Aha! As I suspected, Baldwin is being charged not just because he was holding the gun at the time, but because he was a producer on the movie and was (partially) responsible for the loose-safety on the set.
I was trying to come up with some scenario where it fit with the dictionary definition of “manslaughter”, and really commenting on the “manslaughter” vs. “manslaughter during a legal act”. If they wanted extra severity if a gun is involved, then it should be “manslaughter during a legal act with a firearm”.
Think of it this way: Have you ever seen a scene where a gun is pointed at the camera? Unless the camera is unmanned, that scene involved pointing a gun at whoever was operating the camera.
Just a quick example would be the intro to most or all James Bond films. Googling turned up a discussion from 2010 listing examples:
But you seem to rule out manslaughter during an illegal act” in that. Because to be clear, not all deaths resulting negligently from illegal acts will be murder.
Point is, there are doubtless other legal acts that could result in death through negligence, so the law doesn’t only cover deaths that must necessarily involve firearms. Hence the enhancement being invoked where there is a firearm above and beyond the punishment for similarly legal acts resulting in death through negligence that don’t involve firearms.
It seems quite reasonable for him to be charged as a producer.
Does this imply that the D.A. is less clueless? I’m not sure how these things usually go - if the fundamental plan is to prosecute him as a producer, would it be normal practice to tack on any aspect you might conceivably get him for at this stage, just so you haven’t ruled it out if more facts come to light, or to give you more leverage in a plea bargain? Or does it weaken your position as a prosecutor if you are less focused?
If that’s so, what about the other 10+ producers on the film? Why no charges against any of them? I think he was charged because he was the shooter and he was famous.
Does anyone remember the name of the actor that shot Brandon Lee was? Or what he was charged with? That’s the last shooting related death I recall from a movie. Bolding is mine.
After an investigation, District Attorney Jerry Spivey said no criminal charges would be filed (against Michael Massee) over Lee’s death because while negligence was a factor, there was no evidence of criminal wrongdoing, the Times reported in 1993.
I think this DA wanted a higher profile and an extra $300,000 to throw around. I’d like to know what that was spent on. Almost a year and a half investigating and this is the best she can do? Especially since some of the news stories say they knew almost immediately that Baldwin would be charged with negligent homicide.
Does anyone know what the plea deal was for Dave Halls, the AD who declared the gun “cold” before handing it off to Baldwin? This was the first I remember hearing about that.
They still have to have the equivalent of a grand jury to see if there is a threat of trial. Except instead of a grand jury it will be a judge deciding.
He pleaded guilty to Negligent Use of a Deadly Weapon – Applicable NM law:
I am presuming under this part of the definition:
A. Negligent use of a deadly weapon consists of:
(…)
(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
(…)
Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor.
As to the possible penalty:
31-19-1. Sentencing authority[;] misdemeanors; imprisonment and fines; probation.
A. (…)
B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge.
C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension.
ISTM he pleaded to what he could to avoid a felony charge.
Baldwin’s lawyers will probably look for some kind of deal with lowered charges.
Baldwin could agee to a statement that he didn’t give orders for staff to properly investigate the earlier safety incidents. Gutierrez-Reed was too inexperienced and Baldwin should have insisted production bring in more help.
The DA wants him to accept responsibility.
John Wayne made pictures through Batjac. I bet he would have personally cussed out people for gun safety violations and demanded changes. He was pretty hands on. His mentor was John Ford and he was known as a terror on set.
Something of an aside, I remember reading that Chuck Conners and Paul fix took extra care to teach gun safety to the young actor Johnny Crawford during the filming of the Rifleman.
I was commenting on the statement that he was charged because of his producer status making him responsible for set safety. If that’s true, every other producer should have been charged with negligence also. I believe Baldwin’s producer status was just another way to boost his payday. He had no money invested in the film and I doubt he did any producer function at all.
Man, did he get a deal. Six months in jail OR $500 fine. This is the guy that took the gun off the prop cart without checking it’s status with the armorer. He then didn’t check it himself, just handed it to Baldwin and told him it was a “cold gun.” He was the one that actually brought the live round on the set and told Baldwin everything was set to go.
Up to him, of course, but I think it he could win at trial. He could parade dozens of famous actors thru that will testify about how actors have no knowledge of guns and just take the word of the experts on whether a gun is safe. I’d guess whatever gun safety classes given are minimal and do not deal with live rounds. I also highly doubt that armorers show ADs that each individual round is safe by taking them out of the gun and shaking them so you can hear the BBs in them. I doubly doubt that the AD then does the same in front of the actor.
I also think he could bring a bunch of “producers” in that would testify that they have no power over what happens on set, don’t know what happens on set, and the producer tag is just about getting them some extra money.
From the analyses I’ve seen, the prosecutors’ case is terrible.
A muddled argument on why Baldwin is responsible*, conceding that other people in the chain may at least be partly culpable, and rhetorical talk of “Hollywood elites”.
I haven’t heard anyone that has gone into the detail of the charges that thinks their case has merit.
I’d still consider going to trial as a roll of the dice though.
* e.g. Saying you’re charging him for both his role as actor and producer might sound reasonable but AIUI, in legal arguments it’s much preferred to have a single, clear argument.
Here’s what the Screen Actor’s Guild has commented about Baldwin being charged:
I don’t know how to resolve the inconsistency between this and their 2009 bulletin that you quoted.
But I think the bulletin might have been more describing the ideal case than implying liability.
Yeah, well, maybe his lawyers said “Dude, take this deal or you’ll get hammered in an actual trial, pay the $500, and be done with it”. In which case he acted smart and in his own self-interests. And his lawyer(s) earned the paycheck.
This could just as easily backfire if a jury of everyday New Mexicans feels like they’re being lectured to by a bunch of rich Hollywood assholes. Safer to cut a deal.
I do expect that this will result in some bills in the NM and various other state assemblies to specify that in the future “mere” negligent use cases such as what the AD copped to here, are not so “mere” and merit an added penalty.
One doesn’t want to have to think of it this way, but… I could see a prosecutor being political and thinking, this way we can just point and say to everyone, see, we ARE charging the Big (Liberal) Star with a crime and taking him to trial (they already wouldn’t be able to avoid attacks from the Right that he should have been charged with worse, or that she should have done anything to find him guilty), we are not privileging him, and if he skates it’s because he had slick expensive lawyers or the jury could not agree, hate them, it’s no longer our problem. If she said up front, look, it was an accident, at most I can levy a $500 fine (as with the AD), everyone would be on fire.
There are already some well known actors who say the exact opposite - that they educated themselves about guns and use their knowledge to make sure they guns they’re handed on set are safe and they know what’s in them.
I’m not a rabid fan of Alec Baldwin. I never followed him in entertainment news, but what little I’ve seen of him, he struck me as somewhat boorish and perhaps even antagonistic at times.
But, IMO, Baldwin is guilty of no crime (misdemeanor or criminal) regarding the death of Halyna Hutchins. It was an accident pure and simply. An accident that any number of actors or non-actors may have succumbed to in the same circumstance, even me.
If any negligence was involved in Baldwin’s actions, it was minor and unintended. He clearly showed remorse for his actions, immediately after she was shot and thereafter. I believe Hutchin’s death affected him deeply. He may be boorish, but he appears to have a heart.
Does Baldwin bear more culpability as a producer on the film? I don’t know, perhaps. Someone (s) were certainly morbidly negligent somewhere along the line. I believe someone should be held criminally accountable for Hutchin’s death, I just don’t believe that person (s) should be Alec Baldwin.