Will Alec Baldwin face charges after accidental murder on set of "Rust"?
Last Friday, October 22, an unfortunate event occurred during the filming of the movie “Rust”, when the renowned American actor Alec Baldwin fired a prop gun that ended the life of the film's cinematographer and injured another person. Supposedly the weapon was not loaded.
US media have consulted with expert attorneys, who maintain that Baldwin likely would not face murder charges in the firearm shooting.
In conversation with the American media Insider, Arthur L. Aidala, managing partner of the New York criminal defense firm Aidala, Bertuna & Kamins, said that he did not believe that Baldwin would face charges, as the actor did not know that the prop gun it had live ammunition.
“Although we absolutely know who possessed the gun, who fired the gun, and who caused the death of a human being, he would fall under the statute of excusable homicide,” Aidala explains.
This is because New Mexico law has a stipulation called “excusable homicide,” which means that it is not a crime to kill someone “by accident or misfortune, by performing any lawful act, by legal means, with the usual precaution. and ordinary and without any illicit intention, ”explains Insider.
However, Neama Rahmani, the president and co-founder of West Coast Trial Lawyers, a personal injury firm, also consulted by the aforementioned outlet, believes that the fact that the prop masters union said that the weapon was loaded with a bullet Real opens the possibility of involuntary manslaughter charges.
Is Alec Baldwin guilty?
In an extensive analysis, Danny Cevallos, legal analyst for NBC News' MSNBC portal, explains why, despite the fact that Bladwin activated the weapon, which would make him directly responsible for murder, in this case he would not be so guilty. This is the reason given by Cevallos:
“Typically, in a shooting death, the person who pulls the trigger is the main offender. Others may encourage, facilitate, aid, or even cover up the crime, but generally the law primarily punishes the shooter.
The Alec Baldwin case may be one of those rare exceptions where the person firing the gun could be the least responsible party. Why? Because this can be an unusual situation where the person who pulled the trigger of a loaded firearm reasonably believed that he was not pulling the trigger of a loaded firearm. "
1-
— AlecBaldwin(HABF) (@AlecBaldwin) October 22, 2021
There are no words to convey my shock and sadness regarding the tragic accident that took the life of Halyna Hutchins, a wife, mother and deeply admired colleague of ours. I'm fully cooperating with the police investigation to address how this tragedy occurred and
The actor regretted what happened on his social networks and said that "his heart is broken", while he provides all the support to the family affected by such a tragic event.
2- I am in touch with her husband, offering my support to him and his family. My heart is broken for her husband, their son, and all who knew and loved Halyna.
— AlecBaldwin(HABF) (@AlecBaldwin) October 22, 2021