Go | New | Find | Notify | Tools | Reply |
One of Us |
The armorer has the company who supplied the firearms and ammunition sued. The claim being the supplier, provided dummy rounds that were live rounds. However, the supplier has not been charged. Thus, I conclude this attempt to pass the buck to be false. Raises this question for all of those who want actors to change the condition of the firearm. Do we really believe actors to know dummy rounds from live rounds when told the opposite by the expert in control. I read a case in California one time where the Judge at sentencing made a big deal the murder weapon was automatic. The firearm in question was a revolver. No, it was not overturned as the error was judged “harmless” as the Judge did not violate the sentencing guidelines. | |||
|
One of Us |
jumping to concussions again , eh ? DuggaBoye-O NRA-Life Whittington-Life TSRA-Life DRSS DSC HSC SCI | |||
|
One of Us |
To much still unknow. it has been said that the armorer was often sent to do other things, and the second producer david Halls would take over. It was halls who told baldwin the gun was cold.The armorer not even at the scene. Did the armorer complain she wasnt allowed to do her job properly? Did anyone else complain to baldwin about safety issues, and was shut down? I have not heard any answers to these important questions. Looks like a wait and see what comes out, to me. | |||
|
One of Us |
New Mexico Supreme Court case law requires subjective knowledge of the risk or danger associated with the activity that caused the death in relation to an involuntary manslaughter charge. I don't see that here. I'm also curious about the DA's decision to charge without a grand jury indictment. {18} In New Mexico, "the State must show at least criminal negligence to convict a criminal defendant of involuntary manslaughter." Yarborough, 1996-NMSC-068, ¶ 20, 122 N.M. 596, 930 P.2d 131. Because involuntary manslaughter is an unintentional killing, we only attach felony liability where the actor has behaved with the requisite mens rea. Id. ¶¶ 19-20. This Court has made clear that the criminal negligence standard applies to all three categories of involuntary manslaughter. State v. Salazar, 1997-NMSC-044, ¶ 54, 123 N.M. 778, 945 P.2d 996 ("[I]nvoluntary manslaughter, whether premised upon a lawful or unlawful act, requires a showing of criminal negligence."). Criminal negligence exists where the defendant "act[s] with willful disregard of the rights or safety of others and in a manner which endanger[s] any person or property." Henley, 2010-NMSC-039, ¶ 16, 148 1014*1014 N.M. 359, 237 P.3d 103 (internal quotation marks and citation omitted); UJI 14-133 NMRA. We also require that the defendant must possess subjective knowledge "of the danger or risk to others posed by his or her actions." Henley, 2010-NMSC-039, ¶ 17, 148 N.M. 359, 237 P.3d 103. https://scholar.google.com/sch...=7321296618118258418 -Every damn thing is your own fault if you are any good. | |||
|
One of Us |
Yeah, thanks for this. Now, speaking of talking out of your ass, tell us what the New Mexico courts say this statutory provision means. You can start here. 258 P.3d 1008 (2011)
-Every damn thing is your own fault if you are any good. | |||
|
One of Us |
Seriously? You think a major movie star is going to sit next to an armorer and inspect every round that gets loaded into a gun. On movies like Saving Private Ryan or The terminator movies? Where hundreds, if not thousands, of dummy rounds are fired? That would never happen. -Every damn thing is your own fault if you are any good. | |||
|
One of Us |
On the HIGH budget movies there is litterally a Team of armorers - NOT 1 or 2 Those circumstances are Entirely different- Have you leased firearms(NFA and NON NFA) to movies and provided armorers--- I have- Have you been on the set- I have- READ the Safe Set protocol i posted above- IT is what the smaller budget films SHOULD do and generally will DO Baldwin CHOSE to be cheap- Baldwin CHOSE to have a non- armorer handing him a firearm DuggaBoye-O NRA-Life Whittington-Life TSRA-Life DRSS DSC HSC SCI | |||
|
One of Us |
I half way agree w Duggaboy. Baldwin as a producer knew or should have Known of the armorers violations on set of safety. The question is does that make the death foreseeable to get to a jury. If the reporting is true, my opinion would be yes. The issue I disagree w is an actor should change the condition of the firearm as declared by the armorer who has set control. | |||
|
One of Us |
I don't consider checking to see if a gun is loaded to be changing the condition of the firearm. | |||
|
One of Us |
Actor pulls back the charging handle or drops the mag. The firearms condition is now changed from the certified safe condition by the armrest who has full control of the set, and declared the firearm safe. Actor opens up a cylinder, runs the rod the declared safe firearm by the expert in control who declared safe is now changed. One would hope the armed or would see this and make sure the blame and not something else gets put back in. | |||
|
One of Us |
It's unclear to me whether NM courts require, for criminal negligence, actual knowledge of the risk posed by the conduct. Or is the "should have known" standard applicable? If actual knowledge is required, Baldwin could rely on the dumbshit defense. He didn't know better. But if the standard is what he should have known, the rules of gun safety will hang him, I think. Even dumbshits should know better. | |||
|
One of Us |
I do not think it will require actual knowledge. The question is was the death foreseeable from the cartoon. That is why knowledge of sagger violations on set matter as the BM prosecutor has stated. The entire production was ignoring industry safety procedures. If true, that would satisfy proximate causation to get to the jury. That is the theory, the story the Prosecution is telling. Baldwin is not just an actor. He has control of the production as a producer to make a safe set when the production is told this armed or is unsafe because of the armorer’s actions. Given those facts, we assume it was true, a prudent person would not allow the armorer to continue and the foreseeable death happen. | |||
|
One of Us |
Per the New Mexico Supreme Court, subjective (actual) knowledge is required. Again: {18} In New Mexico, "the State must show at least criminal negligence to convict a criminal defendant of involuntary manslaughter." Yarborough, 1996-NMSC-068, ¶ 20, 122 N.M. 596, 930 P.2d 131. Because involuntary manslaughter is an unintentional killing, we only attach felony liability where the actor has behaved with the requisite mens rea. Id. ¶¶ 19-20. This Court has made clear that the criminal negligence standard applies to all three categories of involuntary manslaughter. State v. Salazar, 1997-NMSC-044, ¶ 54, 123 N.M. 778, 945 P.2d 996 ("[I]nvoluntary manslaughter, whether premised upon a lawful or unlawful act, requires a showing of criminal negligence."). Criminal negligence exists where the defendant "act[s] with willful disregard of the rights or safety of others and in a manner which endanger[s] any person or property." Henley, 2010-NMSC-039, ¶ 16, 148 1014*1014 N.M. 359, 237 P.3d 103 (internal quotation marks and citation omitted); UJI 14-133 NMRA. We also require that the defendant must possess subjective knowledge "of the danger or risk to others posed by his or her actions." Henley, 2010-NMSC-039, ¶ 17, 148 N.M. 359, 237 P.3d 103. Unless there is some more evidence out there, I predict the charges will be dismissed or there will be a lesser charge that he will plead out on. Just my opinion.
-Every damn thing is your own fault if you are any good. | |||
|
One of Us |
None of this addresses the statement you made. You think a major movie actor who gets paid millions of dollars per picture is going to sit with an armorer and inspect all the rounds that go into a 30 round magazine for an M4 rifle? Or that when that rifle is handed to the actor on the set, he's going to unload the magazine and check all the rounds? That is what you are saying is required and that is just not going to happen.
-Every damn thing is your own fault if you are any good. | |||
|
One of Us |
Do you think your doctor who makes tens of thousands of dollars per operation is going to be willing to wash his hands before he performs your surgical procedure? See how silly this is? If the requirement to check his ammo load out for the picture is too onerous, he can elect to not take roles that utilize weaponry for the picture. Part of doing a job is that you follow the rules and laws that are required of it. If you don't, you are liable for the consequences of not doing so. If the doc doesn't wash his hands and the patient gets an infection, he is committing malpractice, and if enough intent is found, can (and in some cases -rare- have been) charged with a criminal crime. Same thing with acting and guns. What needs to be determined here is just whether or not Baldwin's behavior was criminal level. That the director and cameraman were shot shows that at the minimum criminal level neglect occurred on the set, and as you well know, the facts of the case need to be determined by a jury. I don't think that the actor has any responsibility to check other people's on the set's stuff, just his own. Using the terminator films as an example, how many blank rounds do you think Schwarzenegger actually fired on the set in Terminator? looking at it, probably way less than 500 in the film, so give it maybe 5000 per all the takes. They filmed it over a month or more... and Arnie wasn't a big name when that one was made... it made him. Blank ammo isn't cheap, and the mechanics of using guns on sets are expensive, so they don't tend to go through millions of rounds. In Saving Private Ryan, how much of the gunfire was actually postfilming editing? More than you might think, I would bet. Its not that unreasonable an expectation.
| |||
|
One of Us |
Dr. Butler, you'd make a great lawyer, I think. I know, that's an insult but your response was truly well written and sensible. ~Ann | |||
|
One of Us |
So confused Ann. It’s a crummy analogy. A doctor washing his OWN hands is a far cry from an armorer inspecting a gun. A better analogy would be: Does a doctor wash his own scrubs to assure that they are clean? Fuck no. He counts on the hospital to do this. | |||
|
One of Us |
Yeah, only a non-lawyer would think that was a good legal argument or analogy. A physician washing his hands takes 2-5 minutes and that's if they're scrubbing in for surgery. Moving from one patient to the next is less than 30 seconds, I'm betting. Actors aren't going to unload magazines and check for live rounds. It's not going to happen. And, they shouldn't....it should be a qualified armorer who ensures that before he hands the weapon to the actor, nobody else has touched the weapon other than him.
-Every damn thing is your own fault if you are any good. | |||
|
One of Us |
The lawyers here told us all about how the Rittenhouse trial was going to go..... and they got nothing right. I'm going to wait for the trial to find out what happens. | |||
|
One of Us |
The surgeon is the expert in charge of the room. The actor is not. The armorer is. We will see. I will again point out with the quote from the prosecutor this charger is being brought against Baldwin because the production was unsafe and did not follow industry safety protocols. | |||
|
One of Us |
They are not charged. | |||
|
One of Us |
Since we're likening it to surgery, wouldn't a reasonable surgeon check out the scalpel that's handed to him before cutting on the patient? | |||
|
One of Us |
Only if the scalpel is thought to be loaded….. Vote Trump- Putin’s best friend… To quote a former AND CURRENT Trumpiteer - DUMP TRUMP | |||
|
One of Us |
These are adults playing with real guns in front of the camera. Yes, they were PLAYING. It's no coincidence that actors were once more commonly known as "players." That being so, why is it an unreasonable burden on the acting industry to expect the actors to know the rules of gun safety? Of all people, gun owners (like those of us here) should know you never treat a gun that's handed to you as empty. I don't care if the armorer doing the handing is an expert on every firearm and an Eagle Scout to boot. If it were anyone else, anywhere else, gun safety wouldn't be too much to expect. | |||
|
One of Us |
Wise words. Nobody ever knows what a jury is going to do. -Every damn thing is your own fault if you are any good. | |||
|
One of Us |
Snort!!!!! Any day now | |||
|
One of Us |
I'm not saying it's an unreasonable burden. I am saying that it doesn't appear to be the way things have been done since the beginning of time in terms of the movie industry and maybe that ought to be the legal standard here? A reasonable person in the same position and with the same experience as Alec Baldwin on a movie set? Who has had dozens of safely loaded prop guns handed to him during the course of his movie career with no problems? You can try to say that he should have checked the weapon per what we all do on the range and every place else. But, isn't it different here? He is used to people handing him guns that are props. That have been loaded with dummy rounds by other people. It's not the same as somebody handing you a weapon that you know is not a prop gun and that based on a ton of experience you're going to check. It's different.
-Every damn thing is your own fault if you are any good. | |||
|
One of Us |
Shut up, Jim.
-Every damn thing is your own fault if you are any good. | |||
|
One of Us |
Dr. Dollar, do surgeons walking into an operating room check to see if the scalpel is sharp? Or, does he or she rely on the folks that sell the scalpels and the other personnel working in the OR to make sure the scalpels are sharp?
-Every damn thing is your own fault if you are any good. | |||
|
One of Us |
The surgeon is in charge. If I am doing a procedure, I do look at my instruments before I start working. Usually there is a sterility marker in the packet, for example. If the scalpel is inadequate, he asks for a new blade. If it is dirty, and he doesn't catch it, he is still responsible for the outcome. If he knew that a nurse working there handled them with bare hands, he would be expected to do something about it, up to cancelling the procedure if in his judgement it was unsafe to proceed. I would grant that there can be differences. A child actor, as an example, would not be expected to have the same expectation of adult reasonable behavior... But in my mind, a gun is a potentially dangerous item. A reasonable person takes certain precautions. Was Baldwin reasonable? I don't think so. But that's my opinion. But the court will apply the law, and the jury will determine fact. I certainly don't think its so clear cut that Baldwin deserved not to be charged. | |||
|
One of Us |
“The surgeon is in charge.” OK, fine, but we are talking about an actor | |||
|
one of us |
How much training and knowledge dose it take to check the rounds in the cylinder of a clean single action revolver? Not much. Open the gate, with the muzzle pointing in a safe upward direction, rotate the cylinder. Unfired rounds or inert rounds with a projectile should drop out without even touching the ejector rod. John in Oregon | |||
|
One of Us |
Johnny, you make a point. However, you have a pro in the armorer and just an actor on the other hand. If the actor would do something to a gun that caused injury, then there would be negligence for the actor not leaving the status of the gun to the pro. | |||
|
One of Us |
With what they can do with camera angles and such... I wonder why they even point the gun at someone anyway. If they all pointed to the side of a person, this thing could never happen anyway. | |||
|
One of Us |
By doing something with a gun to cause injury, I assume pulling the trigger would qualify…. Vote Trump- Putin’s best friend… To quote a former AND CURRENT Trumpiteer - DUMP TRUMP | |||
|
One of Us |
Not when the expert in charge declared the gun safe per industry protocols. You guys keep ignoring the prosecution has said the entire production was unsafe because industry safety protocols were being violated. That is why Baldwin as a producer who should know is being charged. He allowed the unsafe conditions to continue until someone got killed. Thus, making the death foreseeable. That part will be decided as a question of law by the Judge. A question to be answered, but I’d somewhat less importance, a fact that strengths the argument is did Baldwin violate safety protocols pulling the trigger during a rehearsal setup? If so, that is one more factual violation that builds the argument. | |||
|
One of Us |
Wasn't it David Halls, the second producer who handed Baldwin the gun, and claimed cold gun? Halls was not the armorer for the set. | |||
|
One of Us |
I just checked. Halls was the second producer and "safety Officer" Hannah Reed was the only one listed as armorer. So why was Halls stepping in to hand the gun over? | |||
|
One of Us |
The movie and acting industries should have changed their protocols, making actors assume some responsibility for the guns they play with, after the same thing happened to Brandon Lee. | |||
|
One of Us |
Its true Mike. That's funny | |||
|
Powered by Social Strata | Page 1 2 3 |
Please Wait. Your request is being processed... |
Visit our on-line store for AR Memorabilia
Since January 8 1998 you are visitor #: