gotsand said:
Baldwin is a script reader, not a professional operator to my knowledge.
Blame lies in the prop supplier who brought live ammo to a movie set and whomever was responsible for QA/QC over the prop supplier (if anyone).
Completely, easily, and 100% avoidable.
FAKE NEWS.gotsand said:
Baldwin is a script reader, not a professional operator to my knowledge.
Blame lies in the prop supplier who brought live ammo to a movie set and whomever was responsible for QA/QC over the prop supplier (if anyone).
Completely, easily, and 100% avoidable.
Which was...Alec Baldwin.HowdyTAMU said:gotsand said:
Baldwin is a script reader, not a professional operator to my knowledge.
Blame lies in the prop supplier who brought live ammo to a movie set and whomever was responsible for QA/QC over the prop supplier (if anyone).
Completely, easily, and 100% avoidable.
And producer…responsible for safety.
ChemEAg08 said:
He shouldn't be allowed to handle a gun, not because he accidentally shot 2 people killing 1, but because of his massive hypocrisy regarding calling for gun control.
Fake news again. Less than 1 percent of gun deaths are a result of accidents, total about 500 a year, and are disproportionately likely to involve adolescents.Pumpkinhead said:
Apparently there are a couple of thousand gun related accidents each year in the U.S. How often do people get criminally charged vs not? And if not, what is the typical criteria to avoid criminal prosecution and does it depend on which state the incident happened in?
Quote:
Don't forget, people don't kill people. Guns kill people. Hold the gun liable!!!!
The story seems to be that Baldwin wasn't intentionally aiming the weapon at anyone or intended to pull the trigger. He was practicing a 'cross draw' from a sitting position drawing the gun out of his holster with opposite hand and the gun went off. So I am curious what the legal criteria is in New Mexico for his criminal exposure. We'll see if he gets charged.Ellis Wyatt said:
I don't know, but Alec Baldwin intentionally pulled the trigger here. He made several wrong choices.
What you did there, I saw it...gig em 02 said:
People still fish for blue stars?
Ok. 500 then. I got the couple of thousand from a quick Google. Agree New Mexico would be relevant here, not Texas.nortex97 said:Fake news again. Less than 1 percent of gun deaths are a result of accidents, total about 500 a year, and are disproportionately likely to involve adolescents.Pumpkinhead said:
Apparently there are a couple of thousand gun related accidents each year in the U.S. How often do people get criminally charged vs not? And if not, what is the typical criteria to avoid criminal prosecution and does it depend on which state the incident happened in?
Feel free to look up charging decision criteria for manslaughter as a result of gross negligence, I don't want to bore the readers of this thread with mundane details as to Texas' standards, which aren't really relevant. Parents who leave unsecured weapons out/available which are used negligently by kids I think should always be charged/liable, but that is...not what we are talking about here.
Pumpkinhead said:The story seems to be that Baldwin wasn't intentionally aiming the weapon at anyone or intended to pull the trigger. He was practicing a 'cross draw' from a sitting position drawing the gun out of his holster with opposite hand and the gun went off. So I am curious what the legal criteria is in New Mexico for his criminal exposure. We'll see if he gets charged.Ellis Wyatt said:
I don't know, but Alec Baldwin intentionally pulled the trigger here. He made several wrong choices.
From the other thread:Pumpkinhead said:The story seems to be that Baldwin wasn't intentionally aiming the weapon at anyone or intended to pull the trigger. He was practicing a 'cross draw' from a sitting position drawing the gun out of his holster with opposite hand and the gun went off. So I am curious what the legal criteria is in New Mexico for his criminal exposure. We'll see if he gets charged.Ellis Wyatt said:
I don't know, but Alec Baldwin intentionally pulled the trigger here. He made several wrong choices.
Quote:
On the other hand, perhaps this shooting death is more accurately characterized as negligent, or perhaps even reckless and if reckless, then certainly as involuntary manslaughter, which New Mexico law defines (in the context of this case) as an unlawful killing committed "in the commission of a lawful act which might produce death … without due caution and circumspection."
Under New Mexico law involuntary manslaughter is a fourth-degree felony normally punishable by up to 18 months in prison and a $5,000 fine.
I agree with you. But, the exception is when your job description literally calls for concurrent violations of multiple basic rules of gun safety.nortex97 said:FAKE NEWS.gotsand said:
Baldwin is a script reader, not a professional operator to my knowledge.
Blame lies in the prop supplier who brought live ammo to a movie set and whomever was responsible for QA/QC over the prop supplier (if anyone).
Completely, easily, and 100% avoidable.
If you ever handle a gun, it is always your responsibility to follow the basics of gun safety. There are no exceptions.
That he also was the producer and was negligent in who was hired/on set safety practices (lack of safety briefings, failed to correct concerns AFTER other 'accidental discharges' among other things), is only additive to his direct culpability/liability for the homicide. The only issue really comes down to what others might share in terms of a civil contributory liability. The criminal one starts with him.
Google is fake news propaganda on anything tangentially related to politics. That was your first mistake. HTH.Pumpkinhead said:Ok. 500 then. I got the couple of thousand from a quick Google. Agree New Mexico would be relevant here, not Texas.nortex97 said:Fake news again. Less than 1 percent of gun deaths are a result of accidents, total about 500 a year, and are disproportionately likely to involve adolescents.Pumpkinhead said:
Apparently there are a couple of thousand gun related accidents each year in the U.S. How often do people get criminally charged vs not? And if not, what is the typical criteria to avoid criminal prosecution and does it depend on which state the incident happened in?
Feel free to look up charging decision criteria for manslaughter as a result of gross negligence, I don't want to bore the readers of this thread with mundane details as to Texas' standards, which aren't really relevant. Parents who leave unsecured weapons out/available which are used negligently by kids I think should always be charged/liable, but that is...not what we are talking about here.
Quote:
Julie Rendelman, a New York City criminal defense attorney and former prosecutor, said that New Mexico prosecutors are likely to examine two key statutes when determining whether to file charges against anyone involved in the incident. However, proving them beyond a reasonable doubt may be difficult.
The first, involuntary manslaughter, provides as follows in one subsection (emphasis added):However, New Mexico's powerful excusable homicide statute may provide some cover for anyone charged. The following subsection is most on point:Quote:
Manslaughter is the unlawful killing of a human being without malice.
. . .
B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.
Whoever commits involuntary manslaughter is guilty of a fourth degree felony.The statutes do not conflict: they together require individuals to act with a certain degree of care; acting without it can lead to charges. Any hypothetical criminal case surrounding the deadly incident would turn on the question of what specific acts constitute "caution" and "circumspection" (or "usual and ordinary caution") under New Mexico law.Quote:
Homicide is excusable in the following cases:
A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent.
Law&Crime Network's Bob Bianchi, former New Jersey prosecutor, said that manslaughter law generally requires a "conscious disregard" of a risk or risks and that's what separates criminal law from an accident.
"What caution and circumspection did Baldwin not follow?" Bianchi asked while thinking through the situation. "Accidents happen," he surmised while guessing that Baldwin was provided a gun by an expert, was probably told that it was safe, and fired it with the likely belief that nothing dangerous would happen.
Bianchi acknowledged that prosecutors are afforded significant leeway and discretion when deciding whether to file charges. He said that he would not have charged Baldwin had the incident occurred in his jurisdiction while he was a prosecutor at least on the known facts.
Now, we all probably expect Baldwin to pay some money (hopefully 7 figures) but escape criminal prosecution because he is a member of a protected class (rich famous leftists) but clearly, imho, he did not demonstrate any usual and ordinary caution, let alone circumspection. He also may contractually have been insured by the studio (or insurance agency) for civil liabilities as to his conduct on the set etc. Frankly, if I were the husband of the deceased, one of my demands would be in any settlement that he just shut up, on social media/interviews moving forward, about politics/guns.Quote:
Rendelman also keyed in on another New Mexico statute which involves the negligent use of a deadly weapon. One section of that law forbids "endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner." The offense, if proven beyond a reasonable doubt, is a "petty misdemeanor." The punishment is a period of incarceration "in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both . . . in the discretion of the judge."
Yes, it was live ammo. Cast was using it for fun to shoot at stuff between scenes.The Fife said:
I never followed the mega thread, and it's no excuse for poor gun safety but what was it loaded with? Actual ammo or some sort of blank?
Pumpkinhead said:The story seems to be that Baldwin wasn't intentionally aiming the weapon at anyone or intended to pull the trigger. He was practicing a 'cross draw' from a sitting position drawing the gun out of his holster with opposite hand and the gun went off.Ellis Wyatt said:
I don't know, but Alec Baldwin intentionally pulled the trigger here. He made several wrong choices.