Here’s the just-filed Alec Baldwin statement of probable cause charging him with involuntary manslaughter. I note in passing that one might also imagine that the author of this probable cause statement had thoroughly read my own series of legal analysis of this tragedy, which began the day after the shooting.
Thanks Andrew for posting this about Alex Baldwin’s ‘case’. It will be interesting to see what his ‘defense’ attorneys can come up with to counter this evidence, what ever evidence is actually allowed in to the record.
Sounds like they might make a case of “negligent use of a deadly weapon” under 30-7-34 subsection A subdivisions (3) or (4), although they didn’t allege any evidence to support a charge under subdivision (4).
30-7-4. Negligent use of a deadly weapon.
A. Negligent use of a deadly weapon consists of:
(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
(4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.
Thanks for posting this, Andrew. He will plead out if he has any sense at all. Oops! What am I thinking? He obviously thinks he’s immune from the consequences of his actions because he is inherently virtuous in view of his leftism. I see a reality check in his future!
Aside from the egomaniacal disregard for the safety and well being of others, the true tragedy is the death of a woman and serious injury of another person. Sad.
I did notice that the statement of probable cause was filled with conclusionary accusations that were not supported by facts that would establish those conclusions beyond a reasonable doubt.
For as long as this investigation took, you would think that there would be evidence to support the conclusions of facts and that there would be facts alleged that would be sufficient to support “criminal negligence” rather than just “ordinary negligence”.
The first statutory element of involuntary manslaughter in NM is lack of justification or excuse, and lack of excuse requires “criminal negligence”. Ordinary negligence is enough to convict you of misdemeanor negligent use of a firearm in NM, but for that negligent use of a firearm not to be “excused from felony” the NM manslaughter statute requires criminal negligence. I don’t think conviction is going to be as easy as just proving “ordinary negligence” in use of a firearm.
Baldwin’s lawyers are going to be making the same argument in this case that Andrew made and is still making in the Kim Potter case, but in this case the media hasn’t incited a lynch mob for the jurors to be chosen from and jury isn’t going to be in fear of personal injury if they don’t convict.