Alec Baldwin fired prop gun, killing 1 on movie set, Oct 2021 #5

[Chelly]

Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon.

Alec Baldwin, armorer to be charged with involuntary manslaughter in 'Rust' shooting

The Santa Fe district attorney announced Alec Baldwin will be charged with involuntary manslaughter in the Rust film set shooting.

www.kob.com

 

[RANCH]

Alec Baldwin charged with involuntary manslaughter in fatal 'Rust' shooting: district attorney

The district attorney announced charges in the death of Halyna Hutchins. The cinematographer died after a gun Alec Baldwin was holding fired on the set of "Rust."

www.foxnews.com

 

[RANCH]

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.

Whoever commits involuntary manslaughter is guilty of a fourth degree felony.

2018 New Mexico Statutes :: Chapter 30 - Criminal Offenses :: Article 2 - Homicide :: Section 30-2-3 - Manslaughter.

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

 

[GatorFL]

Nice work by the authorities.

 

[Elley Mae]

Bout time.

 

[RANCH]

Fourth degree felonies are the least serious of felonies, but make no mistake: they are still very serious. Crimes in this degree may include property damage, shoplifting items worth up to $2,500, burglaries, involuntary manslaughter, aggravated assault, identity theft, and possession of a controlled substance.

Penalties of a fourth degree felony in New Mexico include:

Standard: Up to eighteen (18) months in prison and a fine of $5,000

DWI Fourth offense: Mandatory minimum six (6) months in prison up to a maximum of eighteen (18) months in prison and a fine of $5,000.
DWI Fifth offense: Mandatory minimum one (1) year in prison up to a maximum of two (2) years in prison and a fine of $5,000.

What Is a Felony in New Mexico?

A felony charge is designated for the most serious crimes but less serious than misdemeanors. Under NMSA § 30-1-6, a felony in New Mexico is a crime

www.granolaw.com

 

[BetteDavisEyes]

Alec Baldwin to be charged with manslaughter in set shooting

Actor Alec Baldwin and a weapons specialist will be charged with involuntary manslaughter in the fatal shooting of a cinematographer on a New Mexico movie set.

apnews.com

SANTA FE, N.M. (AP) — Prosecutors announced Thursday that actor Alec Baldwin and a weapons specialist will be charged with involuntary manslaughter in the fatal shooting of a cinematographer who was killed in 2021 on a New Mexico movie set.

Santa Fe District Attorney Mary Carmack-Altwies issued a statement announcing the charges against Baldwin and Hannah Gutierrez Reed, who supervised weapons on the set.

Halyna Hutchins died shortly after being wounded during rehearsals for the Western “Rust” at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.

Authorities said assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon...

 

[RANCH]

Authorities said assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon.

Alec Baldwin charged in 'Rust' movie set shooting that killed Halyna Hutchins

Cinematographer Halyna Hutchins died shortly after being shot by actor Alec Baldwin during a rehearsal on the set of the Western movie “Rust" on Oct. 21, 2021.

www.kcra.com

 

[BetteDavisEyes]

Alec Baldwin to be charged with manslaughter in fatal 'Rust' shooting, DA says

Baldwin was rehearsing with a pistol while filming “Rust” in New Mexico in October 2021 when it went off, killing cinematographer Halyna Hutchins and wounding the director.

www.nbcnews.com

Oscar-nominated actor Alec Baldwin will be charged with involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on the New Mexico set of the Western movie “Rust,” prosecutors said Thursday.

Baldwin and the film’s armorer who was in charge of weapons on the set, Hannah Gutierrez-Reed, will each face two counts of involuntary manslaughter, according to New Mexico First Judicial District Attorney Mary Carmack-Altwies.

"Rust" first assistant director, David Halls, has agreed to plead guilty to negligent use of a deadly weapon, according to Carmack-Altwies' office.

“After a thorough review of the evidence and the laws of the state of New Mexico, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the ‘Rust’ film crew,” Carmack-Altwies said in a statement.

“On my watch, no one is above the law, and everyone deserves justice.”...

 

[Ceska]

I doubt a jury would convict him. He was handed a gun proclaimed cold, on the other hand the firearms specialist obviously did not check the gun. As far as I know Baldwin did not bring the gun to the set, that would be the job of the armorer. That's what they pay the prop handlers for. They need to find out who put live rounds in the gun.

 

[clearskies1]

Per the DA, the firearms enhancement makes one of the two involuntary manslaughter charges punishable by a mandatory 5 years in jail. BBM:

"Baldwin and Gutierrez-Reed will be “charged in the alternative” with the two counts of manslaughter, meaning that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty.
The first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.
The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, or added mandatory penalty, because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail."

https://www.facebook.com/1stJDA/posts/484222827217063

 

[PrairieWind]

This is interesting to me. Of course we don't know all the evidence the DA has, but as a criminal defense attorney, I see lots of holes here.

 

[RANCH]

David Hall did a plea agreement to a lesser charge. Link above.

2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 7 - Weapons and Explosives
Section 30-7-4 - Negligent use of a deadly weapon.​

Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor.

Once you've been convicted of a misdemeanor or petty misdemeanor, the judge will decide on the appropriate sentence, within the legal limits for your crime. New Mexico law sets the general penalties for misdemeanors and petty misdemeanors, as follows:

Misdemeanors: more than six months but less than a year in jail, and/or a fine of up to $1,000.
Petty misdemeanors: a jail term of less than six months, and/or a fine of up to $500.

2018 New Mexico Statutes :: Chapter 30 - Criminal Offenses :: Article 7 - Weapons and Explosives :: Section 30-7-4 - Negligent use of a deadly weapon.

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

New Mexico Misdemeanor Crimes by Class and Sentences

Learn how misdemeanor sentencing works in New Mexico, how previous convictions can affect your sentence, and when you might get probation instead of jail.

www.criminaldefenselawyer.com

 

[shotgun09]

I am wondering if the claims of AB not following/ refusing safety class and instruction on set, which was requested by HG ( AB and company's own hire ) has anything to do with the enhanced charges. LE eventually obtained his phone, which might have shown conversations, requests and refusals of said safety class.

 

[Chelly]

Key Factor is Negligence:
Complacency on the set, corner-cutting, low budget film. Safety factors overlooked.

Cast members target-practiced in down time, resulting in live rounds getting mixed in with blanks. Playing fast and loose in the NM desert.
my opinion only

 

[clearskies1]

I am wondering if the claims of AB not following/ refusing safety class and instruction on set, which was requested by HG ( AB and company's own hire ) has anything to do with the enhanced charges. LE eventually obtained his phone, which might have shownThe onl conversations, requests and refusals of said safety class.

The only enhancement I'm aware of is based on the fact that that a firearm was used in the alleged crime. JMO.

 

[steeltowngirl]

The Santa Fe district attorney, Mary Carmack-Altwies, announced the charges and plea deal on Thursday in a statement and on social media, without public appearances by prosecutors. Carmack-Altwies said the charges against both Baldwin and Gutierrez Reed had not yet been filed on Thursday but would be before the end of January.

“On my watch, no one is above the law, and everyone deserves justice,” Carmack-Altwies’s statement said. A statement attributed to the prosecutor Carmack-Altwies appointed to the case, Andrea Reeb, added: “If any of these three people – Alec Baldwin, Hannah Gutierrez-Reed or David Halls – had done their job, Halyna Hutchins would be alive today.”

An attorney for Hutchins’s husband, Matt Hutchins, issued a separate statement thanking Carmack-Altwies and calling the charges her office plans to pursue “a comfort”.

“We … fervently hope the justice system works to protect the public and hold accountable those who break the law,” said the statement attributed to attorney Brian Panish.

Alec Baldwin to be charged with involuntary manslaughter in fatal shooting on Rust film set

Film’s armorer overseeing weapons, Hannah Gutierrez Reed, will also be charged with involuntary manslaughter in 2021 shooting

www.theguardian.com

 

[RANCH]

I found this interesting.

No charges will be filed for the wounding of Souza. District attorney spokesperson Heather Brewer explained that there is no statute in New Mexico for unintentional battery, unless the shooting leads to death.

Alec Baldwin Will Be Charged With Involuntary Manslaughter in ‘Rust’ Shooting

The movie’s prop armorer faces the same charges. The assistant director, responsible for on-set safety, pleads guilty to negligent use of a deadly weapon.

www.vanityfair.com

 

[RANCH]

DBM

 

[clearskies1]

Is this unusual to announce that charges will be filed? Don't they usually file them and then announce?