Louisiana Attorney Explains Alec Baldwin’s Chances of Conviction

We now know that actor Alec Baldwin has been charged with involuntary manslaughter in the deadly shooting on the set of Rust, a western he was set to star in. Baldwin has denied knowing there were bullets in the gun, which killed and injured the film’s cinematographer, Halyna Hutchins rust Director Joel Souza. He has also denied actually firing the gun, saying it was accidentally fired.

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(Photo by Sam Wasson/Getty Images)

While a civil suit between Hutchins’ husband and son against the film’s producers has been settled, the issue of criminal charges has yet to be resolved. This matter was decided after prosecutors in Santa Fe, New Mexico, made it clear how responsible they hold Baldwin – along with the armorer and the assistant director of “Rust” – for the death of Hutchins.

If any of those three people — Alec Baldwin, Hannah Gutierrez-Reed, or David Halls — had done his job, Halyna Hutchins would be alive today. It’s that simple. The evidence clearly shows a pattern of criminal disregard for security on the “Rust” film set. There is no place in New Mexico for movie sets that don’t take seriously our state’s commitment to gun safety and public safety.

This was Andrea Reeb, a special prosecutor assigned to the case.

The Santa Fe County Sheriff’s Office is holding a press conference regarding the accident on set of “Rust” starring Alec Baldwin

(Photo by Sam Wasson/Getty Images)

Whether the shooting was an accident or whether Baldwin’s fame played a role, many people wonder, “What are the chances of Baldwin being convicted and will he actually serve a prison sentence?”

What is negligent homicide?

Before we can determine the likelihood of a conviction and prison sentence, let’s examine the involuntary manslaughter charge.

“Involuntary homicide is the lowest criminal charge to hold someone responsible for the death of another person,” says Joshua Ritter in this USA Today article, Criminal Attorney and Partner at El Dabe Ritter Trial Lawyers in Los Angeles. “Even if someone is doing something lawful and without due care that action could result in the death of another person, you may be criminally liable.”

Baldwin and Gutierrez-Reed faced two counts of involuntary manslaughter and as USA Today points out“One establishes whether there was underlying negligence and the other requires there was more than simple negligence in Hutchin’s death.”

While both charges can carry up to a year and a half in prison and a $5,000 fine, the latter charge carries a mandatory five-year prison sentence.

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(Photo by Mike Coppola/Getty Images for the 2022 Robert F. Kennedy Wave of Hope Human Rights Gala)

What are Baldwin’s chances of a conviction?

The latter allegation of gross negligence will be difficult to prove. This is acc Baton Rouge criminal defense attorney Franz Borghardt Who says prosecutors have to prove that Baldwin knew or should have known the gun was, or likely would be, loaded. Baldwin claims he didn’t know, which Borghardt says will make it harder for the jury to convict without a doubt.

If it’s a prosecutor trying to make a name for himself, he’d better be willing – no pun intended – to be a faster slingshot than the legal team likely to be representing Mr. Baldwin.

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Linh

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