Alec Baldwin’s 'Rust' shooting: Manslaughter or accident? | Opinion
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Screen Actors Guild safety protocols may be a killer or savior of his defense
The Santa Fe County, New Mexico, district attorney earlier this month announced the indictment of actor Alec Baldwin for the shooting death of cinematographer Halyna Hutchins on the set of the western he was starring in and producing, "Rust." The shooting also wounded the film’s director, Joel Souza.
There are many questions as to Baldwin’s legal liability for the discharge of a live round on a movie set:
Among them, to what extent are actors criminally responsible for not personally confirming whether a set gun contains live rounds?
Can actors rely on armorers or other on-set staff to ensure that a gun does not contain live rounds?
Are actors sufficiently trained to determine whether a gun contains real bullets or blanks?
Are verbal assurances by the armorer or production staff adequate before pulling the trigger?
And ultimately for Hollywood, does an involuntary manslaughter charge in this case impose strict liability anytime anyone on a movie set is killed by a firearm?
The New Mexico statute states:
“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.”
But what is “due caution and circumspection”?
No doubt should this case go to trial, there will be much debate surrounding that term in the jury charge.
The risk of death is not limited to the accidental insertion of live rounds. A prop gun with blanks was involved in the death of Brandon Lee on the set of “The Crow” in 1993. Safety bulletins issued by the Screen Actors Guild in November 2009 were meant to prevent other, similar tragedies.
The obligation — or not — of an actor to confirm that a firearm doesn’t contain live rounds may be affected by the SAG safety bulletin, which generally cautions to treat all weapons as though they are loaded. Safety Bulletin No. 1: Firearms, in part states:
"Refrain from pointing a firearm at anyone, including yourself. If it is absolutely necessary to do so on camera, consult with Property Master (or, in his/her absence, the weapons handler and/or other appropriate personnel determined by the locality or the needs of the production) or other safety representative, such as the First A.D. [Assistant Director]/Stage Manager. Remember that any object at which you point could be destroyed.
"NEVER place your finger on the trigger until you’re ready to shoot. Keep your finger alongside the firearm and off the trigger."
The SAG safety bulletins further include specific, detailed warnings about blank ammunition, namely the warning to assume blank guns are loaded. Safety meetings are to occur before any rehearsal or on-camera action and all parties should be “thoroughly briefed” by the property master, weapons handler or other appropriate personnel. To what extent the production company is responsible for failure to train and supervise Baldwin will also likely be an issue, one exacerbated by the fact there were a tangle of production companies and named producers (including Baldwin himself) on the project, typical of an independent film such as "Rust."
On the other hand, Baldwin’s defense may be able to rely on the safety bulletin insofar as actors are instructed to “follow the directions of the Property Master and/or Weapons Handler regarding all weapons.” If the property master or weapons handler confirms that a weapon is “cold” and does not contain live ammunition, can an actor depend on that statement without eyeballing the rounds in the chamber?
SAG further requires that anyone handling a firearm receive training, that the property master and/or weapons handler must meet with cast and crew to address safety precautions, and all weapons must have daily, thorough safety inspections, testing, and cleaning by qualified personnel.
Of course, a SAG safety bulletin doesn’t supersede New Mexico law, so it alone may not help absolve Baldwin of liability. However it may well be introduced at trial to provide one standard as to whether Baldwin exercised due caution and circumspection.
To what extent Baldwin had direct responsibility to personally check and inspect the rounds, whether he had training, and whether he would even have the expertise to know whether a firearm was live or cold will be questions for the jury. His role as a producer may well have vested him with more oversight responsibility. In this case, the SAG safety bulletin is a double-edged sword that will be critical in determining Baldwin’s liability. One thing is certain: Hollywood will be watching closely.
Eric Marcy, Esq., chairs the criminal and administrative law practices at the firm of Lyons & Associates, PC, in Somerville, New Jersey.
This article originally appeared on NorthJersey.com: Alec Baldwin’s 'Rust' shooting: Manslaughter or accident?
