I see why Hollywood is afraid of firearms - Alec Baldwin kills set employee

[cycleguy2300]

I'm not a legal scholar, and I sure didn't stay in a Holiday Inn last night either! But could negligent homicide be applied?

I didnt see NEGLIGENT HOMICIDE listed, but this was:

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30-2-5. Excusable homicide.
Homicide is excusable in the following cases:
A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or
B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner.

********
And
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30-2-8. When homicide is excusable or justifiable defendant to be acquitted.
Whenever any person is prosecuted for a homicide, and upon his trial the killing shall be found to have been excusable or justifiable, the jury shall find such person not guilty and he shall be discharged.

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I think the widely varied practices in the movie industry regarding terms and handling of "hot" guns and "cold" gums etc would make it exceedingly difficult for a prosecutor to prove a case beyond a reasonable doubt.

My non-lawyer opinion of course...



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[Sasquatch]

@cycleguy2300

This is what I was basing this on

Universal Citation: NM Stat § 30-2-3 (1996 through 1st Sess 50th Legis)

30-2-3. Manslaughter.

Manslaughter is the unlawful killing of a human being without malice.

A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.

Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.

B. 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.

The bold, italic, red text.

 

[majormadmax]

Doesn't matter, Baldwin is going to get breech-loaded in civil court!

 

[cycleguy2300]

@cycleguy2300

This is what I was basing this on



The bold, italic, red text.

Ah, I see what you're getting at.

Depends on what NM courts think due caution is. I think with the excusable homicide statute it would be tough for an attorney to prove beyond a reasonable doubt Baldwin didn't exercise due caution if his Arms Master OK'd what he was doing or a director said for it to be done. We shall see.

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[Renegade]

Doesn't matter, Baldwin is going to get breech-loaded in civil court!

Since shooting he has been sucking up to the Hutchins family, they literally have done press releases absolving him of responsibility.

 

[Sasquatch]

Since shooting he has been sucking up to the Hutchins family, they literally have done press releases absolving him of responsibility.

Damn, I figured a check with 6 or more zeros on it would take a week to clear - but maybe he just delivered a brief case full of cash to each instead.

 

[tonelar]

I saw last night that the incident has been ruled an "accident" and no charges will be brought. Is this true? Oy vey.

And several nauseating clips of Baldwin standing in the street and proclaiming his virtue and wanting to be a SJW for change in Hollyweird... less guns in movies, better safety standards, etc.

He not only comes out smelling like a rose, but his feet have been washed with rose water.

Color me unsurprised.

where’d you see this?

 

[bbbass]

where’d you see this?

There were video clips of him giving an interview, while standing in the street, on YouTube. I'd have to search my YT history if you want me to post them, but I gotta travel over the pass to see my kidney doc today, so it would prolly be later.

There is also this: https://www.breitbart.com/entertain...ted-in-limiting-use-of-firearms-on-film-sets/

 

[Renegade]

There were video clips of him giving an interview, while standing in the street, on YouTube. I'd have to search my YT history if you want me to post them, but I gotta travel over the pass to see my kidney doc today, so it would prolly be later.

There is also this: https://www.breitbart.com/entertain...ted-in-limiting-use-of-firearms-on-film-sets/

That is all it was him giving an impromptu interview on the side of the road nowhereville Vermont.

 

[toddnjoyce]

Ah, I see what you're getting at.

Depends on what NM courts think due caution is. I think with the excusable homicide statute it would be tough for an attorney to prove beyond a reasonable doubt Baldwin didn't exercise due caution if his Arms Master OK'd what he was doing or a director said for it to be done. We shall see.

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Totality of circumstances. Due to the number of negligent discharges of some type on the set and among other factors whether not the safety plan was being followed, a good prosecutor could connect the dots.

I still don’t think they charges will be filed.

 

[TX oddball]

Asshole Baldwin and his non-hispanic wife were caught on camera talking to the media. This guy is an idiot, totally trying to spin this tragedy away from him by using the press. And notice how the douchebag treats his wife. Good analysis by the guy hosting the video clip.

 

[bbbass]

That is all it was him giving an impromptu interview on the side of the road nowhereville Vermont.

Yes, did you think I meant of full blown official press statement?

 

[1911'S 4 Me]

I wouldn't watch that sob for 11 minutes, not even 1 minute.

 

[Renegade]

Yes, did you think I meant of full blown official press statement?

I thought you meant it was an accident and no charges will be brought.

Since you actually wrote "I saw last night that the incident has been ruled an "accident" and no charges will be brought."

 

[bbbass]

I thought you meant it was an accident and no charges will be brought.

Since you actually wrote "I saw last night that the incident has been ruled an "accident" and no charges will be brought." "Is this true?" (emphasis mine - bb)

No prob. I thought you were referring to my inclusion of the Breitbart link to his interview in a later post of mine in reply to @tonelar. My reference to the pathetic interview AB gave was to show what an dick he continues to be by NOW declaring he is going to be for less guns in Hollyweird movies, more safety rules, etc.


That is not where I read it was ruled an accident, I think it was on another gun forum, which is why I asked "Is this true?" You only quoted part of the statement I made in the opening paragraph of post #492. And so far nobody has answered that question. That said, a DDG search does not confirm any recent ruling or decision.

 

[Renegade]

That is not where I read it was ruled an accident, I think it was on another gun forum, which is why I asked "Is this true?" You only quoted part of the statement I made.

Like @tonelar, I was interested in where you saw the report. I didnt think it was true, but wanted to see the report you saw before stating it was not true as I had thought.

So in responding to @tonelar question where? You wrote "There were video clips of him giving an interview, while standing in the street,"

Which is not where you could have seen it, since that was just Baldwin playing the victim.

 

[bbbass]

Like @tonelar, I was interested in where you saw the report. I didnt think it was true, but wanted to see the report you saw before stating it was not true as I had thought.

So in responding to @tonelar question where? You wrote "There were video clips of him giving an interview, while standing in the street,"

Which is not where you could have seen it, since that was just Baldwin playing the victim.

Yeah well, pronoun trap, I thought @tonelar's question referred to the vids I mentioned. I hate pronoun use... even my own.

 

[Renegade]

Yeah well, pronoun trap, I thought @tonelar's question referred to the vids I mentioned. I hate pronoun use... even my own.

Well to confirm, no it is not true.

I think it will have to go to a grand jury, but not sure since it is New Mexico.

 

[bbbass]

Some good bullet points in this:

https://legalinsurrection.com/2021/...on-beginning-to-look-a-lot-like-manslaughter/

 

[benenglish]

Some good bullet points in this:

They need to be careful about:

there exists a series of safety rules for their responsible operation. These rules are well established and widely recognized—and there are only four of them.

Why?

• There are 4 rules only if you're learning from someone who can trace the source of their curriculum back to Col. Cooper.
• The official NRA materials (and, like it or not, the basic NRA Instructor courses are the foundational certs that anyone making money with firearms safety needs, the ones that every organization, private and public, recognizes) have 3 primary rules and another 7 secondary rules.
• The film industry has their own varying sets of rules that supposedly follow the 3 or 4 or 10 established rules but, critically, divide the responsibility for following those rules amongst different people.
• It is demonstrably true that for certain use cases (e.g., pure, traditional target shooting as practiced at the Olympics) at least 1 or 2 of the 3 or 4 or 10 rules do not apply and/or are not the responsibility of the person shooting the firearm.

Once the lawyers start arguing this, there's gonna be a lot of confusion.

From the current, official NRA training materials: