vigor in this case and seeking the maximum penalty if found guilty?
 
Does anyone think the anti-gun stance of the NM governor will have any bearing on this case such as influencing the prosecutor's vigor in this case and seeking the maximum penalty if found guilty?
The outcome of this case will largely depend on the jury makeup. Both sides in a criminal case dwell at LENGTH on jury selection, as that’s when the trial really begins. Not in opening statements. This one is higher profile given who the defendant is. Let’s hope he gets some good advice, some local advice, and hires a top tier defense team and experts.

I’ll be watching this almost as closely as the Idaho murders case.
 
You can't have it both ways. Either he did something wrong, according to SAG, or he didn't do anything wrong, according to SAG.
He very obviously did something that violates one very key SAG safety recommendation, regardless of their having chosen to defend their member
Because there is one person on the set who has the responsibility for making sure that this kind of thing doesn't happen. It's what they are paid for. It's in their job description.
There are more than one, but the person with primary culpability is the one who fired the shot--by law.
.
You've never seen a scene in a movie where the gun is pointed at the camera? Come on...
I may have, but the SAG-recommended practice is to not point a gun directly at anyone, or to use an inoperative item. The same thing applies in law.
When they don't do their job, you don't charge the actor for the armorer/propmaster's screwup,
Why do you believe that?
...any more than you would charge the actor with assault for pointing a gun at someone (as in the pictured scene and many others that we have all seen), or for battery for slapping someone if the scene calls for it, or for sexual assault if the scene calls for fondling them, or for any of the many other things they do in the course of making a movie that would otherwise be against the law.
Those things do not begin to meet the definition of the crimes.

Here is a 45-minute deep dive into how New Mexico law applies in this case.

https://www.youtube.com/watch?v=MILXfooJESE&ab_channel=LawofSelfDefense
 
You can't have it both ways. Either he did something wrong, according to SAG, or he didn't do anything wrong, according to SAG.
He did something that violates one very key SAG safety recommendation, regardless of their chaving vhsen to defend their member
Because there is one person on the set who has the responsibility for making sure that this kind of thing doesn't happen. It's what they are paid for. It's in their job description.
There are mor than one, but the peraon with primary culpability is the one who fired the shot--by law.
.
You've never seen a scene in a movie where the gun is pointed at the camera? Come on...
I may have[, but the SAG-recommended practice is to not pont qa gun directly at anyone, or to use an inoperative item. The same thing applies in law.
QUOTE="JohnKSa, post: 12813504, member: 2321"]
When they don't do their job, you don't charge the actor for the armorer/propmaster's screwup,
[/QUOTE]
Why do you believe that?[ QUOTE="JohnKSa, post: 12813504, member: 2321"]
...any more than you would charge the actor with assault for pointing a gun at someone (as in the pictured scene and many others that we have all seen), or for battery for slapping someone if the scene calls for it, or for sexual assault if the scene calls for fondling them, or for any of the many other things they do in the course of making a movie that would otherwise be against the law.
[/QUOTE]
Those things do not begin to meet the definition of the crimes.

Here is a 45-minute deep dive into how New Mexico law applies in this case.
 
I agree with this assessment as well, but the point of my question is whether the standard is the same from both directions. Those of us who can't stand Alec Baldwin wanna see him taken down a few notches. Those who support him wanna blame it on everything but him. Countless people have died and many more injured from being shot by "empty" guns and ND's. Out of sight, out of mind I guess? Whatever the standard is is what the standard should be, regardless of our personal feelings toward the culprit.

I get this. And you're right...much is indeed "out of sight, out of mind".

Human nature applies here as well, especially given that the vast majority of us live lives which do not revolve around working/investigating such matters from a larger viewpoint. We see only snippets.

We quite often look at higher profile trials and trial results (and then mostly from a media report viewpoint and not from actual court proceedings/transcripts) and form opinions there, possibly based on a small handful of others that we've seen/heard/read about.

The plain fact of the matter is that most court proceedings involve plea deals, reductions in charges, minimal sentencing, "creative" sentencing which gives a person a choice between some different type of sentence (over jail time, for example), and so forth. But because most of us aren't actively involved in such legal processes, a huge portion of the population simply doesn't realize how much a part of the system it is across the board.

When we see this with celebrities of some sort, we tend to think they "escaped" consequences because of their celebrity status and/or wealth.

While that doubtlessly is true in some cases, I don't believe it is in all cases. I suppose a statistical study might show something one way or the other, but even so we'd have to carefully analyze the study itself for any inherent bias.


And then there's the matter of the sentence itself. One the one hand, we can say that a person's status (celebrity, wealth, power, etc.) may result in a lighter sentence than for another and that this is unfair. And yet, on the other hand we can also say that people getting the SAME sentence across the board is also unfair for many of the same reasons. For example, Alex Baldwin being convicted and receiving a maximum sentence of 18 months in prison and a $5,000 fine has nowhere near the impact that the same sentence would have on someone like you or I.


And this is only scratching the surface of this topic.


There's more to the legal concept of legal justice than simply "the standard is the same from both directions".
 
Does anyone think the anti-gun stance of the NM governor will have any bearing on this case such as influencing the prosecutor's vigor in this case and seeking the maximum penalty if found guilty?

No, she wants the movie and TV industry to remain here. She will be busting a gut trying to get the legislature to pass her laws though in this year's 30 day session. Baldwin's trial will likely occur well after the session is over if it ever even comes to trial. NM is a foot dragging, not do much to criminals, state.
 
Baldwin is his own worst enemy.

No matter that the judge may charge the jury that prior acts are not to be considered, I think they will have a very hard time forgetting all of the well publicized incidents that showcased his arrogance, aggressiveness, and pugnacious manner.

If any cast or crew testify that he pushed or browbeat the armorer to gloss over any safety factors, he may have a problem.

The armorer’s trial is before his, very possible some vital testimony concerning his actions may be revealed.
I'm more interested with what happens in Hannah's trial. I don't want to see her put away forever, but this is a serious job and seems pretty clear she was neglectful and allowed risk to enter into her world without much thought or care. I am not protecting Baldwin but hollywood has had a system and actors are treated as morons that need handlers and the armorer is the expert on staff.
 
He did something that violates one very key SAG safety recommendation, regardless of their chaving vhsen to defend their member
This is just a non-starter. You can't use SAG guidelines (which are not law) to try to claim he should be prosecuted when SAG says he shouldn't be.
There are mor than one, but the peraon with primary culpability is the one who fired the shot--by law.
They will have to prove negligence and since what he did is regularly done on movie sets (under the control of professionals who are supposed to insure safety) I just don't see it going anywhere. It's like trying to prosecute racecar drivers for speeding, trying to prosecute boxers for battery, actors for actions that would be criminal outside the context of a movie set.
Those things do not begin to meet the definition of the crimes.
Of course they do. Go point a gun at someone in front of a police officer and see what happens. But in the context of a movie set, it's not an offense or you would see all kinds of prosecutions any time an action movie comes out.
Here is a 45-minute deep dive into how New Mexico law applies in this case.
That's a 61+ minute deep dive. 😁 A lot of talk to cover a very simple subject, but it all comes down to proving negligence. If the prosecutor can make the jury believe that Baldwin was responsible for doing/redoing the propmaster/armorer's job himself and that to not do so was negligent, then he will be convicted. If the jury believes that the armorer/propmaster's job is a real job, an important job and that the propmaster/armorer, not the actors, is responsible for ensuring firearm safety on the set, then he won't be.
 
This is just a non-starter. You can't use SAG guidelines (which are not law) to try to claim he should be prosecuted when SAG says he shouldn't be.

Well...to be fair, we can't use "The Four Rules" to say someone should be prosecuted, either. And we don't. We use the actual written laws themselves to determine whether or not a person should be prosecuted. And this is how it's working with Alec Baldwin. Alec (and Hannah) aren't being tried for violating SAG guidelines, they're being tried because there was a homicide involved.

However, we CAN use what people are TRAINED and REQUIRED to follow to establish whether a person acted in accordance with established safety guidelines which are put in place to prevent tragedies such as this. This would be part of how prosecution would prove negligence.

It would be interesting to know the full extent of how these safety precautions are incorporated in the film industry. I get the impression that this isn't really an "option", which means there may even be contractual obligations. Anybody here knows any links on this, I'd be interested in browsing through them.
 
This is just a non-starter. You can't use SAG guidelines (which are not law) to try to claim he should be prosecuted when SAG says he shouldn't be.
Very true indeed. I am simply highlighting one inconsistency in their position. What they say regarding guilt here is irrelevant.
They will have to prove negligence and since what he did is regularly done on movie sets (under the control of professionals who are supposed to insure safety) I just don't see it going anywhere
Why do you think what he did is done regularly on movie sets? Do you beleive that the sAG Safery Recommendations are routinely ignored?
it all comes down to proving negligence. If the prosecutor can make the jury believe that Baldwin was responsible for doing/redoing the propmaster/armorer's job himself and that to not do so was negligent, then he will be convicted.
It could happen that way, but proper jury instructions and competent prosecution should mitigate the risk of such an error.

Baldwin is not cherged with failure to do anything with the gun, but with acting in a manner that caused a death.
If the jury believes that the armorer/propmaster's job is a real job, an important job and that the propmaster/armorer, not the actors, is responsible for ensuring firearm safety on the set, then he won't be.
Think about it. No one other than Baldwin himself could hav prevented the tragedy. The firearm was thandled by others before the shooying, and it had been left unattented. There may be others whose failures to act contributed to the death, but realistically, no one Baldwin could have ensureed that the shooing of an indiviual could not

Should a detective be handed a handgun in a police station , point it at someone, and kill them, that he had been told that it was not loaded would not suffice as his defense, nor would the list of duties of the police armorer.
 
Baldwin pointed a firearm, which he surely knew to be inherently dangerous, at another person; it fired, taking a life.

Has he even admitted to that? After all he didn't pull the trigger (you even wrote "it fired" vs "he fired it), maybe he was pointing it in a safe direction but the bullet just didnt go that way...

No wonder they think we are stupid, it's a necessity in order to believe the things they say. That is not a slight on you or anyone else, just showing how the narrative changes as the stories are told, using certain words.

FWIW I don't think he killed her on purpose, it was his negligence (trust in others) that allowed it to occur. Both as the guy that pulled the trigger as well as the guy that was "running the show" that set in motion the events that allowed a hot gun on a cold set.

It's the "trust but verify" mentality that gives us the triple redundant method used in many gun games to ensure a firearm is unloaded. The shooter unloads and ensures its empty, then they show the RO the empty chamber, then aims at the berm and drops the hammer. Now, I would like to say I'd never seen one fire after the owner and an RO thought it was clear but that would be a lie. Only the shooter gets DQ'ed, I always thought the RO should be too, obviously not effectively doing the tasks they should be.
 
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Has he even admitted to that? After all he didn't pull the trigger (you even wrote "it fired" vs "he fired it), maybe he was pointing it in a safe direction but the bullet just didnt go that way...

No wonder they think we are stupid, it's a necessity in order to believe the things they say. That is not a slight on you or anyone else, just showing how the narrative changes as the stories are told, using certain words.

FWIW I don't think he killed her on purpose, it was his negligence (trust in others) that allowed it to occur. Both as the guy that pulled the trigger as well as the guy that was "running the show" that set in motion the events that allowed a hot gun on a cold set.

It's the "trust but verify" mentality that gives us the triple redundant method used in many gun games to ensure a firearm is unloaded. The shooter unloads and ensures its empty, then they show the RO the empty chamber, then aims at the berm and drops the hammer. Now, I would like to say I'd never seen one fire after the owner and an RO thought it was clear but that would be a lie. Only the shooter gets DQ'ed, I always thought the RO should be too, obviously not effectively doing the tasks they should be.

We aren't privy, nor are we likely to be privy, to a significant chunk of what Alex Baldwin has said to people on the subject outside of what he's actually said in public. Or whatever his attorney may have said in his place.

Police interviews won't be released either, at least in their totality. I say this knowing there is a police interview video out there. Beats me why it was released, as this doing so for an investigation in progress doesn't seem quite "kosher" to me. Seems to me that this has the potential to bias legal matters, something that's typically to be avoided. Perhaps one of the attorney's here could speak to how/why this happens.

And even if he SAID he did or didn't do a particular thing doesn't mean that was the reality of the situation. He could be lying, or he could simply have not realized he did or didn't do something. People do a lot of things without realizing they've done so, a very legitimate quirk of human behavior.


Personally, I've no doubt that Alec (and Hannah) did not intend for things to purposefully turn out the way they did with the death of Halyna. But that does not change the fact that a homicide DID take place which falls under the domain of "involuntary manslaughter".
 
Like most of the elitist Hollywood scum he has been anti-2A and all too happy to take away our right to keep and bear arms in the past. If guns are so bad Alec why did you play with them hmm...?

I would be quite happy to see them throw the book at him and give him the maximum sentence.

However as crooked as New Mexico is I am not banking on it. Its unfortunate they were not filming this in Wyoming or Texas.
 
Why did he play with them? Oh, THAT'S easy!

Cue up the Pink Floyd, baby!

;););)

Money
Get back
I'm alright, Jack, keep your hands off of my stack
Money
It's a hit
Don't give me that do goody good bullsh*t
I'm in the high-fidelity first-class traveling section
And I think I need a Lear jet
 
Why do you think what he did is done regularly on movie sets? Do you beleive that the sAG Safery Recommendations are routinely ignored?
Interesting questions coming from someone who is essentially claiming to be an authority on the topic. Here's the first result from searching "are gun safety rules followed on movie sets".

"The responsibility for the use of guns and other weapons lies with each production's property master or armoury expert.
They secure the weapons when they are not being used and instruct actors on their proper and safe use. "
"There is no definitive set of regulations on the use of firearms across the film industry."
"According to the AP news agency, the US federal workplace safety agency doesn't regulate gun safety on set, and many states leave it to the industry to create and follow its own rules."
"Gary Harper - who has worked as an armourer on films such as The Last Samurai and Batman v Superman: Dawn of Justice - told The Hollywood Reporter that direct-to-camera, close-up shots are frequently requested and can be performed safely."
"However (actor and director Craig Zobel) later conceded that live rounds "do have a role on set", but they made him nervous.
In an interview with Variety, property master Dutch Merrick said fake guns were not as convincing, but safe environments were key."
"You give him a real gun that really fires, and it's dangerous out the front and shells go out the side and it gives him recoil, and it puts him in the environment and now you've got the realism that is the magic that is Hollywood.
"It is entirely safe, but it's putting him in the environment, where it's as real as possible. And it's my job (said property master Dutch Merrick) to make sure nobody gets hurt."
"The reason (we use real guns with blanks) is simple: We want the scene to look as real as possible. We want the story and characters to be believable."
He added this could only be achieved safely by hiring experienced firearms experts."
Baldwin is not cherged with failure to do anything with the gun, but with acting in a manner that caused a death.
No, very specifically, he is charged with NEGLIGENCE leading to a death. The death is not in question. The fact that he was holding the gun is not in question. The question is, very specifically, whether or not what he did was negligent. If he is not found to be negligent, then he will not be convicted even though everyone knows he was holding the gun at the time of the death.
Think about it. No one other than Baldwin himself could hav prevented the tragedy.
That is an extremely and very obviously false statement. If the propmaster/armorer had done their job, ensuring no live ammo was on set when it was not required, that no live ammo was in the gun when it was not required, that an actor was not handed a loaded gun and told it was safe to treat it as an inert piece of metal (at least 3 different ways they could have prevented it), then this would not have occurred. I'm not saying that Baldwin could not have prevented the tragedy--he could have by following the gun safety rules on set--but it's obviously not true that "no one other than Baldwin" could have prevented it.

The question that will be put to the jury is as I said. Was Baldwin negligent for failing to do/redo/check the propmaster/armorer's job himself or was it the propmaster/armorer's job, not the actors, to be responsible for ensuring firearm safety on the set?
 
he is charged with NEGLIGENCE leading to a death.
The NM law as written for Manslaughter:
> commission of a lawful act which might produce death
>...without due caution and circumspection.


I predict that -- if it ever gets to a jury -- those last four words will be the deciding factor.
And the jury will look to the individual himself, not "shoulda been" for the verdict.
 
The NM law as written for Manslaughter:
> commission of a lawful act which might produce death
>...without due caution and circumspection.


I predict that -- if it ever gets to a jury -- those last four words will be the deciding factor.
And the jury will look to the individual himself, not "shoulda been" for the verdict.

Yep, and that's not exactly a high bar to reach. That's why manslaughter charges can be something a jury can agree upon in many contentious cases.

Now, if one of the 2 charges I read about can be reduced to a misdemeanor by the court, then that would make it even easier to find consensus among jurors in such a high profile case, and might even allow a guilty verdict with Probation being the sentence?
 
Personally, I've no doubt that Alec (and Hannah) did not intend for things to purposefully turn out the way they did with the death of Halyna.
Actually, we don’t know what their relationships were with the director.

The possibility that the shooting was premeditated should have been part of the police investigation.
 
Actually, we don’t know what their relationships were with the director.

The possibility that the shooting was premeditated should have been part of the police investigation.

While you're absolutely correct, I choose to go with a simple, professional assumption that the people involved in all this are simply there doing their jobs. We can always spice things up soap opera style, but I'll leave that to come out in the wash after the investigation/trial stuff takes place.
 
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