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Alec Baldwin Could Face Criminal Charges, say legal experts

Actor Alec Baldwin seen outside the Santa Fe County Sheriff’s office after he was interviewed by police JIM WEBER/THE NEW MEXICAN

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Alec Baldwin Could Face Criminal Charges, say legal experts

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Tragedy occurred when star Alec Baldwin accidentally discharged a prop gun on the set of “Rust,” killing the film’s cinematographer and injuring the director.

The film’s production has since been paused as the Santa Fe County Sheriff’s Office conducts an investigation into the incident.

According to Joseph Costa of Costa Law in Los Angeles, the implications for Baldwin, the film’s executive producer, might include manslaughter charges.

“As an executive producer, you are in a position of control and you can get prosecuted criminally,” he said. “It’s the equivalent of drinking and driving, meaning someone may not have intended to cause great harm but they do.”

Baldwin might face an involuntary manslaughter charge, according to Matthew Nash, Attorney-at-Law (California) and Bar Practice Tutor at The University of Law. Baldwin may face such a prosecution if his handling of the prop gun is judged to be careless, such as if he discharged the weapon after being told not to.

“It would appear that under New Mexico law, Alec Baldwin could be guilty of involuntary manslaughter, which is a killing that takes place without due caution and circumspection,” Nash told Newsweek.

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According to Nash, the highest penalty for a fourth-degree felony in New Mexico is a $5,000 fine or an 18-month jail sentence.

“Proper compliance with safety issues on the set will be a large, general question that will be asked that may have a huge impact on any potential legal matters that may come from this case,” says Rachel Fiset, managing partner of the Los Angeles firm Zweiback, Fiset & Coleman. “And then on the worst side of the scale, you could have potential criminal issues that would range from criminal negligence to intentional acts that may have caused this tragedy.”

Erlinda Johnson, a former state and federal prosecutor in New Mexico, said the Beetlejuice actor might face criminal charges for involuntary manslaughter.

“All the state needs to demonstrate is that he was engaged in a lawful, but dangerous act and did not act with due caution,” she said. “That’s what the state has to prove for involuntary manslaughter, which is a fourth-degree felony with a maximum penalty of up to 18 months in prison.”

She speculated that Baldwin may rely on the defence that someone handed him the gun, “but then, well it was incumbent upon him, since he was handling the gun, to make sure there were no rounds.”

Johnson continued: “Clearly someone didn’t do their due diligence. They should have been checking those guns to make sure there were no live rounds.”

According to Neama Rahmani, a former federal prosecutor who co-founded the Los Angeles personal injury firm West Coast Trial Lawyers, even though Baldwin discharged the gun, resulting in Hutchins’ death and Souza’s injury, it’s unlikely the “30 Rock” alum will face criminal charges, especially if he didn’t know the firearm contained live ammunition.

If evidence emerges that Baldwin acted carelessly with the pistol while understanding the hazards, the actor might be held accountable, according to Rahmani. Baldwin’s actions might be seen as criminal negligence, albeit there is no evidence to support this.

In New Mexico, involuntary manslaughter does not require “specific intent” to wish someone to die.

Even from this perspective, however, criminal charges would be rare, as deadly on-set shootings using prop guns have traditionally been regarded as accidents, according to Judge Gertner, Retired Judge, United States District Court, District of Massachusetts. Brandon Lee’s death on the set of The Crow in 1993 is one of the most well-known examples of this.

According to another Southern California lawyer, no one associated with the film is safe from lawsuits.

Denise Bohdan, a defense attorney in Los Angeles, told The Washington Post, “Everyone will be sued. Anyone running that set will be sued, especially when they find out who specifically was cutting corners on the set.

“Yes, Alec Baldwin was the main producer but it might be found out that another producer did more to cut corners. I don’t think there will be anything as bad as a murder charge but this is going to be a legal nightmare for Baldwin.”

“The facts have yet to come out but as to potential criminal charges they will look to his possible negligence,” Rachel Fiset, a criminal lawyer with the Los Angeles firm Zweiback, Fiset & Coleman, told The Post.

“His problems don’t lie in what he did as an actor. It will certainly come out that he thought he was firing a blank. The real issue is his role as a producer and the safety protocols – or lack thereof – on the set. If real negligence is proven, that could result in criminal charges.”

The Santa Fe County Sheriff’s Office’s public relations officer, Juan Rios, told USA TODAY on Friday that he couldn’t confirm what sort of ammo was in the fake gun: “That information is one of the particulars that we’re trying to determine at this point – what kind of projectile was in that firearm.”

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