At what point does negligence become a crime?
NPR (“Alec Baldwin will be charged with involuntary manslaughter in ‘Rust’ shooting death“):
Actor Alec Baldwin will face a criminal charge of involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins on a film set, prosecutors in Santa Fe, N.M., said on Thursday.
The film’s armorer, Hannah Gutierrez-Reed, is facing the same charge, First Judicial District Attorney Mary Carmack-Altwies said. She announced the decision in a written statement.
In addition to those charges, the prosecutor said, assistant director David Halls “has signed a plea deal for the charge of negligent use of a deadly weapon.”
“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,” said Andrea Reeb, the special prosecutor appointed by Carmack-Altwies. “It’s that simple.”
A review of evidence in the case “clearly shows a pattern of criminal disregard for safety” on the film’s set, Reeb added.
In October 2021, Baldwin was holding a Colt .45-caliber pistol that fired a live round, killing Hutchins. At the time, they were working on the film Rust.
Baldwin has maintained that Hutchins died in a tragic accident, saying he didn’t intentionally fire the weapon and had no idea that it held live ammunition when the film crew gathered to rehearse a scene for the film. What are the charges against Baldwin?
Baldwin and Gutierrez-Reed are each being charged with two counts of involuntary manslaughter, meaning they’re “charged in the alternative.” Prosecutors say they want a jury to decide not only if the pair are guilty, but which type of involuntary manslaughter should apply to the events around Hutchins’ death.
At the base level, both of the charges are fourth-degree felonies, punishable by up to 18 months in jail and a $5,000 fine. But if Baldwin and/or Gutierrez-Reed are found guilty of the most serious charges that carry a firearm enhancement, they stand to face five years in prison.
Under the basic involuntary manslaughter charge, prosecutors would need to show that underlying negligence played a role in the shooting death. That charge would also “likely” merge with a misdemeanor charge of negligent use of a firearm, prosecutors said.
The other charge is involuntary manslaughter in the commission of a lawful act — which would require prosecutors to establish that factors beyond simple negligence contributed to Hutchins’ death. This version of the charge includes a firearm enhancement, meaning that if the actor or armorer are found guilty, they would face a mandatory prison term of five years.
The charges will be formally filed by the end of this month, the prosecutors said, setting the case in motion in the court system.
NYT (“Alec Baldwin Will Be Charged With Involuntary Manslaughter in ‘Rust’ Killing“) adds:
[…]
Prosecutors said they would charge Mr.
