ALEC Baldwin could be prosecuted for involuntary manslaughter over Halyna Hutchins’ death as he’s the executive producer on the western movie Rust, according to legal experts.
Baldwin, 63, accidentally shot cinematographer Hutchins and director Joel Souza at the Bonanza Creek Ranch just outside of Sante Fe, New Mexico, on Thursday.
Alec Baldwin accidentally shot cinematographer and director on the set of the film Rust[/caption]
Halyna Hutchins was fatally shot on Thursday[/caption]
Los Angeles-based attorney Joseph Costa, told The New York Post: “As an executive producer, you are in a position of control and you can get prosecuted criminally.
“It’s the equivalent of drinking and driving, meaning someone may not have intended to cause great harm but they do.”
Erlinda Johnson, a criminal attorney in New Mexico, also warned that the TV and film star faces possible criminal liability for his actions.
Johnson told the news outlet: “All the state needs to demonstrate is that he was engaged in a lawful, but dangerous act and did not act with due caution.
“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 added: “It was incumbent upon him, since he was handling the gun, to make sure there were no rounds.”
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Baldwin’s accidental shooting is now under investigation by the Occupational Health and Safety Bureau.
A representative of the OHSB exclusively told The Sun: “On Thursday evening, the New Mexico Occupational Health and Safety Bureau (OHSB) learned through the New Mexico Film Office of a workplace fatality and an injury to a second person that occurred during filming on a movie set in Santa Fe County.”
Read our Alec Baldwin shooting live blog for the very latest news and updates…
“The production company reported the fatality and injury to OHSB last night, in accordance with workplace safety laws,” the statement said.
“OHSB is investigating the incident in coordination with law enforcement, the employer, and employees. No additional information will be released at this time, pending completion of the investigation.”
As the probe remains underway, the International Alliance of Theatrical Stage Employees (IATSE) Local 44 has confirmed that the prop gun used by Baldwin contained a “live round” of ammunition.
According to The Telegraph, James Liebman, a professor at Columbia Law School, said Baldwin could be “liable” if he was “conscious of a serious risk of harm.”
He explained: “Manslaughter requires proof that the defendant was actually, subjectively, conscious of a serious risk of the harm that ensued.
“If Baldwin was told by someone on whom it was reasonable to rely that the gun was safe or unloaded, that should absolve him of liability under either theory.
“If, however, he wasn’t so assured, or if he had reason to seriously doubt the reliability of the person who said the gun was safe, then he could be liable under either theory – but the case for his liability as the shooter would be much stronger than the case for it as the producer.”
Despite what legal experts have said, Hutchins’ distraught father, Anatoly Androsovych, refuses to lay the blame on Baldwin.
On October 22, Baldwin took to Twitter to release a statement just one day after the tragic incident.
Baldwin said: “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 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.”
Following the accident, Baldwin was seen sobbing outside a local police station in Santa Fe, New Mexico, after he was questioned by police.
Baldwin was seen upset after the tragic shooting[/caption]
This aerial photo shows the Bonanza Creek Ranch in Santa Fe, New Mexico[/caption]
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