Chandler (@remy_legal) is coming to you, after spending a full day, live, in the courthouse.
A grand jury in New Mexico has charged Alec Baldwin with a fresh count of involuntary manslaughter over a fatal movie set shooting in October 2021. Alec will stand trial in this series as we cover the case live.
The Allegation: Alec Baldwin received the firearm from David Halls, a safety coordinator and assistant director (not the armorer), and was told it was safe (He shouted 'cold gun', meaning the gun was not live). Interestingly, Halls had witnessed two negligent discharges (ND) in the days before the accident and had failed to take any appropriate action.
Also, in his position of Safety coordinator, he should have checked the gun was indeed 'cold' before handing it over, in my opinion. While the buck might stop somewhere else, he is still in the chain of negligence [and pleaded 'no contest' to the charge of 'negligent use of a deadly weapon',] and was convicted of that last year.
Baldwin did not check the firearm, and seemingly the person who handed it to him did not check it either. The armorer was not on set. The armorer should always be on set when firearms are being used to ensure safety protocols are being followed. Usually an armorer should give an 'all clear' once firearms are secured. There is scant information on whether Baldwin had the required on-set safety training mandated. Even if he had been using guns on set for decades, it's still required to go over things with an actor before the scene.
As an actor he may be culpable for the incident if it can be shown that he acted negligently when in possession of the firearm. However, an actor is not supposed to be a firearms expert. That's the reason why productions are required to hire someone who is. However, he was also a producer on the production, so in his capacity as producer, he might have some level of culpability. Especially as the armorer, Hannah Gutierrez, said that the producers overruled her and therefore created unsafe work conditions.
However, Gutierrez was found guilty of the misdemeanor of negligent firearm use. It is further alleged that she spent most nights drinking heavily and smoking weed and was very likely hung over when she loaded the weapon.
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https://www.youtube.com/watch?v=HBvSlSrQe90
UPDATE: January 12, 2020:
You asked, I listened.
This video is almost 5 years old now.
There are a LOT of questions about whether or not this information is still accurate as of 2020, can you still be arrested, if it can be applied across the board and in all states and other countries, as well as the possible penalties for refusing.
Also, what penalties are there for refusing the Field Sobriety Tests, can they take my blood by force, etc.
Allow me to tackle each point in turn to alleviate any confusion some of you may have.
Question 1
Q. Is it a crime to refuse the breath test?
A. In some states, YES.
NOT in Kentucky, BUT in some states it IS a crime to refuse the test, so in those states consult with local counsel, but I have HEARD (this not legal advice -- see below) that it is better to consent in those states because EVEN IF you win in those states, and there are about 16 of them, I believe, you could STILL be convicted of the CRIME of refusal. So in some states and countries, you should NOT refuse because you will be convicted of THAT crime, instead. In Kentucky, it is not a crime to refuse the breath test and that is why I advocate that you should "CHOOSE TO REFUSE (or you will lose)". In fact, for about 5 years back in the 1980's refusals were inadmissible at trial. Now they are admissible, but the state doesn't have the BEST possible evidence against you (since you refused), which is the number.
Question 2
Q. Is this information still accurate and applies in 2020?
A. In some states, including Kentucky, YES.
If you refuse the test (breath, blood or urine) you DEPRIVE the state of the BEST possible evidence they could ever have against you. If you submit to the tests, you are now arguing with chemical evidence requiring the testimony of an expert (possibly), which are very expensive -- by having to attack the machine or methodology used to extract and test the breath, blood or urine, etc. So, by SACRIFICING your license and LOSING your privilege to DRIVE, your attorney may now have a better shot at beating your case at trial because now it becomes a he said she said battle in open court, which is way easier to argue against than, say, a 0.092 breath or blood test result, etc.
A further point on this issue -- In Kentucky, we can get you back behind the wheel DAY ONE of your suspension (if it's an alcohol DUI) with the ignition interlock device. So you can get back on the road.
Question 3
Q. Can I still be arrested if I refuse?
A. Almost 100% YES.
You will be arrested with almost 100% certainty if you refuse the test by the side of the road anywhere in the world because now the officer will DEFINITELY suspect that you are under the influence and refusing the test because you are hiding something.
Question 4
Q. Is the Preliminary Breat
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