Will Alec Baldwin be Prosecuted for Involuntary Manslaughter?

Alec Baldwin
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The burning question on everyone’s mind is whether Alec Baldwin will be prosecuted for involuntary manslaughter for the fatal shooting of cinematographer Halyna Hutchins.

The jury instructions define negligence as whether one acts so different from the way that an ordinary careful person would act in the same situation.

Applying that to Baldwin, would a reasonable person standing in Baldwin’s shoes have acted any different than Baldwin prior to firing the weapon?

Baldwin would argue that a reasonable person would rely on the expertise of the prop manager to make sure that the weapon did not have live rounds in it.

The prosecutor would counter that Baldwin had notice of unsafe conditions because hours prior to the incident, reports of unsafe conditions were made to him. Therefore, he had an elevated duty to inspect the gun prior to shooting it.

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Baldwin would respond that the complaints being lodged about working conditions did not logically extend to fundamental gun safety protocols, which solely were the responsibility of the prop manager. In other words, this tragic accident would have happened regardless of the staff complaints being addressed.

It’s important to keep in mind that the prosecutor would have to prove beyond a reasonable doubt that Baldwin acted unreasonably and that his irresponsible actions resulted in the death of Halyna Hutchins.

The fact that Baldwin can deflect responsibility to the prop manager would make it very difficult for a prosecutor to convict him.

Zerega Consulting

Even if Baldwin is not prosecuted, he still has to live with guilt of pulling the trigger. His life and the lives of the Hutchins are forever changed. And there is no true legal remedy for that.

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Comments 3

  1. M.Cain says:

    Gerald, you could certainly try to argue negligence, but are actors considered, by nature, responsible and expert gun handlers? Moreover, is it reasonable to expect those who primarily act to have gone through extensive firearm safety training when using dummy props, especially when there is someone specifically designated as the “on-scene weapons expert and handler?” I would argue had there been no person/position/expert paid to shoulder the responsibility of on-set weapon safety, particularly with regard to guns, you may have something. That said, if you take your vehicle to have the brakes fixed, leave the shop expecting them to be sound (it is, after all, their primary job) and on the ride home they fail and you kill someone, are you still negligent? No, and neither is Mr. Baldwin, for the EXACT same reason.

  2. Gerald Livingston says:

    As a responsible person, anyone who knows anything about firearms in general and hand guns in particular, they are always loaded when a person take one in hand. It is the responsibility of a reasonably careful gun handler to determine for himself that the weapon is not loaded, even if he/she is told that it is safe. The rule of a reasonably careful handler is it is always loaded until one eyeballs that it is empty of a live round. Anything less, is pure negligence and if a person is killed it is called negligent homicide. Take responsibility Mr. Baldwin for your carelessness and don’t lay this incident off on the proper handler. You are throwing him under the bus to save your own hide.
    You will probably get a non-adjudicated result in any case or probation if convicted. But rest assured you will face a civil trial no matter how things go with a criminal trial.

  3. Rhenne Leon says:

    I hope Baldwin is prosecuted for involuntary manslaughter. He is a person that has been screaming for gun control by the Government and he fires a gun (loaded or unloaded) on the set of his movie. As a member of the NRA, a citizen of the U.S. and a protector of the Constitution with an open carry license – you KNOW that you should never point a gun until it is thoroughly checked.

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