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https://www.nytimes.com/2023/01/19/arts/rust-shooting-charges-alec-baldwin.html

Alec Baldwin Will Be Charged With Involuntary Manslaughter in ‘Rust’ Killing
A gun that Mr. Baldwin was rehearsing with went off, killing the film’s cinematographer. The armorer responsible for weapons on set also faces manslaughter charges.

The actor Alec Baldwin will be charged with involuntary manslaughter for handling the gun that discharged on the set of “Rust,” killing its cinematographer, as will the movie’s armorer, who loaded the gun, prosecutors in New Mexico announced on Thursday.

Prosecutors said they would charge Mr. Baldwin with two counts of involuntary manslaughter, saying that he had a duty to ensure the gun and the ammunition were properly checked and that he should never have pointed it at anyone. “You should not point a gun at someone that you’re not willing to shoot,” the district attorney for Santa Fe County, Mary Carmack-Altwies, said in an interview. “That goes to basic safety standards.”

The criminal charges were a remarkable development in the career of Mr. Baldwin, 64, who has been a household name for decades — a leading man in films who hosted the Oscars and played Jack Donaghy in “30 Rock” and former President Donald J. Trump on “Saturday Night Live.”

Mr. Baldwin, both a producer and a lead actor in “Rust,” has long denied culpability for the shooting, noting that he had been told the weapon he was rehearsing with did not contain live ammunition and that he had no duty to check. “Someone is responsible for what happened, and I can’t say who that is, but I know it’s not me,” Mr. Baldwin said in a television interview last year. He has also said he had been simply following directions on where to point the gun when it went off, killing the film’s cinematographer, Halyna Hutchins, and wounding its director, Joel Souza.

In a statement on Thursday, a lawyer for Mr. Baldwin, Luke Nikas, said: “This decision distorts Halyna Hutchins’s tragic death and represents a terrible miscarriage of justice. Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win.”
Hannah Gutierrez-Reed, the armorer who was responsible for the weapons on set and loaded the gun that day, will also be charged with two counts of involuntary manslaughter. One of her lawyers, Jason Bowles, said his client was not responsible for involuntary manslaughter, calling the investigation into the case “flawed.”

In exchange for a suspended sentence, the film’s first assistant director, Dave Halls, who handed Mr. Baldwin the gun, agreed to a plea deal, admitting there was sufficient evidence to convict him of negligent use of a deadly weapon. A lawyer for Mr. Halls, Lisa Torraco, said in a statement that “he can now put this matter behind him and allow the focus of this tragedy to be on the shooting victims, their family and changing the industry so this type of accident will never happen again.”
The prosecutors said they had determined it was part of film industry standards for actors to ensure that the guns they use on set were safe for them to handle, saying they had interviewed several actors who spoke to the importance of those protocols. Mr. Baldwin has pushed back on that idea, saying that in his experience on film sets it was not the practice for actors to check their own guns.

Andrea Reeb, a special prosecutor on the case, said Ms. Gutierrez-Reed was also responsible for ensuring that the guns on the set did not contain live rounds, saying that she should have taken each round out of the gun and shaken them in front of the actor — a practice that helps confirm the rounds are dummies, inert cartridges used to resemble real bullets in a film.

“We’re trying to definitely make it clear that everybody’s equal under the law, including A-list actors like Alec Baldwin,” Ms. Reeb said. “And we also want to make sure that the safety of the film industry is addressed and things like this don’t happen again.”

If a jury found Mr. Baldwin or Ms. Gutierrez-Reed guilty, it would choose between the two manslaughter charges. The more serious one includes a firearm enhancement and a mandatory five-year sentence; the other charge carries a sentence of up to 18 months.
 
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HUGE write up about it, so I didn't post it all, but the thing I find interesting is the fact that the the husband of the deceased negotiated a producers credit/pay check on the film in the wrongful death settlement, when they start shooting again.
 
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Ya'll think old Alec is gonna follow up with the threat he made when George W. Bush won the Presidency the first time - and,
move to France?

Rerun
 

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We all knew that this was coming. There were many who said at first that, "well, he's an actor so it's the armorer's problem," others who said, "he'll just get away with it because he's famous and a lefty," but as the months wore on, the industry safety standards from multiple sources, which he personally ignored, came to light and put the first argument to bed, then the fact that it kept popping up in the news over and over put the second to bed; he's just not a powerful enough lefty to get away with it under this much pressure.

Yup, we all knew it was coming. I just wish it would have come sooner. Justice for the victims hasn't been swift.

Now the only question is does he cop, negotiate a plea, or go to trial? I'm betting he goes to trial just based on the noises his lawyer is currently making and the mule muffins he was spreading all the way up til now.

Peace favor your sword,
Kirk
 

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Why 2 counts ? I thought only one person was killed and a second injured?
"If a jury found Mr. Baldwin or Ms. Gutierrez-Reed guilty, it would choose between the two manslaughter charges. The more serious one includes a firearm enhancement and a mandatory five-year sentence; the other charge carries a sentence of up to 18 months."

Basically the jury gets to choose between "regular" or "aggravated" by including the firearm.
 

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Given everything involved…that is probably a pretty good charge, good chance of getting a verdict.

Next big discussion point…if found guilty, will he serve real time?
 
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Given everything involved…that is probably a pretty good charge, good chance of getting a verdict.

Next big discussion point…if found guilty, will he serve real time?
Well with them having already settling the wrongful death lawsuit and the third co-defendant taking a plea in exchange for probation on a negligence charge that he was required to admit to in open court. I could see a nolo contendere plea from Baldwin. The armorer will need to fight it tough and nail if she wants to keep her career though.

Both charges are felonies but could result suspended sentences with huge fines even with convictions.
 

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He needs to see jail time over his callous disregard for the family. He came out of the gate denying he pulled the trigger.
It's unlikely. He's only been charged with Manslaughter 2 ("Involuntary Manslaughter"). It recognizes that (if convicted) the defendant did not break a law but negligently broke a Standard of Care which lead to a death.

It would be somewhat akin to a building Contractor who deliberately failed to check if a load bearing was put up with 2x2's while knowing that the industry standard is 4x4 but was there wasn't a specific housing code for it, just a couple of decades worth of Union documents stating the standard should be 4x4. OK, so it's not a perfect comparison.

Anyway, the charge is that Baldwin didn't break a specific Black Letter law but, instead, killed Hutchinson by failing to check if the gun was loaded with real ammo, pointing it at her, and then working both the action and the trigger despite the fact that he knew or should have known these basic safety rules which are, in fact, specifically enumerated by various acting unions and guilds, including SAG. And this is on top of the fact that there had been numerous safety complaints on the set of that movie which Baldwin, as the Producer, is legally responsible for.

Sentencing standards in Cali for Involuntary Manslaughter are 2-4 years, up to $10K, and a felony record. Guidelines, from what I can find allow judges considerable flexibility in deferring sentence or allowing alternate locations of incarceration such as Jain instead of Prison, or even (apparently) forms of monitored house arrest.

So, while he could be sentenced to as much as 4 years in Prison, it just doesn't seem likely. Maybe a few months in Jail (instead of Prison) and then parole.

And, to be honest, 2-4 years is arguably a lot more just than, say, the death penalty. I mean it's not as if he was a known alcoholic on court-ordered dry-out who got drunk then drove his car through a playground full of toddlers. He negligently killed someone through stupidity and arrogance by deliberately failing to follow published industry safety docs. Yes, he's a giant fapping douche-cannoe who would make the world a better place if he applied liquid nails to his lips and keep his bitsy brain out of politics but he's not guilty of Malice Murder.

Peace favor your sword,
Kirk
 
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It's unlikely. He's only been charged with Manslaughter 2 ("Involuntary Manslaughter"). It recognizes that (if convicted) the defendant did not break a law but negligently broke a Standard of Care which lead to a death.

It would be somewhat akin to a building Contractor who deliberately failed to check if a load bearing was put up with 2x2's while knowing that the industry standard is 4x4 but was there wasn't a specific housing code for it, just a couple of decades worth of Union documents stating the standard should be 4x4. OK, so it's not a perfect comparison.

Anyway, the charge is that Baldwin didn't break a specific Black Letter law but, instead, killed Hutchinson by failing to check if the gun was loaded with real ammo, pointing it at her, and then working both the action and the trigger despite the fact that he knew or should have known these basic safety rules which are, in fact, specifically enumerated by various acting unions and guilds, including SAG. And this is on top of the fact that there had been numerous safety complaints on the set of that movie which Baldwin, as the Producer, is legally responsible for.

Sentencing standards in Cali for Involuntary Manslaughter are 2-4 years, up to $10K, and a felony record. Guidelines, from what I can find allow judges considerable flexibility in deferring sentence or allowing alternate locations of incarceration such as Jain instead of Prison, or even (apparently) forms of monitored house arrest.

So, while he could be sentenced to as much as 4 years in Prison, it just doesn't seem likely. Maybe a few months in Jail (instead of Prison) and then parole.

And, to be honest, 2-4 years is arguably a lot more just than, say, the death penalty. I mean it's not as if he was a known alcoholic on court-ordered dry-out who got drunk then drove his car through a playground full of toddlers. He negligently killed someone through stupidity and arrogance by deliberately failing to follow published industry safety docs. Yes, he's a giant fapping douche-cannoe who would make the world a better place if he applied liquid nails to his lips and keep his bitsy brain out of politics but he's not guilty of Malice Murder.

Peace favor your sword,
Kirk

This is happening in New Mexico, not Cali, and he's being charged with 2 counts of 4th degree involuntary manslaughter. The lesser carries 18 months and a $5,000 fine. The second charge with the firearm included carries 3-5 years.

I'm still predicting a no contest plea to the lesser charge, 3-5yrs of probation, and a fine.
 

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I can't remember the reason but they claimed the armorer was not qualified. Why the heck am I wanting to get caught up in this bullshit?
 

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Mickey Rourke says he shouldn't be charged because Baldwin doesn't know how to handle a gun. Because he isn't a gun guy. Its the weapon armors fault.
So it's settled then let him off.

Rourkes opinion is as important as Penns. We should all bow down to their greatness
 

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I can't remember the reason but they claimed the armorer was not qualified. Why the heck am I wanting to get caught up in this bullshit?
Actually, this was the daughter of a well known master armourer on her 2nd job. Baldwin as producer skipped so many safety protocols that 1/2 the staff quit days before this happened! It's unfortunate her career is ruined because of being bullied by this douchebag! So many safety protocols were not followed because of Baldwin trying to save money that the set became unsafe. That all came out at the very start of this but SAG is covering for him the best they can.
 

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Well, Baldwin said he didn't pull the trigger. So he's obviously innocent. It was a movie gun after all. Anything can happen in a movie. :rolleyes:
 
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