Alec Baldwin may be recharged with Rust gun death because of 'additional facts'

MicroWave@lemmy.world to News@lemmy.world – 63 points –
Alec Baldwin may be recharged with Rust gun death because of 'additional facts'
bbc.com

New Mexico prosecutors plan to recharge Alec Baldwin with involuntary manslaughter over a fatal on-set shooting in October 2021.

The prosecutors dismissed charges against the Emmy award-winning actor in April, just two weeks before his trial was due to start.

But "additional facts" merit bringing the case again before a grand jury next month, they said.

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Out of all the people that know 100% Baldwin is guilty of manslaughter, how many would flip their opinion in an instant if Trump killed someone while filming a pro gun campaign ad?

100%? How is that?

A learned intermediary handed him a dangerous tool and said it was good to go.

If the pharmacist gives you the wrong pills filling a script for your kid, and your kid takes them and dies, you're not liable for manslaughter.

It is generally reasonable to rely on the professional representations of a learned intermediary, especially in a case where the intermediary's profession is so life-and-death important.

This was the armorer's one contractual duty. As a producer, Baldwin took reasonable steps to protect the victim by hiring a professional armorer. That satisfies a principal's nondelegable duty for general safety, imo. Maybe he is culpable for negligent hiring or negligent supervision, not for manslaughter, though.

Further, what are you saying was Baldwin's duty, here? To--after the person hired solely to inspect, load, and handle the guns, handed it to him and said it was safe--clear the chamber, take out the magazine, and inspect and reload each cartridge? Baldwin's duties are those of an actor, not an armorer.

If you hire a painter, does that impute a duty on your part to test the paint for lead? No, it's the painter's duty to perform her contract as a reasonable tradesperson.

These are some gaping holes in your 100%.

If he was a non producer, then you would have a stronger argument, but as a producer he may have been negligent in hiring someone unqualified.

In a normal setting, pointing a gun at a person would be negligent, even if you believed it was empty. I don't know the industry standard on movie sets, but pointing a real gun at a human when not in a scene would be at least careless, possibly legally negligent.

That's for the court to decide.

That negligence as a producer would be civil though, not criminal.