DailyMail.com has been told by legal experts that Alec Baldwin lawsuits are almost certain. However, any criminal charges against Baldwin will likely be brought against the person who prepared the prop gun he used on set to accidentally kill Halyna Hutchins.
Attorney Jamie White, who is experienced in both criminal defense as civil prosecutions, said that if Baldwin or another person was negligent, a civil lawsuit is almost a no-brainer at the point — a very high probability.
“But the criminal side will be very fact-sensitive. He said that criminal consequences would only be possible if someone was negligent or reckless. Baldwin is unlikely to have been responsible for the preparation of props.
Baldwin claimed Friday that the killing of a cinematographer using a prop gun on a set was a tragic accident as authorities investigated the shooting which also injured the director.
Alec Baldwin speaks to the phone on Thursday outside the Santa Fe County Sheriff’s Office. DailyMail.com is told by legal experts, that Alec Baldwin lawsuits are virtually certain after the death of Halyna HUTCHINS.
Hutchins, who was killed on the set, was described as a 42-year-old woman with a promising future.
Hutchins was the cinematographer for the Western movie Rust. Joel Souza was also shot and hurt on Thursday in the desert near Santa Fe.
Baldwin spokesperson said that a prop gun with blanks was’misfired’. Santa Fe County Sheriff spokesperson said that detectives are investigating the type and manner in which the projectile was discharged. No charges were immediately filed.
The case’s key facts are not yet known. They include who loaded the prop weapon, which cartridges were used, and how and why the projectile was fired.
White stated, “As the facts have been presented, Baldwin won’t be charged with an intention act of violence.”
It is not uncommon to be charged with serious negligence. There are many more facts that need to developed, but studios take great cautions in light Brandon Lee’s 1993 death,’ he stated. He was referring to the actor who was killed by a squib on The Crow’s set.
Miguel Custodio, a Los Angeles personal injury lawyer, stated that the facts are clear and that the liability points to Rust Movie productions and the prop manager.
A news cameraman records Friday’s entry to the Santa Fe County Sheriff Office in Santa Fe. Officials say Alec Baldwin, actor, fired a gun at the Bonanza Creek Film Ranch to shoot a Western. He killed the cinematographer.
After being questioned on Thursday about his shooting on the Santa Fe County Sheriff’s Office set of Rust, Alec Baldwin is seen looking distraught in the parking lot.
Custodio pointed out that Baldwin is likely to be named in any lawsuit due to his role both as a producer and actor.
Alec Baldwin stated that he is not liable as an actor because he was given the item and he trusts the prop manager to check it out.
Depending on whether Baldwin is an investor or a more active participant in the film’s making, Baldwin may be more responsible.
Custodio added that ‘Overall this is terrible negligence and Ms. Hutchins’ survivors should go after everybody they can. “It’s probable they’ll pursue Baldwin the actor, Baldwin as producer, Baldwin the film company, and the prop manger.
Neama Rahmani (ex-federal prosecutor) is the president West Coast Trial Lawyers.
“A charge of murder is unlikely, because it requires the intention to kill. Rahmani said that there is no evidence that Baldwin intended to kill.
“A manslaughter accusation might be more likely because it does not require the intent to kill, but it does require criminal negligence or gross neglect,” he said. In this case, it is reported that the prop gun was loaded using live rounds. If true, this is gross negligence and the person responsible for loading the gun is going be held accountable.
Rahmani stated that Baldwin, even if he knew nothing about the fact that the gun was loaded in a live round rather than a blank, would not be subject to any criminal liability.
Guillaume Delouche, Independent Studio Services’ props expert holds a prop gun as he explains them to people in Sunland Tujunga (Los Angeles) on Friday. It is not yet clear what type of prop gun was used in Thursday’s fatal shooting.
Rahmani stated that if the live round was accidentally loaded, it is likely that it was a case of simple negligence. This would not result in criminal liability.
He stated that there are very rare situations in which criminal charges can be brought against someone who did not know the round was live.
“That’s when there is deliberate indifference, or willful ignorance. This is difficult to prove and why these types of prosecutions are rare.
Rahmani added that it all boils down to the contents of the gun, who put them in, and what information they had at the time. “If it was a blank blank, even blanks can prove dangerous when fired at close ranges. This can be considered grossly negligent.
Custodio speculated, based on his speculations, that any civil suit brought to court by the Hutchins’ family would likely seek large damages.
He stated that she was 42 years of age and had a bright future. Her potential earnings would be substantial.
‘It’s also clear that somebody failed her in the most basic way — to check whether a gun was safe — and may be criminally negligent,’ added Custodio. Remember that director Joel Souza was also injured and many others on the set are also traumatized by this.
Although no criminal charges have been brought against Baldwin, police state that an active investigation is ongoing. Baldwin has pledged to fully cooperate with the investigation.