Alec Baldwin Fatally Shoots Crewmember on Film Set

[Troy McClure]

Turns out a good defense team is able to poke a number of holes in a shoddy prosecution. First they caught prosecutors bringing unconstitutional charges. Then they caught the special prosecutor violating the law by accepting his role, so now he has to step down.

 

[Troy McClure]

The first slap on the wrist has arrived.

David Halls, 1st assistant director on the film, has formalized a plea deal to a misdemeanor charge of negligent use of a deadly weapon. Halls will do no jail time, instead receiving a six month sentence of unsupervised probation, a $500 fine, 24 hours of community service, and a requirement to take a gun safety class.

Motion to be filed over "inaccurate" charges in 'Rust' case

“We are going to file motions to have the firearm enhancement thrown out," said Jason Bowles, attorney for 'Rust' armorer Hannah Gutierrez-Reed

www.koat.com

 

[Mario_is_BACK!!]

Charges dropped

Alec Baldwin’s charges dropped in ‘Rust’ shooting case, attorneys say

Prosecutors said "new facts" surfaced in recent days that require additional investigation and forensic analysis.

www.nbcnews.com

 

[Beau Knows]

That's definitely going to piss off the people who decided they already knew exactly what happened that day and who was at fault for it (see below).

 

[The Crypto Guy]

Everyone already knew he was never going to see any jail time. Money always talk.

That poor family of Ms Hutchins will never see justice over Baldwin's incompetence and recklessness . Very sad.

Almost as sad as some people cheering on that he wont face any charges, sad all around.

 

[tarheelhockey]

That's definitely going to piss of the people who decided they already knew exactly what happened that day and who was at fault for it.

I wouldn't be surprised in the slightest if this ends up with Baldwin suing the state.

 

[RobBrown4PM]

Don't have a dog in this fight. The subsequent civil lawsuit should be interesting though.

 

[DaaaaB's]

I wouldn't be surprised in the slightest if this ends up with Baldwin suing the state.

As he should, he was no more at fault than any of the other producers which is to say not really at fault at all. People can complain about them being cheap but it was a low budget film just like hundreds of others that get made every year that also cheap out. Unfortunately, this one had an armorer who completely screwed up.

 

[Richard]

Everyone already knew he was never going to see any jail time. Money always talk.

That poor family of Ms Hutchins will never see justice over Baldwin's incompetence and recklessness . Very sad.

Almost as sad as some people cheering on that he wont face any charges, sad all around.

I explained in this thread numerous times that Baldwin did nothing even arising to NEGLIGENCE (personally) let alone violate standards to the level of criminal charges.

It was a publicity stunt by a George Storos DA and Baldwin should sue the shit out of them (but dismissed pending means that prosecution will bring charges again if he tries to sue).

It was a joke

 

[The Crypto Guy]

I explained in this thread numerous times that Baldwin did nothing even arising to NEGLIGENCE (personally) let alone violate standards to the level of criminal charges.

It was a publicity stunt by a George Storos DA and Baldwin should sue the shit out of them (but dismissed pending means that prosecution will bring charges again if he tries to sue).

It was a joke

Yea, keep thinking he has nothing to do with her being killed.

 

[Troy McClure]

Don't have a dog in this fight. The subsequent civil lawsuit should be interesting though.

Her family already sued and settled. My guess is they got a lot of money.

 

[The Crypto Guy]

Her family already sued and settled. My guess is they got a lot of money.

Only the wife settled. Not the rest of the family.

Cinematographer Halyna Hutchins' parents, sister sue Alec Baldwin over 'Rust' shooting

The parents and sister of Halyna Hutchins, the cinematographer in the "Rust" on-set shooting, have filed a new lawsuit against Alec Baldwin, their attorney said.

abcnews.go.com

 

[Troy McClure]

Everyone already knew he was never going to see any jail time. Money always talk.

That poor family of Ms Hutchins will never see justice over Baldwin's incompetence and recklessness . Very sad.

Almost as sad as some people cheering on that he wont face any charges, sad all around.

All his money bought was a quality lawyer who was able to figure out the prosecution was run by incompetent attention whores.

The special prosecutor brought unconstitutional charges and cared more about getting on camera than running a quality prosecution.

 

[The Crypto Guy]

All his money bought was a quality lawyer who was able to figure out the prosecution was run by incompetent attention whores.

The special prosecutor brought unconstitutional charges and cared more about getting on camera than running a quality prosecution.

Yea, makes you wonder how someone that good at their job, who got that high up by NOT making those types of mistakes, made such an obvious mistake that would have known it gets dismissed. Hmm.

 

[Troy McClure]

Only the wife settled. Not the rest of the family.

Cinematographer Halyna Hutchins' parents, sister sue Alec Baldwin over 'Rust' shooting

The parents and sister of Halyna Hutchins, the cinematographer in the "Rust" on-set shooting, have filed a new lawsuit against Alec Baldwin, their attorney said.

abcnews.go.com

You mean the husband settled.

And you're going to be mad at me for saying this, but this other lawsuit is going to get tossed out. Only the husband can sue for wrongful death. Every living family member can't each go file their own wrongful death lawsuit.

 

[Troy McClure]

Yea, makes you wonder how someone that good at their job, who got that high up by NOT making those types of mistakes, made such an obvious mistake that would have known it gets dismissed. Hmm.

The special prosecutor didn't know. That's what made the whole thing a problem of incompetence. When the judge tossed out the unconditional charge, the prosecutor threw a hissy fit when their stupid mistake was caught.

 

[Tonneau]

The special prosecutor didn't know. That's what made the whole thing a problem of incompetence. When the judge tossed out the unconditional charge, the prosecutor threw a hissy fit when their stupid mistake was caught.

No, no, NO! It's a conspiracy!

 

[The Crypto Guy]

You mean the husband settled.

And you're going to be mad at me for saying this, but this other lawsuit is going to get tossed out. Only the husband can sue for wrongful death. Every living family member can't each go file their own wrongful death lawsuit.

Yes, sorry Husband, not sure why I wrote wife.

 

[John Price]

He's still a dishonest "jagoff" but hey at least he won't face any time cause he brought off the allegations

 

[Babe Ruth]

The gun wasn't supposed to be loaded at all..

This is the crux of the issue from my perspective..
Do movie sets in New Mexico receive a unique legal dispensation when handling firearms? If someone knows, please advise..

Because it seems like a legally irrelevant defense for a shooter (in this case Baldwin) to say he didn't know the gun held live rounds.
Many years ago a kid in my neighborhood shot a guest at his house party and killed her. Basically everybody at the party ended up testifying the shooter had no malice, and he didn't realize there was a bullet in the chamber. But he was still charged, and convicted of manslaughter. This wasn't NM, so I'm wondering do movie sets have some extralegal standards? Because otherwise who cares if the defense lawyers claim it was the armorers professional responsibility.. the shooter usually has his/her own legal culpability for firing the gun.. where New Mexico is proceeding like a movie set frees you from that normal standard of individual responsibility?

 

[Richard]

This is the crux of the issue from my perspective..
Do movie sets in New Mexico receive a unique legal dispensation when handling firearms? If someone knows, please advise..

Because it seems like a legally irrelevant defense for a shooter (in this case Baldwin) to say he didn't know the gun held live rounds.
Many years ago a kid in my neighborhood shot a guest at his house party and killed her. Basically everybody at the party ended up testifying the shooter had no malice, and he didn't realize there was a bullet in the chamber. But he was still charged, and convicted of manslaughter. This wasn't NM, so I'm wondering do movie sets have some extralegal standards? Because otherwise who cares if the defense lawyers claim it was the armorers professional responsibility.. the shooter usually has his/her own legal culpability for firing the gun.. where New Mexico is proceeding like a movie set frees you from that normal standard of individual responsibility?

I've explained this many times --- as an actor you, legally, use firearms in a way that in any normal sense of society would be a criminal act -- IE you point it towards other people, move in a dangerous way, etc. It is not, nor has it ever been, the job of the actor to make sure a prop gun is safe. To suggest otherwise is ludicrous. You need a trained professional, with an entirely differing standard of care, to be in full charge of such items.

Which is why Baldwin cannot be sued from a personal negligence standpoint --- it is NOT negligent for him, personally, as an actor, to have pulled the trigger, aimed at someone else, etc. Society in general and the law in specific have special circumstances for such individuals (IE you can carry sword if you are an actor heading to a performance in public etc.) as part of their craft and trade.

Do you want to watch an action movie ever again? Well, then Baldwin cannot be held liable in his capacity as an actor.

For your manslaughter example, there is no need, from the standpoint of society, to pull a gun out at a party. There is no special circumstance for an absolution of liability. There were no armorers or trained professions to guide and direct the use of the firearm. A drunk person playing a drunk game does not enjoy the same legal categorization as an actor on stage. Your example is essentially the definition of manslaughter -- ie death without intent which occurs higher than negligence (civil law). You kill someone in a car crash due to wet conditions -- negligence. You kill someone in a car crash sunny day, you are drunk, smoking a joint and going 30 over the speed limit -- manslaughter (or whatever vehicular homicide statute).

It is all about degree and factual situation.

 

[Richard]

Yea, makes you wonder how someone that good at their job, who got that high up by NOT making those types of mistakes, made such an obvious mistake that would have known it gets dismissed. Hmm.

Prosecutors are elected and are, in general, hacks. Assistant DA's, aka DA's who are hired and are there for employment, are generally average to very very good.

Elected District Attorneys are political hacks.

 

[Troy McClure]

Prosecutors are elected and are, in general, hacks. Assistant DA's, aka DA's who are hired and are there for employment, are generally average to very very good.

Elected District Attorneys are political hacks.

And in this case, the local DA didn't want to handle the case and asked another to act as the special prosecutor. The special prosecutor in question was Andrea Reeb, a Republican who was running for a spot in New Mexico's state legislature. Reeb joked in an email taking this case was going to help her campaign, and she did win her election.

I only bring up the party stuff to highlight how silly the conspiracy talk is that Baldwin was able to pay off prosecutors to throw the case. Baldwin's money had nothing to do with this outcome other than it allowed him to hire a competent lawyer to poke holes in a shoddy prosecution.

 

[RobBrown4PM]

This is the crux of the issue from my perspective..
Do movie sets in New Mexico receive a unique legal dispensation when handling firearms? If someone knows, please advise..

Because it seems like a legally irrelevant defense for a shooter (in this case Baldwin) to say he didn't know the gun held live rounds.
Many years ago a kid in my neighborhood shot a guest at his house party and killed her. Basically everybody at the party ended up testifying the shooter had no malice, and he didn't realize there was a bullet in the chamber. But he was still charged, and convicted of manslaughter. This wasn't NM, so I'm wondering do movie sets have some extralegal standards? Because otherwise who cares if the defense lawyers claim it was the armorers professional responsibility.. the shooter usually has his/her own legal culpability for firing the gun.. where New Mexico is proceeding like a movie set frees you from that normal standard of individual responsibility?

Movies have armorers on-set. Armorers are in charge of maintaining the firearms the actors use. Responsibility for the make up of the guns ends at them. The actors on-set are there to pull the trigger or w/e during a scene, that's it. They shouldn't be expected to know the status of the gun as there are skilled professionals hired for that exact reason. If you want precedence, Crow is a great take away.

 

[Jussi]

Movies have armorers on-set. Armorers are in charge of maintaining the firearms the actors use. Responsibility for the make up of the guns ends at them. The actors on-set are there to pull the trigger or w/e during a scene, that's it. They shouldn't be expected to know the status of the gun as there are skilled professionals hired for that exact reason. If you want precedence, Crow is a great take away.

The medias over here that reported on this outcome also mentioned that the weapon had been altered before filming which might speak in favor of Baldwin's defense that he didn't even pull the trigger.

This part from the article linked earlier:

The Los Angeles Times and Wall Street Journal reported the new information in the case was that the prop gun used in the deadly shooting had been modified. A source close to the investigation confirmed that reporting to NBC News.

Edit: already talked about.