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Alec Baldwin Expected to Be Charged With Involuntary Manslaughter in ‘Rust’ Shooting
WSJ ^ | 19 January 2023 | Katherine Sayre

Posted on 01/19/2023 8:07:32 AM PST by NautiNurse

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To: Carl Vehse
It may be part of his plea deal that David Hall would testify against Baldwin at his trial.

That would make sense.

41 posted on 01/19/2023 9:17:28 AM PST by NautiNurse (There was a 2022 mid-term Red Wave...in Florida! )
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To: NautiNurse

Well, there you go. He didn’t pull the trigger; he had it held back all along.


42 posted on 01/19/2023 9:21:59 AM PST by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: BipolarBob
I feel bad for her [Hannah Gutierrez Reed] as she was not allowed to have the freedom to do her job properly per ABs instructions. She was off doing busywork because he was so cheap. And it has ruined her career chances now.

She could have joined the half-dozen others who walked off the set that morning, prior to the shooting.

...except she was part of the problem. Accounts to police included that there were two negligent discharges the week prior to the shooting, one of which involved her.

https://nypost.com/2022/11/18/rust-set-had-two-negligent-discharges-before-fatal-shooting-cops/

43 posted on 01/19/2023 9:24:03 AM PST by T.B. Yoits
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To: BipolarBob

Unfortunately for her, both the producer and the armorer are responsible for ensuring a live round does not wind up in a prop weapon on a movie set.


44 posted on 01/19/2023 9:25:22 AM PST by GreenLanternCorps (Hi! I'm the Dread Pirate Roberts! (TM) Ask about franchise opportunities in your area.)
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To: N. Theknow

Or the trigger was impeded in motion, and couldn’t engage either the full-or half-cock notches on the hammer.


45 posted on 01/19/2023 9:25:33 AM PST by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: TexasGator
Maybe Baldwin and his defense team can figure out a way to blame Halyna Hutchins and Joel Souza for getting shot.

Interesting note: Baldwin and Hannah Gutierrez-Reed were each charged with two counts of manslaughter. The second manslaughter count for each includes an enhancement with mandatory penalty due to firearm. The jury will determine guilt for one or the other manslaughter charges:

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 $5,000 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.


46 posted on 01/19/2023 9:31:57 AM PST by NautiNurse (There was a 2022 mid-term Red Wave...in Florida! )
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To: NautiNurse; Bob434

it’s either they know and aren’t telling, or they don’t want to know...


47 posted on 01/19/2023 9:40:39 AM PST by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. #FJB)
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To: Chode

+100-


48 posted on 01/19/2023 9:43:05 AM PST by Bob434
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To: Bob434

The provision for mandatory 5 years in jail due to use of a firearm seems pretty obvious.

(We shall see what happens as lawyers get involved.)


49 posted on 01/19/2023 9:47:47 AM PST by Col Frank Slade
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To: NautiNurse

How come the workers who were shooting real bullets on their breaks ( which is probably the reason a live round was in the gun) not charged?


50 posted on 01/19/2023 10:10:35 AM PST by kaila
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To: kaila

Not sure I follow your question. What laws were broken to charge people who were shooting off the set for recreation outside work hours?


51 posted on 01/19/2023 10:15:08 AM PST by NautiNurse (There was a 2022 mid-term Red Wave...in Florida! )
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https://www.hollywoodreporter.com/news/general-news/alec-baldwin-charged-involuntary-manslaughter-rust-shooting-halyna-hutchins-1235303758/

Mary Carmack-Altwies, the district attorney who serves Santa Fe County, will charge star and producer Baldwin and armorer Hannah Gutierrez-Reed with two counts each of involuntary manslaughter.

Assistant director David Halls also signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation.

The DA’s office will file charges with New Mexico’s First Judicial District Court before the end of the month.

For involuntary manslaughter to be proved, there must be 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. It includes a misdemeanor charge of negligent use of a firearm.

The jury could alternatively make a finding of involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in Hutchins’ death. This charge includes a firearm enhancement, according to the DA, which carries an added penalty and makes the crime punishable by a mandatory five years in jail.

“If any one of these three people — Alec Baldwin, Hannah Gutierrez-Reed or David Halls — had done their job, Halyna Hutchins would be alive today. It’s that simple,” said special prosecutor Andrea Reeb in a statement Thursday. “The evidence clearly shows a pattern of criminal disregard for safety on the Rust film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously.”


52 posted on 01/19/2023 11:10:13 AM PST by Texan4Life (Mark Levin)
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https://apnews.com/article/alec-baldwin-rust-movie-shooting-charges-decision-8c76eddb8a6418419078903d24ec3813

Santa Fe District Attorney Mary Carmack-Altwies said charges will be filed by the end of January, and that Baldwin and Gutierrez-Reed will be issued a summons to appear in court. She said prosecutors will forgo a grand jury and rely on a judge to determine if there is probable cause to move toward trial.

Andrea Reeb, a special prosecutor on the case, cited a “pattern of criminal disregard for safety” on the set.


53 posted on 01/19/2023 11:49:18 AM PST by Texan4Life (Mark Levin)
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To: Texan4Life

Having a judge determine probable cause for a trial is a smart move.

A grand jury would take forever and muck the whole process up.


54 posted on 01/19/2023 12:16:27 PM PST by Col Frank Slade
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To: NautiNurse

From what I have read, they were shooting the guns used in the movie using real bullets during their breaks, and did not remove the active bullet.


55 posted on 01/19/2023 12:56:16 PM PST by kaila
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To: NautiNurse

if the guns are under the supervision of the production company, they have no right to touch them for personal use


56 posted on 01/19/2023 2:14:55 PM PST by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. #FJB)
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To: Chode

Unless they were given permission. There are gaping holes in this storyline.


57 posted on 01/19/2023 2:31:13 PM PST by NautiNurse (There was a 2022 mid-term Red Wave...in Florida! )
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To: NautiNurse

nope, this is WHY it’s not allowed... liabilities


58 posted on 01/19/2023 3:22:02 PM PST by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. #FJB)
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To: NautiNurse

and callig her an “armorer”, is like calling Dahmer an epicurean...


59 posted on 01/19/2023 3:23:43 PM PST by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. #FJB)
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To: Chode

The company that produced the ill-fated Rust movie has been slapped with a fine of $136,793 by the New Mexico Occupational Health and Safety Bureau for its “willful and serious” violation of workplace safety procedures. The fine, which is the maximum allowable, follows the Bureau’s six-month investigation into the circumstances leading up to the accidental shooting that killed cinematographer Halyna Hutchins and wounded director Joel Souza on October 21.

“There were serious management failures,” state Environmental Cabinet Secretary James Kenney said, “and more than sufficient evidence to suggest that if standard industry practices were followed, the fatal shooting of Halyna Hutching and the serious injury to Joel Souza would not have occurred. … This is a complete failure of the employer to follow recognized national protocols that keep employees safe.”

The report concludes that Rust Movie Productions LLC’s management “knew that firearm safety procedures were not being followed on set and demonstrated plain indifference to employee safety by failing to review work practices and take corrective action.”

The production company was issued a “Willful-Serious citation” that includes a $136,793 civil penalty. “This is the highest level of citation and maximum fine allowable by state law in New Mexico,” the Bureau said in a statement. “Rust Movie Productions LLC was cited for the plain indifference to the recognized hazards associated with the use of firearms on set that resulted in a fatality, severe injury, and unsafe working conditions.”


60 posted on 01/19/2023 3:31:40 PM PST by NautiNurse (There was a 2022 mid-term Red Wave...in Florida! )
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