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originally posted by: ketsuko
a reply to: face23785
I see layers of rules that at any point would have prevented this, and responsible actions with a firearm that were not taken out of ignorance.
At any point, this could have been prevented if anyone involved had pulled their head out of their you-know-what and done what they were supposed even once.
The relevant facts we’re presuming to be established for purposes of this analysis include:
1. That it was Alec Baldwin who was manipulating the gun that fired the projectile that killed Ms. Hutchins.
2. That the gun discharged because the trigger was depressed by Baldwin (and not because of some defect in the weapon).
3. That the muzzle of the weapon was directed towards Ms. Hutchins by Baldwin when it was fired (e.g., she was not killed by an unpredictable ricochet).
4. That the gun contained a live round, the bullet of which struck and killed Ms. Hutchins.
5. That Baldwin had the opportunity to inspect the weapon for live ammo before he directed it at Ms. Hutchins and pressed the trigger, killing her.
6. And, of course, that there was no justification for the shooting of Ms. Hutchins (e.g., this was not an act of lawful self-defense—which it clearly was not).
Separately, we are assuming for purposes of today’s analysis that Baldwin did not intend to injure Ms. Hutchins. If such intent to harm were established, we’d obviously be looking at a much more serious criminal charge than mere involuntary manslaughter.
Assuming, as we are, these facts to be established, it would certainly appear that they are more than sufficient to justify a criminal charge of involuntary manslaughter under New Mexico law and to support a conviction beyond a reasonable doubt on that charge.
Phrased in the context most relevant to the facts of this case, the four rules for safe gun handling are:
1. All guns are presumed to be loaded until the gun handler personally verifies otherwise—and that verification becomes invalid the moment the gun leaves the handler’s control.
2. Never point the muzzle of a firearm at anything you are not willing to kill or destroy.
3. Never press the trigger of a firearm unless you intend for it to fire a bullet from the barrel.
4. Know your target, and what is beyond your target.
Based on the apparent facts of this case, it appears incontestable that Alec Baldwin violated all three of those primary gun handling safety rules when he engaged in the conduct that killed Ms. Hutchins.
First, he pointed the muzzle in her direction—presumably directly at her.
Second, he pressed the trigger in the manner designed to fire the weapon.
Third, he failed to first ensure that the weapon did not contain a live round.
The result: the unintended discharge of the bullet into Ms. Hutchins, killing her.
That, in a nutshell, certainly appears to be the “commission of a lawful act which might produce death … without due caution and circumspection.”
And that, as we’ve already seen, is the statutory definition of involuntary manslaughter under § 30-2-3.
originally posted by: TheRedneck
a reply to: ketsuko
I don't like the way he called his daughter a pig.
I never heard that one. But yeah, that's pretty sorry for a Dad to say something like that, especially in public.
TheRedneck
originally posted by: TheRedneck
I don't like the way he called his daughter a pig.
I never heard that one. But yeah, that's pretty sorry for a Dad to say something like that, especially in public.
TheRedneck
originally posted by: TheRedneck
a reply to: SirHardHarry
A squib round would only involve a previous lodged projectile in a firearm. Blanks don't have projectiles (slugs).
And according to that poster, revolvers don't have firing pins either.
TheRedneck
originally posted by: TheRedneck
a reply to: alphabetaone
So he didn't even say it about her... he said it to her?
originally posted by: TheRedneck
a reply to: face23785
I only pray New Mexico is not that corrupt.
TheRedneck
originally posted by: sean
You would think they would be filming behind a barrier or something. Maybe someone dropped a gun on the ground and the barrel picked up a rock jammed in the end.