This. How is an actor supposed to determine if the gun he’s handling is loaded with fake bullets that look real or real bullets? If I’m being pretend shot I’d much rather have that solely on the armorer than start involving actors.
Imagine proving negligence here, so you had a professional whose job was to make sure the gun didn’t have live rounds, the set didn’t have live rounds, there are rules against live rounds and still the actor is at fault. I get criminal charges against the armored but not the actor. What happens if a stunt car malfunctions? The actors supposed to inspect the brakes?
The point is, is what he did reckless? Did he attempt to do something reckless, typically to the point of being illegal. Is it reckless to get handed a gun on a movie set, by a professional, and then pull the trigger. It literally happens millions of times a year. Also, this is somewhat regulated to the point of having protocols and the official protocols do not seem to be violated.
Imagine if you followed the accepted protocols in your industry, someone tragically died, and you were still criminally charged.
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But that changes when you're also a producer on the set and you create an environment where the accepted protocols aren't being followed. I'd bet that's the only reason he's being charged; if he was just an actor who pulled the trigger, I don't think there'd be charges here.
Just got my brakes done at Midas. There are better mechanics but Midas was cheaper.. Brakes failed and someone died because I couldn't stop. Midas clearly fucked up the front disk brakes. No one is disputing that. Authorities ask if I tried the emergency brake. I swear I did... FBI says I didn't and it was working fine according to their inspection. That's where we are here..
Go that way really REALLY fast. If something gets in your way, TURN!
Just about everyone has said "AB should've checked the gun to ensure it wasn't loaded..." First of all, it was loaded, it had to be loaded for the scene. Second, who's to says he didn't check to see if it was loaded or not? It sounds like the armorer showed him the weapon and said it was cold. Third, what's the distinction here if the gun was supposed to be loaded with a blank that appeared to be a live round? Fourth, are all actors ballistic experts, or should they be, who can tell the difference visually from a blank that supposed to look like a live round vs. a live round?
Producer thing...he's one of many producers, are they all to blame? Maybe. Why is only AB charged?
Writer thing...we're not seriously suggesting that anyone that's written a script for a movie be charged with crimes if safety issues crop up on a set, are we?
Damn shame, throwing away a perfectly good white boy like that
It varies by state. In Washington, a prosecutor can charge "attempted" any crime on the books. I have seen some weird ones, like attempted DUI.
Point I am trying to make is that the specific, criminal act here is failing to check the gun. That same specific criminal act has happened thousands of times in movie history without someone being charged with a crime. A crime that involves a reckless act but no dead body, like reckless endangerment.
Are we even sure that the gun went unchecked? Again, what does AB know about ammo and firearms that would render him an expert at determining if a round that's supposed to look like a live round but really isn't? I've seen obvious blank rounds during some work we did at Universal for a study there...I can't say that I've seen a round that is intended to look like a live round, but really isn't. i'm sure there is a marking on it somewhere that indicates it's not a live round, but would AB know that? Would he know how to see that, what the differences are, etc.?
Damn shame, throwing away a perfectly good white boy like that
People keep bringing up the Baldwin is a producer part. Prosecutors can't just throw shit at a wall and see what sticks. They have to disclose their specific theory of the crime. Baldwin will nail them down on this. So what specific thing did Baldwin do, or not do, as a producer make him criminally liable? It's not enough to just say the set was a shit show and safety protocols were generally not being followed.
I think the prosecutor's theory is that Baldwin didn't check, and if he did check, he didn't do a thorough enough of a check. Baldwin will counter that he did check and even if he didn't, it wasn't common in the industry for actors to check every time they are handed a gun for a scene.
Maybe that is where the prosecutor tries to take this, but I want to see how Baldwin, specifically, created that environment. And why he, alone, is the one to blame for creating that environment.
This is turning into an Enron-like criminal case where the person at the top is charged with the shit show. That happens in big, complicated, corporate criminal cases. But I have never seen a criminal manslaughter case like that. Civil cases, yes. But not criminal.
That would be true. And not only that, all 12 members of the jurors must unanimously agree. You can't have 6 say he's guilty for not checking. And 6 saying he's guilty because he was the producer. All 12 would have to say he's guilty because of both reasons. At least in Washington, that's how it works.
He doesn't need to be solely responsible for the creation of the dangerous environment. There's no requirement that every potentially culpable party be charged. But Baldwin's the one who pulled the trigger. And if he knew (or should've known) that it was no longer reasonable to rely on the advice of the safety professionals because of the environment on the set (which he, as a producer, was part of creating), then yeah, maybe he's on the hook.
That's true. And at trial, the judge will likely stop Baldwin from arguing others should have been charged too (because charging decisions are irrelevant). But Baldwin can argue that there were others at the top that are equally, or more, responsible for overall safety protocol on the set than him. He can also call all these other people as witnesses and I assume they will be pleading the 5th in front of the jury. David Halls, the assistant director who already plead, will not be able to plead the 5th. So he can get on the stand and say it was 100% my fault and Baldwin had nothing to do with it. If the armorer who has been charged pleads before Baldwin, she can be called as well and say it was all my fault. Everyone will be pointing the finger at another. This trial is going to be just as big of a shit show as the movie set.
The prosecutor's theory in this case seems unique in US history. I would not be surprised if the judge tosses this case at the preliminary stage and the case never even makes it to trial.
I could see the prosecutor offering a plea deal to a misdemeanor with no jail. And I could see Baldwin accept that deal because he appears to sincerely not want to put the victim's family through any more anguish. But this bugs me, because a prosecutor is not supposed to use very serious felony charges with mandatory prison time to extort a plea to a lesser charge.
The civil case against Baldwin has already been settled. So the victim's family would not be paid anything extra if there is a criminal conviction. Smart of Baldwin to settle the civil case as soon as he could.
Uh, that’s how DAs have operated for as long as I can remember
Yup, agreed. What Baldwin is theoretically guilty of is ultimately fairly irrelevant. I doubt he'll be convicted of anything.
My guess is that this is mostly a small town prosecutor from a conservative area that's seeing an opportunity to make a name for themselves by going after one of the right's liberal boogeymen. If it ever makes it to trial, Baldwin's lawyers will mop the floor with the prosecution.
She is charged. From NYTimes:
The film’s armorer, Hannah Gutierrez-Reed, who loaded the gun that day and was responsible for weapons on the set, will also be charged with two counts of involuntary manslaughter. The film’s first assistant director, Dave Halls, who handed Mr. Baldwin the gun, agreed to a plea deal on a charge of negligent use of a deadly weapon.
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