January 20, 20233 yr 17 minutes ago, binkybink77 said: That’s fine if that’s like your opinion man - but you really didn’t state it as your personal interpretation. 🤷🏻♀️ The DA is probably more familiar with the laws in Santa Fe both living there and attending law school. The DA clearly sees this as a criminally negligent and possibly reckless action by Baldwin. That’s why I have been saying that they don’t necessarily care what the industry standards are for this in Hollywood or on movie sets - that don’t appear to have been properly followed in this case anyway. You also have other actors like Clooney who claim you absolutely should be responsible for checking a firearm in the commission of a scene. Actors shouldn’t get some special treatment in not knowing how to properly handle a working firearm. The current standards should remain with the added requirement for the actor to be another check during the scene. If Santa Fe and their jury decide that their statute should be interpreted and applied that an actor is responsible for safety measures when handling a gun it could and should set a new precedent within that industry. Quite frankly I think they are better off not using actual working firearms to begin with. You use the words negligent and reckless. Neither of those words are in the NM manslaughter statute. Quote New Mexico Statutes Chapter 30 - Criminal Offenses Article 2 - Homicide Section 30-2-3 - Manslaughter Manslaughter is the unlawful killing of a human being without malice. A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion. Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being. B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection. Whoever commits involuntary manslaughter is guilty of a fourth degree felony. So, the elements for this crime in the manner in which they are charging him for it: 1: killing without malice element met 2: during lawful act where a death could have occurred to to a lack of due caution and circumspection. element met, BUT FOR WHOM? An actor is handed a gun on a movie set. Actor does not check gun, because he's an actor. This is not at all outside of the norm. Ok, cool, George Clooney said something. I didn't know he was President, Chairman, and CEO of actors everywhere. Is Alex Baldwin a good person? No. Should Alec Baldwin be charged? No.
January 20, 20233 yr That’s not the full statute and criminal negligence is included when it’s involuntary manslaughter during commission of a lawful act from what I read earlier and will link to when I’m not at dinner. Again the DA stated that they don’t believe that actors should be treated any differently than others when it comes to handling a firearm. He may not get convicted.. or he might. But the standards were obviously met for charging him.
January 20, 20233 yr 1 hour ago, Bill said: You use the words negligent and reckless. Neither of those words are in the NM manslaughter statute. That's semantics. This means the same thing: Quote or without due caution and circumspection.
January 20, 20233 yr Author Mickey Rourke says "no way in hell” Baldwin should’ve been charged and I get most, not all but most, of my legal advice from Mickey Rourke. BTW, Mickey Rourke…cleanest ass in Hollywood.
January 20, 20233 yr https://law.justia.com/codes/new-mexico/2019/chapter-30/article-2/section-30-2-3/ 2019 New Mexico Statutes Chapter 30 - Criminal Offenses Article 2 - Homicide Section 30-2-3 - Manslaughter Criminal negligence required for involuntary manslaughter by lawful act. — A killing by lawful act, to be involuntary manslaughter, depends on whether the lawful act was done in an unlawful manner or without due caution and circumspection. The phrase "without due caution and circumspection" has been held to involve the concept of "criminal negligence," which concept includes conduct which is reckless, wanton or willful. State v. Grubbs, 1973-NMCA-096, 85 N.M. 365, 512 P.2d 693, overruled on other grounds, Santillanes v. State, 1993-NMSC-012, 115 N.M. 215, 849 P.2d 358; State v. Yarborough, 1995-NMCA-116, 120 N.M. 669, 905 P.2d 209. Also.. I mentioned Clooney’s remarks about it to demonstrate that it’s not a black and white issue that everyone in the industry has some consensus on - not because he’s some final authority. Clooney, likely being more risk averse, practices additional due care when handling a firearm precisely because of the dangerous outcome that handling a firearm can result in.. particularly if the handler isn’t proficient or well trained in its safety. I’m not sure why the public should just accept that it’s "different” for actors when most can agree that handling a working firearm comes with a tremendous responsibility- and no one is more culpable than the person pointing it at someone and then pulling the trigger.
January 20, 20233 yr 1 hour ago, The_Omega said: That's semantics. This means the same thing: Quote or without due caution and circumspection.
January 20, 20233 yr 52 minutes ago, VanHammersly said: Mickey Rourke says "no way in hell” Baldwin should’ve been charged and I get most, not all but most, of my legal advice from Mickey Rourke. BTW, Mickey Rourke…cleanest ass in Hollywood. Did he gets his law degree at CVON U?
January 21, 20233 yr Author 13 minutes ago, Tnt4philly said: Did he gets his law degree at CVON U? No you’re thinking of Binky.
January 21, 20233 yr 3 minutes ago, VanHammersly said: No you’re thinking of Binky. Yes thank you.. since I’m the only one here correctly citing the statute, the penalties involved and the DA’s justification for bringing charges.
January 21, 20233 yr 10 minutes ago, VanHammersly said: No you’re thinking of Binky. Apparently all you have to do is post the statute and viola, you are lawyer.
January 21, 20233 yr Author 5 minutes ago, Tnt4philly said: Apparently all you have to do is post the statute and viola, you are lawyer. I’m not sure why they’re bothering with a trial when Binky’s already got the case wrapped up.
January 21, 20233 yr 3 minutes ago, VanHammersly said: I’m not sure why they’re bothering with a trial when Binky’s already got the case wrapped up. Maybe TEW can take second chair? Didn’t he get that dude who killed the pedestrian in Charlotte acquitted?
January 21, 20233 yr 11 minutes ago, Tnt4philly said: Apparently all you have to do is post the statute and viola, you are lawyer. I never claimed to be a lawyer. There are literally other people in this thread who are making incorrect assertions but when I correct them with proper citation I’m claiming to be a lawyer . Last I checked this is a discussion board that covers lots of subjects that people aren’t experts in the field of but can intelligently discuss. 4 minutes ago, VanHammersly said: I’m not sure why they’re bothering with a trial when Binky’s already got the case wrapped up. Right because I haven’t repeatedly stated he may or may not actually be convicted.
January 21, 20233 yr 26 minutes ago, binkybink77 said: I never claimed to be a lawyer. There are literally other people in this thread who are making incorrect assertions but when I correct them with proper citation I’m claiming to be a lawyer . Last I checked this is a discussion board that covers lots of subjects that people aren’t experts in the field of but can intelligently discuss. Right because I haven’t repeatedly stated he may or may not actually be convicted. 😂😂😂
January 21, 20233 yr 15 minutes ago, Tnt4philly said: 😂😂😂 I’m not sure why that’s funny - Bill claimed the statute doesn’t include language regarding criminal negligence and recklessness - I posted the extended statute showing it does. Anyway I’ll take my ball and go home. I don’t post much anymore because I’m too busy with my daughter. You guys clearly have enough diversity with your old white dude opinions to not need additional voices around here. Nanny nanny boo boo - enjoy your sausage party.
January 21, 20233 yr 1 hour ago, binkybink77 said: I’m not sure why that’s funny - Bill claimed the statute doesn’t include language regarding criminal negligence and recklessness - I posted the extended statute showing it does. Anyway I’ll take my ball and go home. I don’t post much anymore because I’m too busy with my daughter. You guys clearly have enough diversity with your old white dude opinions to not need additional voices around here. Nanny nanny boo boo - enjoy your sausage party. Straight to the old fall back, every time lmao.
January 21, 20233 yr 3 hours ago, Tnt4philly said: Maybe TEW can take second chair? Didn’t he get that dude who killed the pedestrian in Charlotte acquitted? "She was obese and had a heart attack, so it will be hard to prove the guy killed her when he ran her over with a 2 ton vehicle!"
January 21, 20233 yr 2 hours ago, Boogyman said: Straight to the old fall back, every time lmao. As a bunch of old white dudes, we're surely gonna be lost now without Perry Mason around to quote renown legal expert George Clooney. Just last night I was laying in bed thinking, "Oh My God, this is terrible. Could somebody please... find George Clooney. Get a hold of this MF'er so I can make sense of all this! Where is George?! Help me George Clooney.”
January 21, 20233 yr 4 hours ago, binkybink77 said: I’m not sure why that’s funny - Bill claimed the statute doesn’t include language regarding criminal negligence and recklessness - I posted the extended statute showing it does. Anyway I’ll take my ball and go home. I don’t post much anymore because I’m too busy with my daughter. You guys clearly have enough diversity with your old white dude opinions to not need additional voices around here. Nanny nanny boo boo - enjoy your sausage party. I did not know that you guys had a daughter. Congratulations to you both!!! 🎈🎊🍾
January 21, 20233 yr 9 hours ago, binkybink77 said: https://law.justia.com/codes/new-mexico/2019/chapter-30/article-2/section-30-2-3/ 2019 New Mexico Statutes Chapter 30 - Criminal Offenses Article 2 - Homicide Section 30-2-3 - Manslaughter Criminal negligence required for involuntary manslaughter by lawful act. — A killing by lawful act, to be involuntary manslaughter, depends on whether the lawful act was done in an unlawful manner or without due caution and circumspection. The phrase "without due caution and circumspection" has been held to involve the concept of "criminal negligence," which concept includes conduct which is reckless, wanton or willful. State v. Grubbs, 1973-NMCA-096, 85 N.M. 365, 512 P.2d 693, overruled on other grounds, Santillanes v. State, 1993-NMSC-012, 115 N.M. 215, 849 P.2d 358; State v. Yarborough, 1995-NMCA-116, 120 N.M. 669, 905 P.2d 209. Also.. I mentioned Clooney’s remarks about it to demonstrate that it’s not a black and white issue that everyone in the industry has some consensus on - not because he’s some final authority. Clooney, likely being more risk averse, practices additional due care when handling a firearm precisely because of the dangerous outcome that handling a firearm can result in.. particularly if the handler isn’t proficient or well trained in its safety. I’m not sure why the public should just accept that it’s "different” for actors when most can agree that handling a working firearm comes with a tremendous responsibility- and no one is more culpable than the person pointing it at someone and then pulling the trigger. That's... That's not the statute. You know that right? Like I literally posted the totality of the statute. What you posted is an explanation of relevant case law surrounding the statute. Case law =/= statute.
January 21, 20233 yr Former Federal Prosecutor Wants To F Alec Baldwin Legal experts say prosecutors will face an uphill battle in securing a conviction against actor Alec Baldwin, who will be charged with involuntary manslaughter for a tragic on-set shooting that left a young cinematographer dead. "This is a very aggressive prosecution,” former federal prosecutor Neama Rahmani told The Daily Beast. "This is overcharging, in my opinion.”
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