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BumRushDaShow

(169,757 posts)
Thu Jan 19, 2023, 12:10 PM Jan 2023

Alec Baldwin to be charged with involuntary manslaughter in 'Rust' movie set shooting

Last edited Thu Jan 19, 2023, 08:54 PM - Edit history (1)

Source: CNBC

Alec Baldwin will be criminally charged by New Mexico prosecutors for the 2021 fatal shooting of cinematographer Halyna Hutchins on the set of the film “Rust,” authorities said Thursday.

Baldwin, the Emmy-winning star of “30 Rock” and dozens of films including “The Hunt for Red October,” shot the bullet that killed Hutchins. Baldwin said he “didn’t pull the trigger” in an ABC interview. An FBI forensic report obtained by ABC News uncovered that despite Baldwin’s denial, the gun could not have gone off without the trigger being pulled.

Baldwin and the movie’s armorer, Hannah Gutierrez-Reed, each will be charged with two counts of involuntary manslaughter. One of the involuntary manslaughter counts is one in which prosecutors will have to prove there is underlying negligence, prosecutors said. This is a fourth-degree felony that carries a sentence of up to 18 months in jail and a $5,000 fine.

The second involuntary manslaughter charge is one for the commission of a lawful act, a more severe charge which requires proof that there was more than simple negligence involved in a death, prosecutors said. This charge includes a firearm enhancement, which adds a mandatory penalty of five years in jail.

Read more: https://www.cnbc.com/2023/01/19/alec-baldwin-to-be-charged-in-fatal-rust-shooting.html



Article updated.

Previous articles -

Alec Baldwin will be criminally charged by New Mexico prosecutors for the 2021 fatal shooting of cinematographer Halyna Hutchins on the set of the film "Rust," authorities said Thursday. Baldwin, the Emmy-winning star of "30 Rock" and dozens of films including "The Hunt for Red October," shot the bullet that killed Hutchins. Baldwin said he "didn't pull the trigger" in an ABC interview.

An FBI forensic report obtained by ABC News uncovered that despite Baldwin's denial, the gun could not have gone off without the pull of a trigger. Baldwin and the movie's armorer, Hannah Gutierrez-Reed, each will be charged with two counts of involuntary manslaughter.

One of the counts is for involuntary manslaughter, in which prosecutors will have to prove there is underlying negligence, prosecutors said. This is a fourth-degree felony that carries a sentence of up to 18 months in jail and a $5,000 fine. The second charge is involuntary manslaughter in the commission of a lawful act, a more severe charge which requires proof that there was more than simple negligence involved in a death, prosecutors said. This charge includes a firearm enhancement, which adds a mandatory penalty of five years in jail.

Baldwin and Gutierrez-Reed will be charged under a standard called "charged in the alternative." If the case ends up going to trial, a jury will determine which of the two charges they're guilty of. "Rust" assistant director David Halls signed a plea deal for the charge of negligent use of a deadly weapon, resulting in a suspended sentence and six months of probation.



Alec Baldwin will be criminally charged by New Mexico prosecutors for the 2021 fatal shooting of cinematographer Halyna Hutchins on the set of the film "Rust," authorities said Thursday.

Baldwin, the Emmy-winning star of "30 Rock" and dozens of films including "The Hunt for Red October," shot the bullet that killed Hutchins. He and the movie's armorer, Hannah Gutierrez-Reed, each will be charged with two counts of involuntary manslaughter.

One of the counts is for involuntary manslaughter, in which prosecutors will have to prove there is underlying negligence, prosecutors said. The charge is a fourth-degree felony and carries a sentence of up to 18 months in jail and a $5,000 fine.

The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death, prosecutors said. This charge includes a firearm enhancement, which adds a mandatory penalty of five years in jail. "Rust" assistant director David Halls signed a plea deal for the charge of negligent use of a deadly weapon, resulting in a suspended sentence and six months of probation.



Original article -

Alec Baldwin will be criminally charged by New Mexico prosecutors for the 2021 fatal shooting of cinematographer Halyna Hutchins on the set of the film "Rust," authorities said Thursday.

Baldwin, the Emmy-winning star of "30 Rock" and dozens of films including "The Hunt for Red October," shot the bullet that killed Hutchins. He and the movie's armorer, Hannah Gutierrez-Reed, each will be charged with two counts of involuntary manslaughter.

"Rust" assistant director David Halls signed a plea deal for the charge of negligent use of a deadly weapon, resulting in a suspended sentence and six months of probation, according to New Mexico First Judicial District Attorney Mary Carmack-Altwies.

Baldwin's attorney didn't immediately comment.
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Alec Baldwin to be charged with involuntary manslaughter in 'Rust' movie set shooting (Original Post) BumRushDaShow Jan 2023 OP
So wrong. Not a criminal matter on Baldwin's part. Sneederbunk Jan 2023 #1
This message was self-deleted by its author Rebl2 Jan 2023 #12
He was the on-site producer; ultimately he was in charge of the guns NullTuples Jan 2023 #24
Yeah, it should have consequences Farmer-Rick Jan 2023 #29
Yes, we do Effete Snob Jan 2023 #40
Very very rarely henbuck Jan 2023 #46
. Effete Snob Jan 2023 #48
Wow, I had no idea, you must have done a deep dive to find that old nuget Farmer-Rick Jan 2023 #88
No, it just happens to have been one of interest to me Effete Snob Jan 2023 #89
Just because I disagree with you, Farmer-Rick Jan 2023 #94
Civil responsibility, yes. Criminal responsibility, no. Sneederbunk Jan 2023 #55
When do we start holding business profiteers criminally responsible for deaths they cause? NullTuples Jan 2023 #69
We haven't even seen the case AkFemDem Jan 2023 #35
I agree that he was given a prop gun and told it was "safe"... forgotmylogin Jan 2023 #70
His other problem is that AkFemDem Jan 2023 #72
Oh no, that is bad. (n/t) forgotmylogin Jan 2023 #82
That's for a jury to decide Effete Snob Jan 2023 #38
Oh let the rich white guy go? IbogaProject Jan 2023 #52
I do not think he pulled the trigger. I think he pulled the hammer back . . . John1956PA Jan 2023 #53
No reason to pull the hammer for a 'camera test' IbogaProject Jan 2023 #57
I am not defending Baldwin. I just want to point out that . . . John1956PA Jan 2023 #67
FBI: He pulled the trigger. NullTuples Jan 2023 #74
I remember that report, and I was surprised by it, and I still am. John1956PA Jan 2023 #80
Regardless of your opinion of the FBI report of that gun (what do they know about guns, right?) NullTuples Jan 2023 #85
About single action revolver hammers sl8 Jan 2023 #93
Thanks for the information. I have been learning a bit more about the specifics of this firearm. John1956PA Jan 2023 #95
Do you know the model? sl8 Jan 2023 #96
I do not know the model. But if the 2022 news reporting on the FBI findings is accurate . . . John1956PA Jan 2023 #97
Thanks. Found a link to (some of ?) the FBI report: sl8 Jan 2023 #98
The Armorer morty420 Jan 2023 #66
She was also not on the set at the time of the shooting ripcord Jan 2023 #83
When Republicans get away with blatantly flouting the law..... TheRealNorth Jan 2023 #2
This is a blue state directing the charges. jimfields33 Jan 2023 #10
I don't think proving intent Zeitghost Jan 2023 #23
Oh well, let's just release any inmate that identifies as democrat then AkFemDem Jan 2023 #36
shoe? ThunderRoad Jan 2023 #71
another perplexing change in gun safety is exemplified in this tragic story GenXer47 Jan 2023 #3
Movies have used real guns for a very long time. Elessar Zappa Jan 2023 #5
Live ammo should have NEVER been allowed near the set. oldsoftie Jan 2023 #50
There is really something stinky about this entire saga. twodogsbarking Jan 2023 #4
Involuntary manslaughter in New Mexico (2011, HOUSE BILL 464): Auggie Jan 2023 #6
I suspect he will cut a deal News Junkie Jan 2023 #8
Thank you for posting the statute. It helps when pondering the question of justice in this matter. RockRaven Jan 2023 #19
A fine, probation and community service ... Auggie Jan 2023 #20
This is a bad decision LetMyPeopleVote Jan 2023 #7
Actually this decision is well within the law ripcord Jan 2023 #84
Outrageous. EarthFirst Jan 2023 #9
Of course they are Rebl2 Jan 2023 #15
IMO, this is just wrong. Ferrets are Cool Jan 2023 #11
I hope this isn't related to his Trump impressions on SNL. OneCrazyDiamond Jan 2023 #13
California laws & courts, yes? We're one of the bluer states... NullTuples Jan 2023 #25
I think it is New Mexico. OneCrazyDiamond Jan 2023 #31
Thank you for the correction! NullTuples Jan 2023 #76
New Mexico Hassin Bin Sober Jan 2023 #32
Thank you for the correction! NullTuples Jan 2023 #75
I did not expect this. greatauntoftriplets Jan 2023 #14
"If it's predictable, it's preventable" AkFemDem Jan 2023 #39
That's what negligence is all about Effete Snob Jan 2023 #49
What was the underlying negligence? Irish_Dem Jan 2023 #16
Well, if someone handed me a gun William Seger Jan 2023 #17
Yep. Irish_Dem Jan 2023 #21
You could tell the difference between a dummy round, a blank and a live round? dem4decades Jan 2023 #47
Yes, I believe I could William Seger Jan 2023 #62
He was the on-site Producer. Everything that happens is his responsibility. NullTuples Jan 2023 #27
+1 n/t Lulu KC Jan 2023 #34
Exactly. A woman is dead. Due to his own actions and actions of his company. Irish_Dem Jan 2023 #42
This Stuckinthebush Jan 2023 #43
Res Ipsa Loquitur Effete Snob Jan 2023 #51
With thousands of TV shows and movies I wonder how many twodogsbarking Jan 2023 #18
I'd guess almost none because of hired professionals on the set Bengus81 Jan 2023 #26
Yup, Karma13612 Jan 2023 #73
Anyone holding a weapon is in charge of checking the weapon. friend of a friend Jan 2023 #92
Not only professionals, but *union* professionals. They exist to keep workers SAFE! NullTuples Jan 2023 #77
I'd bet everyone from this point on. wnylib Jan 2023 #33
Clearly a political hit job, not supported by the law RAB910 Jan 2023 #22
Dick Cheney get charged with anything?? Bengus81 Jan 2023 #28
Dick Cheney kill anyone? JustABozoOnThisBus Jan 2023 #54
No crime for shooting someone and not reporting it for 12 hours because he lived? Bengus81 Jan 2023 #68
"someone else broke the law, so it's okay!" NullTuples Jan 2023 #78
If this were the start of a new era, ok. But I smell sulfur in this indictment. Kennah Jan 2023 #30
It was clearly an accident, and there were wnylib Jan 2023 #37
Probably needs to be reiterated AkFemDem Jan 2023 #41
WHAT? That's crazy! frogmarch Jan 2023 #44
such bullshit ZonkerHarris Jan 2023 #45
Love Baldwin but damn, he should NOT have pointed the the gun at the victim in the first place. Talitha Jan 2023 #56
Actors on sets, over a long period of time, have used real guns on sets pointed at people Kennah Jan 2023 #58
Understandable when the gun is pointed at a fellow actor. Talitha Jan 2023 #59
If a stunt goes wrong, I cannot see how the actor is accountable Kennah Jan 2023 #61
What about the on-site executive producer who decided not to pay for proper safety? NullTuples Jan 2023 #79
OK, now there, I'm totally with you. As an EP, I think Baldwin might well be in trouble. Kennah Jan 2023 #86
If only actors' normal practices defined what the law was FBaggins Jan 2023 #90
As the Executive Producer, I agree that he could be on the hook Kennah Jan 2023 #99
Great timing ptb Marthe48 Jan 2023 #60
It was a dumb lie. BWdem4life Jan 2023 #63
Andrea Reeb is a Republican and the special prosecutor in the case. RAB910 Jan 2023 #64
A little more about Ms Reeb, the politician Deminpenn Jan 2023 #87
It will be interesting if it goes to trial. twodogsbarking Jan 2023 #65
And yet, Rittenhouse walks free n/t Strelnikov_ Jan 2023 #81
He held the gun that shot and killed someone, the jury will decide his culpability Shanti Shanti Shanti Jan 2023 #91
I was watching Harrison Ford this morning tonekat Jan 2023 #100

Response to Sneederbunk (Reply #1)

NullTuples

(6,017 posts)
24. He was the on-site producer; ultimately he was in charge of the guns
Thu Jan 19, 2023, 01:12 PM
Jan 2023

Like a CEO, the job of a film producer is to be responsible for how the shop is run.

And in Baldwin's case he chose profits over people.

This *should* have consequences.

Farmer-Rick

(12,667 posts)
29. Yeah, it should have consequences
Thu Jan 19, 2023, 01:21 PM
Jan 2023

But do we ever put CEOs in jail when their factories, waste, pollution and products kill people?

 

Effete Snob

(8,387 posts)
40. Yes, we do
Thu Jan 19, 2023, 01:42 PM
Jan 2023
https://www.justice.gov/opa/pr/former-peanut-company-president-receives-largest-criminal-sentence-food-safety-case-two

Former Peanut Company President Receives Largest Criminal Sentence in Food Safety Case; Two Others also Sentenced for Their Roles in Salmonella-Tainted Peanut Product Outbreak

Two former officials of and one broker for the Peanut Corporation of America (PCA) were sentenced to prison today in Albany, Georgia, for their roles in a conspiracy to defraud their customers by shipping salmonella-positive peanut products before the results of microbiological testing were received and falsifying microbiological test results, the Department of Justice announced today. 

Stewart Parnell, 61, of Lynchburg, Virginia, the former owner and president of PCA, was sentenced by Senior U.S. District Court Judge W. Louis Sands of the Middle District of Georgia to serve 336 months in prison to be followed by three years of supervised release. Michael Parnell, 56, of Midlothian, Virginia, who worked at P.P. Sales and was a food broker who worked on behalf of PCA, and is Stewart Parnell’s brother, was sentenced to serve 240 months in prison to be followed by three years of supervised release. Mary Wilkerson, 41, of Edison, Georgia, who held various positions at PCA’s Blakely, Georgia, plant including receptionist, office manager and quality assurance manager, was sentenced to serve 60 months in prison to be followed by two years of supervised release. Judge Sands will issue a restitution order at a later date.

-----

Next question?
 

Effete Snob

(8,387 posts)
48. .
Thu Jan 19, 2023, 02:45 PM
Jan 2023

Did you read the post to which I responded?

If you don't pay attention then, yep, you never see it happen.

So, let's all just say that the entire thing is a sham, and see how that works out.



But, what's great about your comeback is it is a common form of "invincible ignorance".

By saying "very very rarely" you have set up a completely subjective nebulous target which no amount of examples can overcome. So, I can sit here and give you dozens of examples of corporate leaders going to jail for actual white collar and other crimes which happens every danged day, and the end result is that I have wasted time arguing with someone who is not willing to make any actual investment, intellectual or otherwise, into the discussion and can still say, no matter how many examples they are, that it is "rare" according to an unstated threshold of what would or would not be a sufficient frequency to satisfy the definition.

Farmer-Rick

(12,667 posts)
88. Wow, I had no idea, you must have done a deep dive to find that old nuget
Fri Jan 20, 2023, 10:21 AM
Jan 2023

That was back in 2015. And there are a few CEO charged with murder because they murdered people. But mostly they are charged and fined but never to see jail time. And when they do get jail time, it's so lackadaisical as to be ridiculous. Like when Epstein was convicted of sex trafficking and pedophilia in Florida where he got to leave jail every day.

About 90% of the time you get this kind of headline: "DuPont said Monday that it has learned it will not be facing criminal charges arising from allegations that the company hid information about a toxic chemical used to make the non-stick coating Teflon." https://www.google.com/amp/s/abcnews.go.com/amp/Business/story%3fid=3734756&page=1

Or this:
"Why didn’t any Wall Street CEO go to jail after the financial crisis? It’s a question we were frequently asked throughout our reporting of the 10-year anniversary of the financial crisis. The financial crisis of 2008 altered so many lives: Millions of people lost their homes, their jobs and their savings. It set off a recession that collectively destroyed over $30 trillion of the world’s wealth. And though the crisis grew out of big banks’ handling of mortgage-backed securities, no Wall Street executive went to jail for it. So what happened?" https://features.marketplace.org/why-no-ceo-went-jail-after-financial-crisis/

This is a really interesting podcast if you are interested in why banker CEOs didn't go to jail for causing the financial crisis.

Or this:
"Jail Time Needed, Not Fines, for CEO of Wells Fargo." https://www.independent.org/news/article.asp?id=8878

Good for you for finding one where a CEO went to jail. Too bad that is an exception rather than the rule.

Has Trump been sent to jail for his corporations' tax fraud yet?

 

Effete Snob

(8,387 posts)
89. No, it just happens to have been one of interest to me
Fri Jan 20, 2023, 10:36 AM
Jan 2023

When Parnell killed those people, I wanted to see him go to jail.

It was simply one for which I was aware off the top of my head. But thank you for the insulting personal accusation.

Financial frauds like Madoff get sent to jail all of the time, as do bank executives from time to time.

The ability to refer to cases in which you thought someone should go to jail, but no one did, does not support your overall defeatist attitude expressed in your post to the effect it "never" happens.

I do understand there are people who want to discourage political participation in general on the proposition that it is all 'rigged' and thus pointless, and who believe that spreading general cynicism does some kind of good toward encouraging disengagement.

I am not one of those people, and your "never" statement remains wrong.

https://www.justice.gov/usao-sdny/pr/bank-ceo-stephen-m-calk-sentenced-one-year-and-one-day-corruptly-soliciting

Bank CEO Stephen M. Calk Sentenced To One Year And One Day For Corruptly Soliciting A Presidential Administration Position In Exchange For Approving $16 Million In Loans


Damian Williams, the United States Attorney for the Southern District of New York, announced today that STEPHEN M. CALK was sentenced to one year and one day of imprisonment for corruptly using his position as the head of a federally-insured bank to issue millions of dollars in high-risk loans to Paul Manafort in exchange for personal benefit: CALK’s placement on the Donald J. Trump 2016 presidential campaign and assistance from Manafort in trying to obtain a senior position with the incoming presidential administration.

Farmer-Rick

(12,667 posts)
94. Just because I disagree with you,
Fri Jan 20, 2023, 11:21 AM
Jan 2023

Doesn't mean I made "insulting personal accusations". I thought I was being quite nice. I only gave a contrary argument to your statement. In my first comment to you, I was actually agreeing with you.

And I ignored your snarky comment at the end of your other post.

But if you won't believe me and the facts of our capitalist society, then maybe you will believe Wharton School of business at the University of Pennsylvania.

"Why Corrupt Executives Are Rarely Prosecuted

Top corporate executives who commit crimes are often not prosecuted. Journalist Jesse Eisinger explains why in his new book."

"History is rife with examples of wrongdoing in the corporate boardroom, from the early days of the Great Depression to the recent Great Recession. Besides a handful of high-profile prosecutions — think Bernie Madoff — why aren’t more wrongdoing executives in prison?"

https://knowledge.wharton.upenn.edu/article/why-wrongdoing-executives-are-rarely-prosecuted/

But what you seem most upset about is that I wrote that one single word "ever". It was meant as Hyperbole. Like “I’m so hungry I could eat a horse." It is meant to overshoot its target.

NullTuples

(6,017 posts)
69. When do we start holding business profiteers criminally responsible for deaths they cause?
Thu Jan 19, 2023, 05:51 PM
Jan 2023
 

AkFemDem

(2,508 posts)
35. We haven't even seen the case
Thu Jan 19, 2023, 01:38 PM
Jan 2023

We’ve seen Baldwins huge PR blitz version of the case.

The fact so many people walked off that set due to safety concerns including specific concerns about weapons handling ought to have dropped an anvil of a clue on his head though. If he and assistant director Halls hadn’t put profit and shooting schedules ahead of safety this would have had a very different ending, and a child would still have his mother.

Baldwins arrest history doesn’t help him out here either.

forgotmylogin

(7,952 posts)
70. I agree that he was given a prop gun and told it was "safe"...
Thu Jan 19, 2023, 06:00 PM
Jan 2023

But if you've ever been in theatrical weapons/combat training, you still learn to never point even a fake gun at anyone, and never pull the trigger on a blank-firing gun outside of performance or technical rehearsal until instructed to. He shouldn't have pointed it anywhere toward "civilians" on a set who were not meant to be involved in the gunplay, and everyone on the set needs to be aware exactly when fake or real guns are being fired so they can make sure they are clear.

From what I've read, they were setting up a shot and there was no reason for the trigger to be pulled at the moment it was. It was a replica gun that likely does not have a hair-trigger that could be fired unintentionally.

I agree it was a mistake and a tragic accident and they will hopefully take that into account, but prop gun safety is everyone's responsibility - Baldwin's and everyone in the chain of custody above him - specifically to avoid situations like this.

 

AkFemDem

(2,508 posts)
72. His other problem is that
Thu Jan 19, 2023, 06:24 PM
Jan 2023

In the civil case it came out he skipped the training the day before that was specifically for this scene and gun safety 🤦🏻‍♀️

IbogaProject

(5,913 posts)
52. Oh let the rich white guy go?
Thu Jan 19, 2023, 02:54 PM
Jan 2023

Who cares if he pulled the trigger needlessly? He's a rich white guy so it's the teenage Hispanic's fault? Who was only there as the experienced Armorer quit due to extreme safety concerns. There was no reason for him to have pulled that trigger for a camera test. And with live bullets being all over the set, even if just 5 were found in a mixture of locations points to a very dangerous oversight situation. We don't know how many live rounds were loose before they cleaned up while the authorities were on their way. Sorry I like liberal actors but I'm not going to support this guy after he refused to have enough staff and was running a Non-Union film production, he should be out of the guilds. If he wasn't willing to work for a cheap funder this wouldn't have happened.

John1956PA

(4,964 posts)
53. I do not think he pulled the trigger. I think he pulled the hammer back . . .
Thu Jan 19, 2023, 02:58 PM
Jan 2023

. . . and the hammer slipped from his thumb.

If that was the case, the jury will have to decide if his actions constitute the offense of manslaughter.

IbogaProject

(5,913 posts)
57. No reason to pull the hammer for a 'camera test'
Thu Jan 19, 2023, 03:16 PM
Jan 2023

There was no need to pull that hammer back for a 'camera test'. The cinematographer doesn't need the gun cocked to see how the shot looks. And your response ignores that the experienced Armorer quit over 'safety concerns. They had a teen, who's only connection to the business was her dad did the armorer job in other productions. Alec is a union buster and that should be considered in the deliberations over his conduct and the conduct of the under experienced non-union staff.

John1956PA

(4,964 posts)
67. I am not defending Baldwin. I just want to point out that . . .
Thu Jan 19, 2023, 05:14 PM
Jan 2023

. . . he may not have pulled the trigger. When interviewed by Stephanopoulos, Baldwin said he did not pull the trigger. If I had been in Stephanopoulos's position, I would have assailed Baldwin with the scenario that he unnecessarily pulled the trigger back with his thumb, but he was not able to hold it back, and it slipped forward from his thumb. We will have to wait for the trial, if there is one, to learn more information as to what happened.

NullTuples

(6,017 posts)
74. FBI: He pulled the trigger.
Thu Jan 19, 2023, 06:26 PM
Jan 2023

"An FBI forensic report obtained by ABC News uncovered that despite Baldwin’s denial, the gun could not have gone off without the trigger being pulled."

https://www.cnbc.com/2023/01/19/alec-baldwin-to-be-charged-in-fatal-rust-shooting.html

John1956PA

(4,964 posts)
80. I remember that report, and I was surprised by it, and I still am.
Thu Jan 19, 2023, 07:17 PM
Jan 2023

I have always been under the belief that hammer-type pistols can always be fired if the cartridge is in the chamber and if the firing pin (integral to the hammer) strikes the back of the cartridge, regardless of whether the hammer has been cocked back and then released by the trigger, or if the hammer is pulled back (short of cocking) and then suddenly released. I do not think that it makes a difference as to Baldwin's culpability whichever of the two scenarios occurred. It is an academic point. If he goes to trial, New Mexico jurors are familiar with pistols and how they should be safely handled. However, just out of curiosity, I would like to read a detailed report on the weapon in question. I am thinking that there may be some confusion about the media reporting on the FBI analysis.

NullTuples

(6,017 posts)
85. Regardless of your opinion of the FBI report of that gun (what do they know about guns, right?)
Thu Jan 19, 2023, 09:25 PM
Jan 2023

It really comes down to production values. Values & thus procedures & rules to be followed on the set as determined by the on-set executive producer, not the actor Alec Baldwin.

Oh, wait, that's right; Alec Baldwin *was* the on site executive producer.

"Gutierrez-Reed's lawyer, Jason Bowles, told NPR in a statement, "The newly released FBI reports show the revolver was in good working order and that Baldwin had to have pulled the trigger to fire the revolver, directly contradicting his prior statements."

Bowles said Baldwin "ignored" Gutierrez-Reed's request to do cross-draw training, which would have forbade pointing a weapon at anyone or having his finger on the trigger during the cross draw."

https://www.npr.org/2022/08/15/1117577604/alec-baldwin-fbi-report-movie-shooting

sl8

(17,110 posts)
93. About single action revolver hammers
Fri Jan 20, 2023, 10:59 AM
Jan 2023

Last edited Wed Jan 25, 2023, 10:09 PM - Edit history (2)

The firing pin on old single action revolvers like Colt's 1873 "Peacemaker" (SAA, or Single Action Army) is integral with the hammer, and anything that causes the hammer to fall (or even a hard bump to a resting hammer) may cause the gun to fire. However, the Colt SAA and it's copies have a safety notch and a half-cock notch, which, when working properly, should catch the hammer if it slips while being cocked.

That said, the Colt mechanism isn't the most robust thing in the world and it's been standard practice for a very long time not to rely on it. Rather, the best practice is to carry with the hammer down on an empty chamber.

John1956PA

(4,964 posts)
95. Thanks for the information. I have been learning a bit more about the specifics of this firearm.
Fri Jan 20, 2023, 11:23 AM
Jan 2023

I will leave it at that, since I do not want to cloud the reporting on the facts of the case. I will wait until the case proceeds through the courts before I even think of posting any more of my opinion on it.

sl8

(17,110 posts)
96. Do you know the model?
Fri Jan 20, 2023, 11:56 AM
Jan 2023

To be clear, I was talking only about the Colt SAA and close copies, of which there were many.

If this was a modern design, made to look like a Colt SAA, then it's a whole different story.

John1956PA

(4,964 posts)
97. I do not know the model. But if the 2022 news reporting on the FBI findings is accurate . . .
Fri Jan 20, 2023, 12:07 PM
Jan 2023

. . . the firearm in question had two partially-cocked positions: one-quarter, and one-half. Again, if the news reporting on the FBI findings is accurate, the weapon was determined to be in good working order and that, if the hammer was set at either the one-fourth or one-half position, the only way the weapon could be fired was with a trigger pull. The news stories reported that the FBI test-fired the weapon several times, but that it eventually experienced breakage of the firing mechanism when the weapon self-fired from a cocked position. I hesitate to post all of this because I have no way to verify how much of it is true, and I am afraid to muddy the waters.

morty420

(6 posts)
66. The Armorer
Thu Jan 19, 2023, 04:43 PM
Jan 2023

There was no other armorer that quit…and Hannah Guiterez Reed was 24 at the time. Infantilizing a fully qualified women who just happened to suck at her job and making up bs about an armorer that quit makes your entire position sus.

 

ripcord

(5,553 posts)
83. She was also not on the set at the time of the shooting
Thu Jan 19, 2023, 08:51 PM
Jan 2023

The producers, one of which was Alex Baldwin, decided it was more important to have her working with the prop master rather than being on set when a firearm was being used.

TheRealNorth

(9,647 posts)
2. When Republicans get away with blatantly flouting the law.....
Thu Jan 19, 2023, 12:13 PM
Jan 2023

Because we "can't prove intent", this seems like a smack in the face.

 

jimfields33

(19,382 posts)
10. This is a blue state directing the charges.
Thu Jan 19, 2023, 12:28 PM
Jan 2023

I highly doubt it was a political decision.

 

AkFemDem

(2,508 posts)
36. Oh well, let's just release any inmate that identifies as democrat then
Thu Jan 19, 2023, 01:40 PM
Jan 2023

Because ignoring crimes committed by people who register as democrat is obviously the shoe thing to do. 🙄

 

ThunderRoad

(28 posts)
71. shoe?
Thu Jan 19, 2023, 06:02 PM
Jan 2023

You wrote the "shoe" thing to do. I'm just curious; if that was a typo what did you mean to say? If it wasn't a typo, what does that mean?

 

GenXer47

(1,204 posts)
3. another perplexing change in gun safety is exemplified in this tragic story
Thu Jan 19, 2023, 12:15 PM
Jan 2023

Am I nuts, or didn't movies used to use FAKE GUNS???
What has happened to us? WTF is a film set "armorer"?
I see this as yet another example of how we have slouched into a dangerous state of "casualness" with regard to guns.

 

oldsoftie

(13,538 posts)
50. Live ammo should have NEVER been allowed near the set.
Thu Jan 19, 2023, 02:47 PM
Jan 2023

Real guns shooting blank rounds at pre-loaded targets has been done for years. Can CGI replace them realistically? I dont know.

Auggie

(33,150 posts)
6. Involuntary manslaughter in New Mexico (2011, HOUSE BILL 464):
Thu Jan 19, 2023, 12:22 PM
Jan 2023

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] that might produce death in an unlawful manner or without due caution and circumspection.

Whoever commits involuntary manslaughter is guilty of a fourth degree felony for involuntary manslaughter."

(11) for a fourth degree felony for involuntary manslaughter, three years imprisonment; or (12) for a fourth degree felony, eighteen months imprisonment.

SNIP

The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed:

(10) for a third degree felony, a fourth degree felony for involuntary manslaughter or a fourth degree felony, five thousand dollars ($5,000)

Full bill at the link: https://www.nmlegis.gov/sessions/11%20regular/bills/house/HB0464.html

---------------

How will the prosecution proceed? Imprisonment, fine, or both?

RockRaven

(19,373 posts)
19. Thank you for posting the statute. It helps when pondering the question of justice in this matter.
Thu Jan 19, 2023, 12:47 PM
Jan 2023

I guess I don't agree with the people complaining that this is unfair or inappropriate. The bolded sections seem to apply pretty straitforwardly to this incident:

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] that might produce death in an unlawful manner or without due caution and circumspection.

From my admittedly limited knowledge of the incident, it seems like those elements could be proved beyond a reasonable doubt without much difficulty.

 

ripcord

(5,553 posts)
84. Actually this decision is well within the law
Thu Jan 19, 2023, 09:01 PM
Jan 2023

Anyone is responsible for a firearm they are holding. It doesn't matter what the armorer or anyone else on the set claims, the person holding the gun is responsible for making sure it is safe according to the law. There are no exceptions for actors because no government agency certifies or licenses armorers for movies, it is no different from a friend handing you a gun and telling you it is unloaded, it is still the responsibility of anyone holding a firearm to assure it is unloaded and safe. Only a total fool would point a gun at someone and pull the trigger even if they knew the gun was unloaded.

OneCrazyDiamond

(2,068 posts)
13. I hope this isn't related to his Trump impressions on SNL.
Thu Jan 19, 2023, 12:31 PM
Jan 2023

I doubt he will get any time though, because I think I read the family of the victim has cut a deal for her child to get money for their future.

OneCrazyDiamond

(2,068 posts)
31. I think it is New Mexico.
Thu Jan 19, 2023, 01:27 PM
Jan 2023

I looked into the DA. She has a wife, so that makes me less suspicious of her intentions.

 

Effete Snob

(8,387 posts)
49. That's what negligence is all about
Thu Jan 19, 2023, 02:47 PM
Jan 2023

Of course it was an accident.

Nobody believes he intended to shoot anyone.

When the bus with bad brakes and bald tires kills a bunch of people, that too is an accident. And it is precisely the sort of accident which is avoided by paying attention to the brakes and tires on the bus before it happens.

William Seger

(12,443 posts)
17. Well, if someone handed me a gun
Thu Jan 19, 2023, 12:43 PM
Jan 2023

... and said it wasn't loaded, I'd sure as hell check it anyway.

Irish_Dem

(81,266 posts)
21. Yep.
Thu Jan 19, 2023, 01:02 PM
Jan 2023

1. He didn't check to see if it was loaded.

2. Then he lied when he said he didn't pull the trigger?

dem4decades

(14,057 posts)
47. You could tell the difference between a dummy round, a blank and a live round?
Thu Jan 19, 2023, 02:42 PM
Jan 2023

And if you could, could Baldwin?

And if you can't, what would you do?

You'd ask the expert that was hired to be an expert.

William Seger

(12,443 posts)
62. Yes, I believe I could
Thu Jan 19, 2023, 03:54 PM
Jan 2023

The blanks I've seen are just cartridges crimped closed; nothing that looks like a bullet in them. Anyway, that's something a jury has to consider in a negligent homicide charge, and if they do find him guilty, a judge might also consider that in sentencing. To be clear, I don't hold Baldwin primarily responsible. I'm just saying, I would have checked -- guns are serious business.

NullTuples

(6,017 posts)
27. He was the on-site Producer. Everything that happens is his responsibility.
Thu Jan 19, 2023, 01:15 PM
Jan 2023

And in the case of that film set, he made decision after decision to go cheap to increase his own profits.

People walked off the set days early because safety was so lax.

He could've, should've gone union to protect his workers; he chose greed instead.

Lulu KC

(8,893 posts)
34. +1 n/t
Thu Jan 19, 2023, 01:33 PM
Jan 2023

Bad management overall. Got very serious. Sorry, dude. That's why you get paid the big bucks.

Irish_Dem

(81,266 posts)
42. Exactly. A woman is dead. Due to his own actions and actions of his company.
Thu Jan 19, 2023, 01:46 PM
Jan 2023

He cheaped out and hired people who did not take basic safety precautions.
And he himself did not check the gun to see if it was loaded before he fired.

 

Effete Snob

(8,387 posts)
51. Res Ipsa Loquitur
Thu Jan 19, 2023, 02:50 PM
Jan 2023

Guns are inherently dangerous.

There is a heightened responsibility to take extra care in the handling of guns.

If guns are not handled properly within an operation like this, then what happens is that someone gets shot.

Someone got shot.

https://en.wikipedia.org/wiki/Res_ipsa_loquitur

Res ipsa loquitur (Latin: "the thing speaks for itself" ) is a doctrine in the common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation. Although specific criteria differ by jurisdiction, an action typically must satisfy the following elements of negligence: the existence of a duty of care, breach of appropriate standard of care, causation, and injury. In res ipsa loquitur, the existence of the first three elements is inferred from the existence of injury that does not ordinarily occur without negligence.

twodogsbarking

(18,785 posts)
18. With thousands of TV shows and movies I wonder how many
Thu Jan 19, 2023, 12:45 PM
Jan 2023

actors ever check for live ammunition after being handed a gun on set.

Bengus81

(10,165 posts)
26. I'd guess almost none because of hired professionals on the set
Thu Jan 19, 2023, 01:14 PM
Jan 2023

Those armorers are the ones 100% responsible for SAFE weapons on a set. Those clowns brought live ammo to the set to shoot cans and bottles in their time off.

Gee...now how could a live round get in that gun??

Karma13612

(4,981 posts)
73. Yup,
Thu Jan 19, 2023, 06:24 PM
Jan 2023

And now Baldwin will take the hit for this 💩 storm.

I’m so pissed off over this. And my tinfoil protected head thinks this could have been a set up cause “librl” Baldwin played Trump on SNL. I don’t put it passed a bunch of rednecks to make this situation a reality. And we’ll NEVER get the full story EVER. Like most everything of import in this country. Example: supreme court can’t determine the Roe case leak. 🤣🤣🤣🤣🤬 yea, sure.

Actors on a movie/TV set are not in charge of checking the weapon. The armorer is responsible.
So what if Baldwin was the producer? He was being an actor at the time of the incident.

wnylib

(26,014 posts)
33. I'd bet everyone from this point on.
Thu Jan 19, 2023, 01:31 PM
Jan 2023

In fact, I'd bet most sets will use fake guns after this.

RAB910

(4,030 posts)
22. Clearly a political hit job, not supported by the law
Thu Jan 19, 2023, 01:03 PM
Jan 2023

Actors are not required to be experts on firearm safety, that is a fact. The people hired to ensure safety are the only ones that should have been charged.

Bengus81

(10,165 posts)
28. Dick Cheney get charged with anything??
Thu Jan 19, 2023, 01:15 PM
Jan 2023

Oh wait the guy lived with a face full of buckshot.

Bengus81

(10,165 posts)
68. No crime for shooting someone and not reporting it for 12 hours because he lived?
Thu Jan 19, 2023, 05:43 PM
Jan 2023

Didn't know that.

wnylib

(26,014 posts)
37. It was clearly an accident, and there were
Thu Jan 19, 2023, 01:40 PM
Jan 2023

some reports about a gun that misfired withot pulling the trigger.

But as producer, it was Baldwin's job to ensure safety on the set. It was an accident that could have been prevented with better safety standards. Experienced people had already walked off the set due to lax safety. I think that I read somewhere that the armorer was either inexperienced or did not have a good reputation. Baldwin allowed her to be hired.

Too many risks taken unnecessarily and now someone is dead. I like Balwin as an actor and love his films. But he has some responsibility in this.

 

AkFemDem

(2,508 posts)
41. Probably needs to be reiterated
Thu Jan 19, 2023, 01:43 PM
Jan 2023

This didn’t happen in a vacuum. This happened within the context of an ongoing culture of poor safety conditions and dangerous working conditions.

https://www.latimes.com/entertainment-arts/business/story/2021-10-22/alec-baldwin-rust-camera-crew-walked-off-set

Talitha

(7,988 posts)
56. Love Baldwin but damn, he should NOT have pointed the the gun at the victim in the first place.
Thu Jan 19, 2023, 03:08 PM
Jan 2023

Period.

Kennah

(14,578 posts)
58. Actors on sets, over a long period of time, have used real guns on sets pointed at people
Thu Jan 19, 2023, 03:29 PM
Jan 2023

Actors do stunts, but professional stunt people are in charge. Handling guns is no different. A responsible, professional armorer handles the guns.

Talitha

(7,988 posts)
59. Understandable when the gun is pointed at a fellow actor.
Thu Jan 19, 2023, 03:35 PM
Jan 2023

But the victim was a cinematographer.

Baldwin never should have pointed the gun at them.

Kennah

(14,578 posts)
86. OK, now there, I'm totally with you. As an EP, I think Baldwin might well be in trouble.
Thu Jan 19, 2023, 11:45 PM
Jan 2023

FBaggins

(28,706 posts)
90. If only actors' normal practices defined what the law was
Fri Jan 20, 2023, 10:43 AM
Jan 2023

It doesn’t.

Moreover… there is no way for a company to avoid responsibility by hiring someone they call “armorer”.

If they hire someone who is incompetent and/or there is evidence (as was the case here) that prior similar mistakes had been made and the practices weren’t changed… then the producer is also responsible for an unsafe environment that resulted in a death.

Baldwin is on both ends of that chain of responsibility.

Marthe48

(23,175 posts)
60. Great timing ptb
Thu Jan 19, 2023, 03:40 PM
Jan 2023

On the day when the top story is r politicians ratting out the country by refusing to take care of our debts, the lead story is Alec Baldwin getting charged.

I feel so bad about the way his story is going. Any other gun death would be treated so differently.

BWdem4life

(3,003 posts)
63. It was a dumb lie.
Thu Jan 19, 2023, 04:06 PM
Jan 2023

The gun still exists. They can test it thousands of times and show that it physically will not do what Baldwin says it did.

Deminpenn

(17,506 posts)
87. A little more about Ms Reeb, the politician
Fri Jan 20, 2023, 06:28 AM
Jan 2023
https://andreareeb.com/

Her campaign website says she is 100% pro second amendment.

twodogsbarking

(18,785 posts)
65. It will be interesting if it goes to trial.
Thu Jan 19, 2023, 04:33 PM
Jan 2023

They can then make a movie about the trial.
Will do better than the original movie for sure.

 

Shanti Shanti Shanti

(12,047 posts)
91. He held the gun that shot and killed someone, the jury will decide his culpability
Fri Jan 20, 2023, 10:43 AM
Jan 2023

Involuntary manslaughter in New Mexico is a 4th degree felony with up to 18 months in prison and $5000 in fines.

tonekat

(2,529 posts)
100. I was watching Harrison Ford this morning
Sun Jan 22, 2023, 10:11 PM
Jan 2023

CBS Sunday Morning did a segment on him, discussing his new series which is apparently a prequel to Yellostone called 1923, about the US West after WWI.

There were a lot of scenes with pistols and rifles. I thought "I hope everyone is being very careful".

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