mikeylikey wrote: ↑Mon Jan 23, 2023 9:58 am
aurelius wrote: ↑Fri Jan 20, 2023 6:14 pm
dw wrote: ↑Fri Jan 20, 2023 6:07 pmI didn't want to say it because it was too much a shot in the dark (since I basically don't know anything about this case or New Mexico politics), but to me it also sounds like some kind of politically motivated publicity stunt.
DA's are elected or appointed. A high profile case goes a long way to launching a DA into a higher political office. There is overcharging here (a 5-year minimum sentence if convicted). I think we see the DA offer a similar deal that the assistant director took (no prison time) and see if Baldwin bites.
For me: someone intentionally mixed dummy rounds with live rounds. There should not even have been live rounds on set. That is the culprit primarily responsible. Now if the DA has information that Baldwin was involved with bringing live rounds onto set, that is a horse of a different color.
There are 4 main rules of gun safety, and they're designed so that you have to break at least two of them at once for anyone to get hurt. Baldwin broke 3 and maybe all 4. That's not in dispute.
Technically, what happened meets the legal definition of involuntary manslaughter, easily. The facts are pretty much agreed upon. Baldwin has several affirmative defenses. Legally the standard for an affirmative defense is clear and convincing evidence, not proof beyond a reasonable doubt.
Any variation of "It's really the armorer's fault" ultimately reduces to "I didn't know the gun was loaded." which doesn't cut mustard for you or I because that's the whole point of the other safety rules.
"Well, i'm an actor, there are *different* safety rules for actors." Okay well maybe. Let's consult those rules:
https://www.sagaftra.org/files/safety_b ... _9_3_0.pdf
Treat all weapons as though they are
loaded and/or ready to use. Do not play
with weapons and never point one at
anyone, including yourself.
Elsewhere in the same document:
Refrain from pointing a firearm at anyone, including yourself. If it is absolutely necessary to do so on camera consult the Property Master (or, in his/her absence, the weapons handler and/or other appropriate personnel determined by the locality or the needs of the production) or other safety representative, such as the First A.D./Stage Manager. Remember that any object at which you point a firearm could be destroyed.
I don't know the exact details, but this was from wiki ....
Apparently, they weren't even in the process of actual filming, and only preparing to.
The SAG protocols as outlined would have prevented this...as they weren't filming, and he obviously pointed a gun
at a person at people, and to use the SAG verbage, destroyed them. So it was not necessary to point at a person at this not "on camera" moment. It seems, Baldwin was just sorta fucking around by himself with another going over things, because at this moment, no one was prepared for shooting-of-blanks either, as no one had eye or earing protection on. The gun should have been unloaded of all ammo at this point: dummy rounds, blanks, or otherwise (blanks are dangerous, especially at 2' range). Had he shot an another actor who intentionally was put in front of the muzzle as a part of scripted scene, and just handed a fresh declared cold gun from the Assist.Director, MAYBE there's some rationalized defense here (IMO, still no).
Also being the Baldwin shot the lady in the chest, and the dude in the shoulder, at only 2' away, that doesn't sound like an accidental discharge in the sense of accidental upon un-holstering, as that usually results in a shot straight down, or down and a steep angle. Sounds like he straight up aimed that a gun (doesn't matter if loaded, unloaded, thought it was unloaded, Assist.Director said it was unloaded, or not) right at
a person people.
Maybe later he would have shot someone in a moment when actual filming occurred, but maybe not, as we don't know how the scene was going to be set up (maybe none was going to be in front of the gun). BUT, everyone would be on guard at the point, knowing there WAS a gun with blanks ABOUT to be fired (if that's even what was going to occur). Likely no one would be in front of the pointed gun; and perhaps they would've really checked the gun for blanks, etc .... as the shooting was supposed to happen.
If they were shooting blanks, pretty sure in a revolver that's the simple crimped over brass cartridges with no slug which are super-easily identifiable against a live round, especially in a fucking revolver. If this involved a close up scene (gun in your face point blank), to where dummy rounds are used (the nose of the bullets are visible in a few of the holes of closed carousel on a revolver from the front), replica dummy rounds are also easily identifiable, especially in a revolver. The one's I've seen have no primer, and/or are hollow and have a small metal ball in them so they rattle .... IOW a blind person could tell the difference.
Rehearsal and shooting incident
B-camera operator Reid Russell was situated on a camera dolly, looking at a monitor with Hutchins and Souza both nearby. The scene involved Baldwin's character removing a gun from its holster and pointing it toward the camera.[5][3] The trio behind the monitor were two feet from the muzzle of the firearm and none of them were wearing any protective gear like noise-canceling headphones or safety goggles.[5]
While the trio behind the monitor were repositioning the camera to remove a shadow, Baldwin began explaining to the crew how he planned to draw the firearm.[3] He said, "So, I guess I'm gonna take this out, pull it, and go, 'Bang!'"[5] When he removed it from the holster, the gun was fired a single time. Baldwin and Halls have said that Baldwin did not pull the trigger, a claim that was later challenged by an FBI report.[35][36][37] The projectile flew towards the three behind the monitor, striking Hutchins in the chest and Souza in the shoulder.[4][31][38] Script supervisor Mamie Mitchell called 9-1-1 at 1:46 p.m. PT and emergency crews appeared three minutes later.[5] Footage of the incident was not recorded.[27]