The actor was told the gun he was rehearsing with on the “Rust” set, which fired and killed the cinematographer, held no live ammunition. Can he be found guilty of manslaughter?
Now that a grand jury has indicted Alec Baldwin on a charge of involuntary manslaughter for the fatal shooting of a cinematographer on the set of the film “Rust” in New Mexico in 2021, the contours of the looming legal battle are coming into focus.
If the case reaches trial, the challenge prosecutors face will be convincing a jury that Mr. Baldwin was guilty of either the negligent use of a firearm or of acting with “total disregard or indifference for the safety of others” — even though investigators found he was told on the day of the shooting that the gun he was rehearsing with contained no live rounds, and even though the film set was not supposed to have any live ammunition at all.
The challenge Mr. Baldwin’s defense team faces will be to explain why the gun fired. Mr. Baldwin has maintained all along that he did not pull the trigger that day as he rehearsed a scene in which he draws a revolver, saying that the gun discharged after he pulled the hammer back and released it. A forensic report commissioned by the prosecution determined that he must have pulled the trigger for the gun to go off, a finding that contributed to its decision to revive the criminal case against Mr. Baldwin.
Legal experts were divided on the merits of reviving the case, noting that traditional gun safety rules — such as never pointing a functional gun toward someone — do not always apply on film sets, and that investigators found he had been assured by the film’s safety crew that the gun did not contain live ammunition.
“The notion that you never point a gun at someone would sort of undo westerns for the past 100 years,” said Nancy Gertner, a retired federal judge.
The outcome of the case at trial — the State of New Mexico vs. Alexander (Alec) Rae Baldwin — would hinge on how jurors view two key questions: Should Mr. Baldwin have known of the danger involved in his actions that day? And, using a term of art in criminal law, did he act with a “willful disregard for the safety of others”?
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Source: Movies - nytimes.com
