Jonathan Turley: Alec Baldwin shooting – what are the criminal and civil liabilities?

[mystery-ak]

Jonathan Turley: Alec Baldwin shooting – what are the criminal and civil liabilities?
Fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster legal action

By Jonathan Turley | Fox News

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster legal action. Within 24 hours of actor Alec Baldwin fatally shooting cinematographer Halyna Hutchins and wounding the director, witnesses have raised serious questions of negligent and unsafe practice on the site for the low-budget film, "Rust." That has led to question of both criminal and civil liability for Baldwin and others involved in the tragic shooting.

CRIMINAL LIABILITY

The question raised most often in the aftermath of the shooting is whether Baldwin could be charged criminally. The answer, in one word, is "yes." However, much depends on the still unfolding facts around this fatal mishap with the prop gun.

There is no indication that Baldwin knew that that prop gun was "live" or that he personally loaded the gun. To the contrary, recent reports indicate that he was handed the gun by an assistant director who reportedly declared "cold gun," or a gun with no live ammunition. That is notable since an earlier recorded message of a crew member complained that the incident was the fault of an assistant director, who was supposed to check the gun.



If true, Baldwin had little reason as an actor to suspect anything was wrong with the prop. The problem is that Baldwin was not simply an actor. He was also one of the producers on a site that had reportedly experienced prior discharges and complaints about site safety.

New Mexico has a provision that allows "involuntary manslaughter" charges for "the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection." If there was a pattern of neglect, including prior discharges from these prop weapons, the producers could be charged with involuntary manslaughter. Such a charge is a fourth-degree felony in New Mexico, with a penalty of 18 months jail time and up to $5,000 in fines.

more
https://www.foxnews.com/opinion/alec-baldwin-shooting-civil-criminal-liabilities-jonathan-turley

 

[Elderberry]

No matter who handled a firearm before you. No matter what you were told as to the firearm's state, loaded or not. Once you take possession of a firearm, it is YOUR responsibility.


"Safety is something that happens between your ears, not something you hold in your hands."Jeff Cooper

[Elderberry]

Another posted article: https://www.gopbriefingroom.com/index.php/topic,451782.msg2518617.html#msg2518617

https://www.justia.com/criminal/offenses/homicide/involuntary-manslaughter/

Involuntary Manslaughter

Involuntary manslaughter is defined as an unintentional killing that results either from criminal negligence or the commission of a low-level criminal act such as a misdemeanor. Involuntary manslaughter is distinguished from other forms of homicide because it does not require deliberation or premeditation, or intent. Because neither of these mental states is required, involuntary manslaughter is the lowest level category of homicide.

Criminal Negligence

 The first type of involuntary manslaughter occurs when a defendant negligently commits an act that results in the death of another. The level of negligence required for involuntary manslaughter is higher than normal civil negligence and requires that the defendant have acted in a very unreasonable manner. The exact language used to describe this negligence standard varies by state, but many refer to it as “criminal negligence” or “gross negligence.” State laws also vary as to whether the defendant must have been aware that his conduct was grossly negligent. In some states, the defendant must have known that his conduct was a threat to others, while other states consider whether the actions were objectively negligent, without regard for the defendant’s own perceptions.

It is important to understand that criminal negligence does not require that the defendant have committed an unlawful act. Rather, it criminalizes both lawful and unlawful acts that are committed negligently. For instance, although driving a vehicle is legal, driving that vehicle in a reckless manner may constitute criminal negligence and, if death results, lead to a charge of involuntary manslaughter.

Criminal negligence can also result from a failure to perform an act that the defendant has a duty to perform. Where a parent has a duty to take care of and protect a child, but the child dies when she is left in the car on a hot day, the parent may be culpable for involuntary manslaughter. Another example would be a tour operator who fails to advise his passengers of the proper safety protocols, resulting in the death of a passenger. This tour operator has failed to perform his duty, resulting in criminal negligence.

[Elderberry]

Legal Analysis: Does Alec Baldwin Have Criminal Exposure After Shooting Woman Dead In Apparent Mistake?

Legal Insurrection by Andrew Branca 10/22/2021

https://legalinsurrection.com/2021/10/legal-analysis-does-alec-baldwin-have-criminal-exposure-after-shooting-woman-dead-in-apparent-mistake/

Innocent Accident, or Involuntary Manslaughter?

Hey folks, I’m Attorney Andrew Branca, for Law of Self Defense.

Today I’d like to share with you a tragic story out of New Mexico involving the actor Alec Baldwin (perhaps best known for his small but powerful role in the 1992 movie “Glengarry  Glenn Ross”—“coffee is for closers!”—and his long-standing role as boss Jack Donaghy on the television program “30 Rock.”)
The Tragic Event

I’ll briefly quote from a New York Times story on the event:

    Alec Baldwin discharged a prop firearm on the set of a Western he was making in New Mexico on Thursday, killing the film’s director of photography and wounding the movie’s director, the authorities said.

    The cinematographer, Halyna Hutchins, 42, was killed, and the director, Joel Souza, 48, was injured … . The circumstances of the shooting are under investigation.

It’s separately reported that Alec Baldwin was also a co-producer of the movie.

Was This An Accident? Negligence? Recklessness/Involuntary Manslaughter?

I’ve received a veritable tsunami of inquiries as to my take on this tragedy, in the context of the fatal force involved—Alec Baldwin’s firing of the gun in his hand, with fatal results—presumably without any actual intent to kill the victim, Ms. Hutchins.

Could this shooting death be characterized as an accident?  In fact, there is a legal defense of accident, much like there is a legal defense of self-defense for cases of intentional shootings, and both are “perfect” defenses—meaning, if accepted by legal process, the legal defense of accident frees the person of all legal liability (both criminal and civil).

So, perhaps this was an innocent accident, in the legal sense, and Alec Baldwin ought to bear no legal responsibility, either criminally or civilly, for the death of Ms. Hutchins.

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.

The most common form of involuntary manslaughter committed generally is drunk driving resulting in a fatality, but of course a firearm being handled lawfully but “without due caution and circumspection” that results in a death fits the statutory definition equally well.

So, in the shooting death of Ms. Hutchins by Alec Baldwin, are we looking at an accident, free of legal liability, or an act of negligence carrying civil liability, or a criminally reckless killing (an involuntary manslaughter) good for a felony prison sentence?  What factors do we consider in distinguishing between accident and negligence and reckless killing?

To be clear, our goal here is not necessarily to arrive at a definitive legal answer—I’m not sure we really know enough facts with enough certainty to do that.

[sneakypete]

No matter who handled a firearm before you. No matter what you were told as to the firearm's state, loaded or not. Once you take possession of a firearm, it is YOUR responsibility.


"Safety is something that happens between your ears, not something you hold in your hands."Jeff Cooper

@Elderberry

And THERE it is,boys and girls,THERE it is!

I have been hearing that since I was maybe 8 years old and given my first gun,along with a lecture on responsibility.

I honestly don't even think it is possible for me to pick up a gun or be handed a gun without checking to see if it has a round in the chamber or is loaded with live ammo,and this is REGARDLESS of who hands it to me.

Not doing so would literally be the eqivalent of my going off to a shopping center withouth putting my clothes on.

It's just not something I can forget as long as I even have a remenat remaining of my mind.

[sneakypete]

Legal Analysis: Does Alec Baldwin Have Criminal Exposure After Shooting Woman Dead In Apparent Mistake?

Legal Insurrection by Andrew Branca 10/22/2021

https://legalinsurrection.com/2021/10/legal-analysis-does-alec-baldwin-have-criminal-exposure-after-shooting-woman-dead-in-apparent-mistake/

@Elderberry

YES,he IS liable because he PURPOSELY pointed a weapon at an innocent person and pulled the trigger.

It doesn't make a damn bit of difference if he loaded the gun or not,or if the gun was SUPPOSED to have been loaded with blanks. The person firing the weapon is the person CONSCIOUSLY TAKING AIM AT ANOTHER HUMAN BEING WITH A FIREARM AND PULLING THE TRIGGER.

Blank gun or live weapon,it makes no difference. You do NOT point a firearm at another person and pull the trigger unless you either mean to kill them,or just don't give a damn if they live or die.

After all,YOU are the one aiming the gun regardless of who loaded it or if it was SUPPOSED to have been loaded with blanks. How difficult would it have been to shift your aim off by a foot or more in the interest of safety? YOU were the one that made the decision to take purposeful aim and pull the trigger,and you need to wear that responsibility and pay the price.

I am as pro-2nd Amendment as anyone you are ever likely to meet,but I have ZERO tolerance for fools with firearms.

You see me holding a M-3 45 caliber sub-machine gun in my avatar,and you can bet your ass it is loaded.

The thing is the bolt IS down on an empty chamber,and I am NOT even pointing it in the general direction of anyone,never mind taking aim.

ANYTIME that ANYONE hands you a firearm,anything that happens after that is on YOU,not them. It is YOUR responsibility to insure no one is harmed unintentionally.

[Kamaji]

No matter who handled a firearm before you. No matter what you were told as to the firearm's state, loaded or not. Once you take possession of a firearm, it is YOUR responsibility.


"Safety is something that happens between your ears, not something you hold in your hands."Jeff Cooper

Exactly.  Ensuring the safety of a firearm one is holding is a nondelegable duty.

[Elderberry]

Legal Analysis: Alec Baldwin Situation Beginning to Look a Lot Like Manslaughter

Legal Insurrection  by Andrew Branca Monday, October 25, 2021

https://legalinsurrection.com/2021/10/legal-analysis-alec-baldwin-situation-beginning-to-look-a-lot-like-manslaughter/

The more we learn about the facts of this case, within the context of New Mexico criminal law, the more this shooting looks increasingly like a crime—specifically, felony involuntary manslaughter.

Welcome to today’s Law of Self Defense content! I am, of course, Attorney Andrew Branca, for Law of Self Defense LLC.

Today I’d like to share with some updated legal analysis of the Alec Baldwin on-set shooting of Halyna Hutchins, a 42-year-old mother and the director of cinematography for Baldwin’s in-production Western movie “Rust.” Ms. Hutchins, tragically, died as a result.  (Also injured by the shot was director Joel Souza, who survived.)

Spoiler:  The more we learn about the facts of this case, within the context of New Mexico criminal law, the more this shooting looks increasingly like a crime—specifically, felony involuntary manslaughter.  So, today let’s explore that possibility in further detail.

Last Friday we shared some analysis immediately after this tragic event just the day prior, and during which there remained considerable uncertainty and speculation regarding relevant facts surrounding what happened.  Given the “fog of war” circumstances on Friday, rather than advance towards a “right answer” as to the likely legal consequences of the shooting, we instead framed our analysis in terms of at least asking the “right questions.”

Accordingly, we explored last Friday whether this tragic shooting might best be characterized as an accident, in the technical legal sense, or mere negligence giving rise to only civil liability, or perhaps recklessness giving rise to criminal culpability—specifically, involuntary manslaughter.

Since last Friday, however, it appears that certain facts have been established that have moved us hard towards the right side of that continuum and towards a conclusion that this tragic event looks increasingly like felony involuntary manslaughter.

Relevant Facts Assumed to Be Established

The relevant facts we’re presuming to be established for purposes of this analysis include:

•   That it was Alec Baldwin who was manipulating the gun that fired the projectile that killed Ms. Hutchins.

•   That the gun discharged because the trigger was depressed by Baldwin (and not because of some defect in the weapon).

•   That the muzzle of the weapon was directed towards Ms. Hutchins by Baldwin when it was fired (e.g., she was not killed by an unpredictable ricochet).

•   That the gun contained a live round, the bullet of which struck and killed Ms. Hutchins.

•   That Baldwin had the opportunity to inspect the weapon for live ammo before he directed it at Ms. Hutchins and pressed the trigger, killing her.

•   And, of course, that there was no justification for the shooting of Ms. Hutchins (e.g., this was not an act of lawful self-defense—which it clearly was not).

Separately, we are assuming for purposes of today’s analysis that Baldwin did not intend to injure Ms. Hutchins. If such intent to harm were established, we’d obviously be looking at a much more serious criminal charge than mere involuntary manslaughter.

Assuming, as we are, these facts to be established, it would certainly appear that they are more than sufficient to justify a criminal charge of involuntary manslaughter under New Mexico law and to support a conviction beyond a reasonable doubt on that charge.

New Mexico Involuntary Manslaughter Statute: § 30-2-3. Manslaughter.

The relevant New Mexico statute on involuntary manslaughter is § 30-2-3.  Manslaughter, which addresses both voluntary and involuntary manslaughter.  Our focus here, of course, is on involuntary manslaughter.

In the context of involuntary manslaughter, § 30-2-3 reads in relevant part:

Manslaughter is the unlawful killing of a human being without malice. … B. Involuntary manslaughter consists of manslaughter committed in the … commission of a lawful act that might produce death … without due caution and circumspection.

Ms. Hutchins is obviously killed.  We have stipulated that the killing of Ms. Hutchins was not justified (e.g., it was “unlawful”) and without malice (without intent to cause harm), so that meets the conditions of the first sentence of the manslaughter statute, and satisfies the definition of manslaughter under New Mexico law.

The possibility of voluntary manslaughter appears to be off the table here, given the lack of evidence of a “sudden quarrel” or “heat of passion”  required for that crime by § 30-2-3.  So that leaves us to consider the possibility of involuntary manslaughter.

The key, then, is to determine whether Baldwin’s pointing of the gun at Ms. Hutchins and pressing the trigger without first ensuring that the gun did not contain live ammo, was the commission of a lawful act which might produce death and that was done “without due caution and circumspection.”

Inherently Dangerous Instruments: Yep, Including Guns

That means we have to understand what “due caution and circumspection” means—and particularly in the context of an inherently dangerous instrument, such as a firearm.
It is common knowledge that firearms are dangerous instruments, so the law presumes that we all possess such knowledge. In the case of Baldwin, he actually sits on the board of a gun-control organization whose existence is premised on the fact that guns are dangerous, so he can certainly be presumed to possess this knowledge.

[Cyber Liberty]

Legal Analysis: Alec Baldwin Situation Beginning to Look a Lot Like Manslaughter

Legal Insurrection  by Andrew Branca Monday, October 25, 2021

https://legalinsurrection.com/2021/10/legal-analysis-alec-baldwin-situation-beginning-to-look-a-lot-like-manslaughter/

New Mexico is a deep blue Rat state, and I expect Prosecutors will do their best to keep their boy out of jail.  We can't have such an upstanding hater of guns going to the slammer on a gun-related charge.  The tell will be how much the Prosecutors blubber about "poor Alec's bad day."

[sneakypete]

New Mexico is a deep blue Rat state, and I expect Prosecutors will do their best to keep their boy out of jail.  We can't have such an upstanding hater of guns going to the slammer on a gun-related charge.  The tell will be how much the Prosecutors blubber about "poor Alec's bad day."

@Cyber Liberty

The truth is that prosecutors ARE political animals,and go where the wind blows them.