I wonder if Baldwin is more likely to be prosecuted as the one that held the gun, or in his capacity as the producer that allowed such poor on-set safety. I've seen reporting that the poor firearm...
I wonder if Baldwin is more likely to be prosecuted as the one that held the gun, or in his capacity as the producer that allowed such poor on-set safety.
I've seen reporting that the poor firearm safety was part of a much wider pattern on set that the crew had been raising strong concerns about. As producer, Baldwin would probably have some responsibility for that, and if the armourer is found to be very clearly negligent, I imagine he would be partially responsible for keeping her on despite that.
On the other hand, the way I've heard it described, prop firearm safety on set falls to the armourer and not the person handling the gun. They don't want actors messing around with carefully prepared props to check if there are rounds in there, so the armourer or someone in a related role performs those checks and hands the weapon directly to the actor.
these are criminal charges, so Baldwin being the one who pulled the trigger will be the primary thing. they already settled a separate civil lawsuit with Halyna Hutchins' widow, and for those...
I wonder if Baldwin is more likely to be prosecuted as the one that held the gun, or in his capacity as the producer that allowed such poor on-set safety.
these are criminal charges, so Baldwin being the one who pulled the trigger will be the primary thing. they already settled a separate civil lawsuit with Halyna Hutchins' widow, and for those civil torts (negligence and wrongful death) his role as producer would have been a much bigger thing, because it factors into determining degree of responsibility for damages.
this page has the legal definition of involuntary manslaughter under New Mexico law. emphasis added:
Manslaughter is the unlawful killing of a human being without malice.
...
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 might produce death in an unlawful manner or without due caution and circumspection.
I'll be surprised if this goes to trial, because I suspect a jury would have no problem finding Baldwin meets those criteria. no malice required, just that he acted without due caution and it caused Halyna Hutchins' death. and he was charged with an enhancement which carries a mandatory minimum:
They also will be charged with an enhancement for use of a firearm which carries a mandatory minimum sentence of five years.
I think the most likely outcome will be for Baldwin and Reed (the 24 year old lead armorer) to plead guilty in exchange for reduced charges, including dropping the mandatory minimum0 enhancement. they'll do a few months in jail (if at all) and it'll be at one of the bare-minimum-security facilities reserved for wealthy and high-status people.
0: I hate how misleading "mandatory minimum" is. they are only mandatory in the sense that they take away discretion from the judge and the jury. the net effect is that all the discretion rests with the prosecuting attorney and what charges they file.
I wonder if Baldwin is more likely to be prosecuted as the one that held the gun, or in his capacity as the producer that allowed such poor on-set safety.
I've seen reporting that the poor firearm safety was part of a much wider pattern on set that the crew had been raising strong concerns about. As producer, Baldwin would probably have some responsibility for that, and if the armourer is found to be very clearly negligent, I imagine he would be partially responsible for keeping her on despite that.
On the other hand, the way I've heard it described, prop firearm safety on set falls to the armourer and not the person handling the gun. They don't want actors messing around with carefully prepared props to check if there are rounds in there, so the armourer or someone in a related role performs those checks and hands the weapon directly to the actor.
these are criminal charges, so Baldwin being the one who pulled the trigger will be the primary thing. they already settled a separate civil lawsuit with Halyna Hutchins' widow, and for those civil torts (negligence and wrongful death) his role as producer would have been a much bigger thing, because it factors into determining degree of responsibility for damages.
this page has the legal definition of involuntary manslaughter under New Mexico law. emphasis added:
I'll be surprised if this goes to trial, because I suspect a jury would have no problem finding Baldwin meets those criteria. no malice required, just that he acted without due caution and it caused Halyna Hutchins' death. and he was charged with an enhancement which carries a mandatory minimum:
I think the most likely outcome will be for Baldwin and Reed (the 24 year old lead armorer) to plead guilty in exchange for reduced charges, including dropping the mandatory minimum0 enhancement. they'll do a few months in jail (if at all) and it'll be at one of the bare-minimum-security facilities reserved for wealthy and high-status people.
0: I hate how misleading "mandatory minimum" is. they are only mandatory in the sense that they take away discretion from the judge and the jury. the net effect is that all the discretion rests with the prosecuting attorney and what charges they file.
Definitely as a producer.
I think it's one of those cases where everybody loses no matter the outcome.