OPINION:
News broke Thursday that prosecutors were dropping involuntary manslaughter charges against actor Alec Baldwin over the fatal shooting of “Rust” cinematographer Halyna Hutchins, 42. New facts are reportedly the reason, but the special prosecutors are leaving open the possibility of refiling the case. The prosecutors note that dropping the charges “does not absolve” Mr. Baldwin of “criminal culpability” in the shooting.
But the charges against Hannah Gutierrez Reed, the armorer who allegedly said the gun was safe, haven’t been dropped.
The new evidence is that Mr. Baldwin’s gun was fitted with “a new trigger, making it possible for it to misfire.” But even if we ignore that the FBI did three accidental discharge tests of the gun used by Mr. Baldwin last year, and the FBI report concluded that it couldn’t be fired “without a pull of the trigger,” it is hard to see how that changes whether Mr. Baldwin is guilty of involuntary manslaughter.
The fact that the armorer probably told Mr. Baldwin that the gun was safe or that the assistant director failed to ensure that was the case is also irrelevant.
None of this would matter if Mr. Baldwin had followed the first rule of gun safety: You don’t point at gun at something unless you intend to shoot it. Even if you believe the gun is unloaded, you don’t point it directly at others.
Mr. Baldwin didn’t follow basic gun safety when he shot Hutchins. Anyone who has been to a shooting range would have that drilled into them. And Mr. Baldwin, an actor for 40 years who has appeared in many movies using guns, must indeed have had this explained to him many times.
Indeed, the Actors Equity Association, the union to which Mr. Baldwin belongs, clearly states the rules for gun use on its website:
• “Treat all guns as if they are loaded and deadly.”
• “Never point a firearm at anyone including yourself. Always cheat the shot by aiming to the right or left of the target character.”
• “Check the firearm every time you take possession of it.”
• “Live ammunition may not be brought into the theatre.”
Short of some new understanding of physics, Hutchins could be shot only if Mr. Baldwin pointed his gun directly at her.
Mr. Baldwin’s repeated claim that he never pulled the trigger is not credible, as an FBI forensic report released in August concluded the firearm couldn’t have gone off unless someone pulled the trigger. But even if it were credible, it would be irrelevant because he violated that first rule of gun safety. If he hadn’t pointed the gun at her, it wouldn’t have mattered if he had pulled the trigger. Mr. Baldwin has made numerous attempts to protect himself from criminal charges by blaming others. For example, even if a staffer had notified Mr. Baldwin that the gun was unloaded, the first rule of gun safety ultimately makes the accident Mr. Baldwin’s responsibility.
As Matt Hutchins, Halyna’s husband, told NBC’s Hoda Kotb in an interview, “The idea that the person holding the gun and causing it to discharge is not responsible is absurd.”
As the executive producer of “Rust” who was on-site, Mr. Baldwin may also bear responsibility for two prior accidental gun discharges on the set. He was responsible for the crew. He hired Ms. Gutierrez Reed, a young, novice armorer. This decision presumably saved the production some money, but at the risk that something might go wrong.
There is no doubt Mr. Baldwin is genuinely sorry about this tragedy. Indeed, as news reports indicate, he was undoubtedly “inconsolable,” but that doesn’t help him either. If you drive a car recklessly and kill someone, you are still liable for negligent manslaughter. The fact that you deeply regret the accident is irrelevant. If they had only observed the proper caution to begin with, the death would have been avoidable.
For involuntary manslaughter, the prosecution has to show that Mr. Baldwin engaged in a lawful but dangerous act and did not act with due caution. A classic example of involuntary manslaughter would be someone shooting a gun into the air while in a crowded place and a stray bullet accidentally killing a person. The person wasn’t even aiming the gun at someone, but they are still responsible. These actions are reckless, negligent and criminal, but they lack intent.
Mr. Baldwin bears the ultimate responsibility for Hutchins’ death. He handled the gun and pointed it at her. As a result, he should go to prison for years.
• John R. Lott is president of the Crime Prevention Research Center.
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