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re: Alec Baldwin re-indicted on manslaughter charges by New Mexico grand jury

Posted on 1/20/24 at 11:55 pm to
Posted by Twenty 49
Shreveport
Member since Jun 2014
21363 posts
Posted on 1/20/24 at 11:55 pm to
quote:

People are letting their haters for Baldwin and his politics blind their objectivity.


They should ask themselves if they’d have the same opinion if it were Tom Selleck.

Responses will dodge the issue by saying that Selleck would never do it because he is a gun guy.
Posted by Scruffy
Kansas City
Member since Jul 2011
77270 posts
Posted on 1/21/24 at 12:18 am to
quote:

They should ask themselves if they’d have the same opinion if it were Tom Selleck.
I would have the same opinion for anyone.

If a normal American would be charged in this situation, Baldwin should be charged in this situation.

Your every day American doesn’t get the benefit of the doubt for being “untrained” or being handed a gun by another individual “who was supposed to clear the weapon”.

Stop giving celebrities special privileges.
quote:

Responses will dodge the issue by saying that Selleck would never do it because he is a gun guy.
The “he wasn’t trained” aspect is hilarious.

Do you have the same opinion when a random person, who has taken no firearm course, does the same thing as Baldwin?

Everyone knows that they wouldn’t and society wouldn’t give them that same privilege either.
This post was edited on 1/21/24 at 12:24 am
Posted by 0
Member since Aug 2011
17853 posts
Posted on 1/21/24 at 1:06 am to
quote:

but I honestly want to know how some moron actor who has no idea about firearms and firearms training is supposed to even know to check his weapon.


It shouldn’t take much training to know not to point a loaded gun at someone. Double and triple checking that it’s either unloaded or that blank cartridges were in the gun seems pretty fricking important.

Posted by Scoob
Near Exxon
Member since Jun 2009
23553 posts
Posted on 1/21/24 at 3:26 am to
quote:

If a normal American would be charged in this situation, Baldwin should be charged in this situation.

Your every day American doesn’t get the benefit of the doubt for being “untrained” or being handed a gun by another individual “who was supposed to clear the weapon”.


People keep harping on this point, but I think they are misunderstanding it.

I think it's not Baldwin the celeb skating because he's a celeb.

It's that it was a prop in a film production. Any actor/stuntman would be similarly treated.

That is NOT the SAME as handling a gun in a shop, or anywhere else.

You are operating under the principle that it is a PROP, a piece of make-believe. And you are acting out make-believe shooting at other people- something that also would get you arrested in any other circumstance. Just as driving crazy-fast and running other people off the road would do. And yet they are in real cars doing just that.

If you insist on utterly rejecting that, I suggest you go find a way to watch the filming of an action film, and then go yell indignantly at any actor who doesn't instantly strip and clear the prop-gun they're handed

This link is useful
LINK
It's the industry bulletin for usage of firearms in film production.
They broke about a dozen of the listed rules, as far as I can tell. Obviously the first one- no live ammo is to be on set. And then CLEARLY the one that says said prop is to be examined and cleared by the Prop Master or Armorer, prior to handing to anyone.
Yes, it then goes on to state Do Not Point At Anyone, including self.

And it's a very curious thing that the gun was loaded at all, and I wish we could learn more on that.
Apparently, whoever took the gun and handed it to Baldwin had no inkling that it might potentially have been loaded, so they didn't check it. That was gross negligence on their part, but I'm surprised there was no investigation into who may have loaded it and then set it into the prop cabinet. That really smells like it was a setup. If it was some pissed off guy who wasn't happy, he should also be up on charges too. Instead, they're just looking at the obvious (producer, armorer, actor who did the shooting); but they might just be incompetent/negligent. The person who loaded and placed a gun into the props cabinet seems intent on something bad to happen.
Posted by lsufan112001
sportsmans paradise
Member since Oct 2006
11217 posts
Posted on 1/21/24 at 6:24 am to
I looked up Hexum and got this :

With his mother's permission, his body was flown to San Francisco on life support, where his heart was transplanted into a 36-year-old Las Vegas man at California Pacific Medical Center.[11] Hexum's kidneys and corneas were also donated: One cornea went to a 66-year-old man, the other to a young girl. One of the kidney recipients was a critically ill five-year-old boy, and the other was a 43-year-old grandmother of three who had waited eight years for a kidney. Skin that was donated was used to treat a 3+1/2-year-old boy with third-degree burns.[12]
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 1/21/24 at 8:30 am to
If an every day American pushed someone off a building they are going to jail


Actors do it all the time. Scruffy must me big mad

If an every day American cut someone open and they die, they are doing to jail. Doctors like scruffy do it all the time….

It’s not his celebrity status giving him a “pass”, it’s the nature of his profession
This post was edited on 1/21/24 at 8:33 am
Posted by BradBallard
Wilmington, Delaware
Member since Jun 2020
567 posts
Posted on 1/21/24 at 9:26 am to
quote:

If an every day American pushed someone off a building they are going to jail Actors do it all the time. Scruffy must me big mad If an every day American cut someone open and they die, they are doing to jail. Doctors like scruffy do it all the time…. It’s not his celebrity status giving him a “pass”, it’s the nature of his profession


Please show me the specific laws that exempt actors from the laws of the jurisdiction that they are working in. Just because you’re an actor doesn’t exempt you from taking due care and circumspection when engaging in a dangerous activity such as pointing a gun at someone during a movie rehearsal.

What are Baldwin’s responsibilities as an actor to ensure he is exercising due care and circumspection? (These were posted earlier in the thread that took us to the movie set firearms safety brief! )

- Attend the safety training that taught how to handle and use the firearm safely (this includes knowing what type of ammo is used and how tell it is correctly loaded)
- have the propmaster show him the gun is loaded correctly prior to using it
- attend safety briefings on how the firearm will be used in each scene
-DO NOT POINT THE GUN AT SOMEONE BECAUSE BLANKS CAN ALSO CAUSE INJURY!
- If that is required, get the propmaster involved to take extra precautions

Put another way, if the scene called for him to put the gun to his temple, do you not think he would have done the above? Why didn’t he do it for the woman he killed?

Baldwin as a producer:
- ensure no live ammo is on set ( he knew about the plinking)
- ensure armorer or propmaster is properly qualified to train others and handle firearms safely on a set
- ensure required training is done
-ensure safety briefings are done and attended by applicable staff
Posted by FredBear
Georgia
Member since Aug 2017
17430 posts
Posted on 1/21/24 at 10:31 am to
Seems to me he may be guilty of negligence. Whether or not that translates into manslaughter I don't know not being a lawyer. Apparently someone in New Mexico seems to think so
Posted by lsupride87
Member since Dec 2007
111522 posts
Posted on 1/21/24 at 12:18 pm to
quote:

Please show me the specific laws that exempt actors from the laws of the jurisdiction that they are working in.
In any jurisdiction, pushing someone off a building is illegal

But in acting, it’s allowed, because the actor had the reasonable expectation the stunt crew set to the airbag properly and harm will not hallen

In any jurisdiction, throwing a grenade at people will be illegal. But in acting, it’s expected the crew in charge of explosives didn’t bring a live grenade

It’s the same situation here
This post was edited on 1/21/24 at 12:19 pm
Posted by BradBallard
Wilmington, Delaware
Member since Jun 2020
567 posts
Posted on 1/21/24 at 2:32 pm to
quote:

In any jurisdiction, pushing someone off a building is illegal But in acting, it’s allowed, because the actor had the reasonable expectation the stunt crew set to the airbag properly and harm will not hallen In any jurisdiction, throwing a grenade at people will be illegal. But in acting, it’s expected the crew in charge of explosives didn’t bring a live grenade It’s the same situation here


Again, In no jurisdiction is an actor “ immune” from prosecution for an accident that occurs in their workplace in which they were a direct participant.

. An actor / production company may be required to do dangerous or illegal things such as push someone from a building, or point a gun at someone as part of the script. These activities are illegal because without DUE CAUTION AND CIRCUMSPECTION, they can very likely result in death.

When a movie shoots in a jurisdiction, oftentimes they are required to pull permits and part of that is outlining what dangerous / otherwise illegal activities will occur and what safety plans are in place to eliminate risk. Some of these actions would include:

- not allowing live ammo on a movie set
- not pointing real guns loaded with even blanks directly at people
- receiving safe fire arm handling training
- double checking the firearm is loaded correctly
- careful rehearsal of moves and angles of where the gun will be pointed
- safety briefs

Following these rules would be due caution and circumspection which would make an otherwise dangerous and illegal activity safe. In Baldwin’s case, he or the propmaster violated at least 3 of these safety actions and the result was a death. That’s why they were charged with involuntary manslaughter.

Posted by Reeaholic
Moss Bluff
Member since Jun 2019
1297 posts
Posted on 1/21/24 at 3:39 pm to
Since some posters are essentially claiming since its basically a job no charges should be filed heres a tidbit of information.

If a supervisor/manager/president of a company knowingly violate OSHA regulations that resulted in a fatality(ies) they have put those people in jail in the past. Not necessarily for manslaughter but under OSHA statues and other findings. This doesn't fall under OSHA's umbrella that I know of but its a precedent for on the job safety deaths.

I dont know much about this incident but wasnt Baldwin the producer? Essentially the boss on set? If he skipped on safety protocols he should be at least charged for the involuntary manslaughter charge. The responsibility for the employees on sets safety falls on him. Then let the jury decide.
This post was edited on 1/21/24 at 3:42 pm
Posted by au7342
Member since May 2020
429 posts
Posted on 1/21/24 at 4:32 pm to
quote:

Except that real firearms with squib rounds are used on sets


A squib round is a projectile that has become stuck in the barrel of a firearm. It is not a round used on movie sets, it's a bullet malfunction. Firing a weapon with a squib stuck in the barrel usually destroys the weapon and could cause serious injury.

Blanks used in movie props contain wadding that is a dangerous projectile for a short distance. You do not point and fire a weapon at someone even if it is loaded with blanks.

Baldwin broke all four basic gun safety rules and should be prosecuted to the fullest extent of the law. His malfeasance with a weapon is directly responsible for a death and a serious injury.
Posted by BradBallard
Wilmington, Delaware
Member since Jun 2020
567 posts
Posted on 1/21/24 at 6:36 pm to
quote:

A squib round is a projectile that has become stuck in the barrel of a firearm. It is not a round used on movie sets, it's a bullet malfunction. Firing a weapon with a squib stuck in the barrel usually destroys the weapon and could cause serious injury. Blanks used in movie props contain wadding that is a dangerous projectile for a short distance. You do not point and fire a weapon at someone even if it is loaded with blanks. Baldwin broke all four basic gun safety rules and should be prosecuted to the fullest extent of the law. His malfeasance with a weapon is directly responsible for a death and a serious injury.


A squib round is what killed Brandon Lee.

Here’s the SAG safety guidelines. Based on them, Baldwin is Fricked. It also puts to bed the asinine actors immunity argument.

LINK

“ These SAFETY BULLETINS are guidelines recommended by the Safety Committee. They are not binding laws or regulations. State, federal, and/or local regulations, where applicable, override these guidelines.”

This means, if you are using firearms on set, and someone dies, you are at the mercy of the laws of the local jurisdiction. Here’s involuntary manslaughter in NM:

Manslaughter is the unlawful killing of a human being without malice.

A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.

Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.

B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.

Baldwin was performing a lawful act (handling a gun on set), pointed it at someone, and a death resulted from him pointing it at someone. He acted WITHOUT due caution and circumspection when he failed to consult with the propmaster, or ensure the gun was unloaded prior to pointing it at someone. These checks are right in the SAG guidelines, and if he followed them, no one would have died.

The facts ARE not on his side.



Posted by BradBallard
Wilmington, Delaware
Member since Jun 2020
567 posts
Posted on 1/21/24 at 8:17 pm to
quote:

I'm actually so what split on this. While I loathe Baldwin as a person and this shite is fitting for him to go down this way, but I honestly want to know how some moron actor who has no idea about firearms and firearms training is supposed to even know to check his weapon. That is 100% on the armorer. Not the actor. Once the actor is handed a weapon, it should be safe and clear to use. Also, why is there even a live round anywhere near that set? That's also all on the set armorer. This is all on them. Not some idiot phag who has no clue about guns. That is my objective take. Now.... If he had extensive firearms training, then he may bear some responsibility. But I still feel it's 100% on the dipshit who gave him a hot weapon.


SAG guidelines require that anyone being issued a gun be properly trained in all operations of that gun.



Posted by Philzilla
Member since Nov 2011
2214 posts
Posted on 1/21/24 at 8:45 pm to
quote:

Now.... If he had extensive firearms training, then he may bear some responsibility.

Probably shouldn’t try this defense in court.
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