Legal experts say Alec Baldwin likely won't face murder or manslaughter charges in prop-firearm shooting that left a cinematographer dead

Asia's Tech News Daily

Legal experts say Alec Baldwin likely won't face murder or manslaughter charges in prop-firearm shooting that left a cinematographer dead
© Halyna Hutchins/Instagram, Jim Spellman/Getty Images Legal experts told Insider that Alec Baldwin likely won’t face charges in a prop-firearm shooting on the set of “Rust.” Halyna Hutchins/Instagram; Jim Spellman/Getty Images

  • Legal experts said Alec Baldwin likely won’t face murder or manslaughter charges for the prop-firearm shooting on the set of “Rust.”
  • Baldwin discharged a prop gun filled with live ammunition on the film set, killing the director of photography, Halyna Hutchins, on Thursday.
  • Experts said they don’t believe Baldwin will face charges if he didn’t know the gun had live ammunition in it.

Legal experts told Insider it’s unlikely that Alec Baldwin will face criminal charges after he discharged a prop-firearm that contained a live round on the set of “Rust,” killing the film’s cinematographer and injuring the director on Thursday.

The film’s director of photography, Halyna Hutchins, died at the University of New Mexico Hospital on Thursday after the on-set incident.

Arthur L. Aidala, a managing partner of New York criminal defense firm Aidala Bertuna & Kamins, said he doesn’t believe Baldwin will face charges if the actor was unaware that the prop gun had live ammunition in it.

“Even though we absolutely know who possessed the weapon, who discharged the weapon, and who caused the death of a human being, it would fall under the excusable homicide statute,” Aidala said.

That’s because New Mexico law has a stipulation called “excusable homicide,” which means that it’s not a crime to kill someone “by accident or misfortune, in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent.”

Manslaughter charges possible, but unlikely

Neama Rahmani, president and co-founder of West Coast Trial Lawyers, a personal injury firm, said that the fact that the prop masters union says the gun was loaded with a live round opens up the possibility for manslaughter charges.

But he says prosecutors would have to prove that Baldwin or the prop master knew that the gun was loaded with a live round.

It’s unclear how the live round ended up in the gun, though it’s not the first time a prop gun accident turned deadly.

In 1993, part of a live round got lodged in a prop gun and killed actor Brandon Lee, the son of Bruce Lee, on the set of “The Crow.” In that case, the district attorney ruled the death an accident due to negligence.

If a similar situation happened here, Baldwin would not face charges, Rahmani said.

Ralph Cilento – a professor at John Jay College of Criminal Justice – agreed, telling Insider that police would have to prove that Baldwin intended to cause someone harm when he discharged the gun and that his intent to cause harm led to someone’s death.

“The bottom culpable mental state of manslaughter is to intend physical harm, but accidentally cause death,” Cilento said.

Aidala said “the absolute worst-case scenario for Mr. Baldwin is that a witness comes forth and says, ‘Yeah, we told him it was loaded with live ammunition because in that particular scene we needed to shoot a hole in the wall, so it was a real bullet.'”

While Aidala said he “doesn’t see that happening,” he said in that case, Baldwin could face charges of “depraved indifference homicide” which is “not intending to kill anybody, but committing an act that any reasonable person would know would cause death of another.”

Criminal charges are still possible if prosecutors can prove that the live round was put in the gun out of “willful ignorance” or “deliberate indifference.”

Rahmani said an example of deliberate indifference is like a person agreeing to transport a suitcase across the border without checking what’s inside. If that suitcase ends up having drugs in it, that person can still be charged because they didn’t even bother to check.

But Rahmani said these types of prosecutions are rare.

Future lawsuits

Simple negligence wouldn’t result in criminal charges, but could give rise to civil lawsuits, Rahmani said.

Imran Ansari, who heads civil litigation at Aidala Bertuna & Kamins, said there’s a “very high likelihood” that this case will lead to lawsuits from the victim’s family and the injured director.

These lawsuits “could focus on Mr. Baldwin himself if he was handling the prop gun in an unsafe manner or negligently” and they could “focus on the prop master if somehow he didn’t safeguard the gun or keep it in the proper state.”

Such lawsuits could also extend to the “prop gun manufacturer or the manufacturer of the blanks that were used, if it could be determined that there was some sort of defect in the way the gun or the blanks were manufactured,” Ansari said.

Read the original article on Insider

Internet Explorer Channel Network
Asia's Tech News Daily
News Related

OTHER NEWS

Solar Eclipse 2021 Date and Time: Get ready to witness last Surya Grahan of this year

© Provided by Jagran English New Delhi | Jagran Lifestyle Desk: Finally! The day has come to witness the last solar eclipse of 2021. However, only Antarctica will be able to ... Read more »

EXCLUSIVE | It's a Wake Up Call. Omicron Already Here, It's Not Coming From Abroad: CSIR Institute Chief

© Provided by News18 EXCLUSIVE | It’s a Wake Up Call. Omicron Already Here, It’s Not Coming From Abroad: CSIR Institute Chief Detection of the Omicron variant in a Covid-positive ... Read more »

Happy Birthday Jaaved Jaaferi: Sooryavanshi, Bhoot Police to Total Dhamaal, Recent Movies of the Veteran Actor

© Provided by News18 Whether it is about entertaining the audience with his antics and hilarious comic timing, or leaving the audience in peals of laughter with his Hindi dubbing, ... Read more »

Thursday's fatal stabbing over a parking dispute marks 35th homicide in St. Paul, most on record

Dec. 3—A Thursday evening fatal stabbing that broke St. Paul's record for the most homicides in one year happened over a parking dispute, according to authorities. Brian Harry Kjellberg, 50, ... Read more »

A US commander says he wants to see a lot more aircraft carriers in the Pacific to check China and Russia

© US Navy The USS Ronald Reagan (CVN 76) and USS Nimitz (CVN 68) Carrier Strike Groups (CSGs) steam in formation. US Navy The US Navy recently conducted joint exercises ... Read more »

Manchester United handed Jules Kounde boost and more transfer rumours

Manchester United are ‘well placed’ to make a swoop for highly-rated Sevilla and France defender Jules Kounde. That is according to a report by SuperDeporte who claim that Sevilla are ... Read more »

Govt seeks parliament nod for Rs 3 lakh crore extra spending

New Delhi: In a mid-term fiscal boost to the economy, the government has proposed an additional net spending of Rs 3 lakh crore, which is expected to help lift demand ... Read more »

Tax department sends reassessment notices to global fund houses

The Income Tax Department has reopened old assessments of at least a dozen global fund houses and private equity funds alleging under-reporting of income through the misuse of tax treaties. ... Read more »

Indices crash after Omicron enters India

Mumbai: Indian equities fell on Friday in a late selloff, as nervous traders cut their bets ahead of the weekend amid lingering uncertainty over the Omicron variant of Covid-19. Overseas ... Read more »

Judge declines lower bond for Fairfield teens

Dec. 3—FAIRFIELD — Bond will stay at $1 million cash only for two Fairfield juveniles accused by police of killing a high school Spanish teacher. Judge Joel Yates, in a ... Read more »

Microsoft reverses Windows 11 changes that made it hard to switch browsers

Microsoft appears to be eliminating Windows 11 changes that made it harder to switch default browsers, according to a report from The Verge's Tom Warren. A new Insider build now ... Read more »

2022 Ford Everest Imagined With The New Ranger's Face In Rendering

2022 Ford Ranger Wildtrak off-road 2022 Ford Ranger Wildtrak on the road 2022 Ford Ranger Wildtrak static 2022 Ford Ranger Wildtrak front view 2022 Ford Ranger Wildtrak 2022 Ford Ranger ... Read more »

How to capture animals in Wartales

© Provided by GamePur Animals can be powerful allies in Wartales. Some have a high movement that can be utilized on the battlefield and strong attacks to match. Capturing them ... Read more »

Army soldiers get new assault rifles

AFP Logo The 99th Infantry Battalion of the Philippine Army received new assault rifles on Friday from Armed Forces of the Philippines chief of staff Lieutenant General Andres Centino. The ... Read more »

How to restart a game in Big Brain Academy: Brain vs Brain

© Provided by GamePur Have you have ever been in a situation in Big Brain Academy: Brain vs. Brain, in which you mess up on a question, and want to ... Read more »

Gov't looking at how to accommodate walk-ins at vaccination sites —Nograles

© Danny Pata A vaccinator gives a booster shot of the Pfizer COVID-19 vaccine to a Manila resident at the Moises Salvador Elementary School in Sampaloc, Manila on Monday, November ... Read more »

Sekolah daif kerana kelemahan iltizam politik, kata gerakan belia

© Provided by Free Malaysia Today Kementerian Pendidikan baru-baru ini mendedahkan bahawa 1,311 sekolah di negara ini dalam keadaan daif. PETALING JAYA: Lebih seribu sekolah di negara ini berada dalam ... Read more »

Billie Eilish Reveals New Brunette Hair After Recently Going Blonde

Billie Eilish is going back to her roots. © Photo: @billieeilish/Instagram Billie Eilish The “Happier Than Ever” singer revealed her new brown hair on Instagram on Dec. 2, via DailyMail. She ... Read more »

The 11 best gaming earbuds of 2021

© Provided by Dot Esports While it’s true earbuds can’t carry the impact of a full gaming headset, earbuds have plenty to offer. They are generally cheaper than headsets and ... Read more »

India vs New Zealand Live Score, 2nd Test Match Updates: Agarwal, Saha look to build on Day 2

© Provided by Firstpost India vs New Zealand Live Score, 2nd Test Match Updates: Agarwal, Saha look to build on Day 2 08:08 (IST) Hello and welcome to our LIVE ... Read more »

Australia will win Ashes 3-0: Jason Gillespie

© Provided by Mid-Day Former Australia pacer Jason Gillespie is backing Australia to retain the Ashes urn with a 3-0 win in the five-match series under new skipper Pat Cummins. ... Read more »

All Final Fantasy XIV server populations

© Provided by Dot Esports When you first load into Final Fantasy XIV, you’ll need to find your character a new home, a realm. The options may seem limitless when ... Read more »

Rohit Sharma likely to be named Test vice-captain for South Africa tour

© Provided by The Times of India BCCI plans to start tour with Boxing Day Test NEW DELHI: Rohit Sharma’s evolution in the Indian team’s leadership group could reach another ... Read more »

EC man convicted for failing to tell police about overdose death

Dec. 3—EAU CLAIRE — An Eau Claire man has been convicted of failing to let police know a drug overdose victim died in his residence. The incident occurred nearly three ... Read more »

First Lady Jill Biden visits Cherokee Nation Immersion School

Read more »

Post Falls coffee shop shooter caught on video before fleeing

Dec. 3—Surveillance cameras captured the Wednesday shooting at Kokopelli Coffee in Post Falls that left two men injured, according to court documents filed Thursday. Post Falls police received multiple 911 ... Read more »

Antibiotics could have saved newborn baby's life, inquest hears

© Provided by Daily Mail MailOnline logo A four-day-old  baby died after a series of failings at a scandal-hit NHS trust where 15 babies have lost their lives since 2011. ... Read more »

Bathurst 1000: Mostert, van Gisbergen star in final practice

© Mark Horsburgh, Edge Photographics Chaz Mostert and Lee Holdsworth, Walkinshaw Andretti United Holden Commodore The first half of the hour-long session was largely dedicated to practicing stops with driver ... Read more »

Cannibalistic lancetfish washes up on a San Diego beach, the first one preserved there since 1996

Beachgoers discovered a 4-foot lancetfish washed up near the Scripps Institution of Oceanography at University of California, San Diego Tuesday. Although not particularly rare, researchers noted it was the first ... Read more »

Panchkula ramps up sampling, more oxygen storage units operational

© Provided by The Indian Express THE PANCHKULA district as well as health administration have started preparing for a rise in the number of Covid-19 cases. Important steps including increase ... Read more »

Pakistan mob lynches Sri Lankan factory manager over 'blasphemy', PM Imran Khan calls it 'a day of shame'

© Provided by Zee News Lahore: In a grisly incident, a top Sri Lankan executive of a garment factory was lynched and his body burnt by angry supporters of a ... Read more »

Netflix Releases Three New Games For Android Users - How To Download And Play

Netflix recently brought gaming to its platform with new games for both Android and iOS users. Now, the company has launched three new games for its platform for Android. The ... Read more »

Tower Semiconductor Ltd. (NASDAQ:TSEM) Is Going Strong But Fundamentals Appear To Be Mixed : Is There A Clear Direction For The Stock?

Most readers would already be aware that Tower Semiconductor's (NASDAQ:TSEM) stock increased significantly by 28% over the past three months. However, we decided to pay attention to the company's fundamentals ... Read more »

Missouri Republicans, anticipating blow to Roe v. Wade, push anti-abortion proposals

Missouri Republicans, encouraged by an upcoming U.S. Supreme Court decision many anticipate will severely reduce or eliminate the federal right to end a pregnancy, are poised to push an aggressive ... Read more »

BIR tightens watch over POGOs

© BW file photo BIR tightens watch over POGOs MANILA, Philippines — The Bureau of Internal Revenue (BIR) will start looking into the tax compliance of offshore gaming licensees (OGLs) ... Read more »

What are the Chances of a 'Made in the Philippines' COVID Vaccine?

© Provided by reportr.world New coronavirus variants highlight the need for countries to do their own research and development on COVID-19 vaccines, said a senior Philippines trade official, adding that ... Read more »

Jordanian flies the world from homemade basement cockpit

© Khalil MAZRAAWI Jordanian Muhammad Malhas, 76, operates his flight simulator which he has spent three years building from scrap and secondhand items at his home in the capital Amman ... Read more »

6 Christmas events in Singapore that will add festive cheer to your holiday

© Provided by Lifestyle Asia If the emergence of Omicron has dampened your Christmas spirit, fret not. This year, Singapore is home to an array of festive events and activities ... Read more »

South News Weekly Rewind: Samantha Ruth Prabhu visits ex-father-in-law Nagarjuna's studio, Valimai star Ajith requests everyone to stop calling him as Thala

© Provided by BollywoodLife.com It’s Saturday, time to catch up on all the stories that made it to the headlines over the past week. Among the newsmakers from the South ... Read more »

Hawkish Fed boosts value stocks' appeal for some investors

FILE PHOTO: An entrance to the NYSE on Wall Street in New York By David Randall NEW YORK (Reuters) – Some investors are preparing for a hawkish turn from the ... Read more »
On free-english-test.com you will find lots of free English exam practice materials to help you improve your English skills: grammar, listening, reading, writing, ielts, toeic