Since he didn’t intentionally pull the trigger. This has to be an accidental discharge or mechanical failure leading to discharge. The negligence is on the armor first and foremost for handing a live round in the chamber to an actor on set then declaring cold gun. That changes the legal dynamic considerably. Actors are not qualified, tasked nor expected to second guess their professional armors this has a long standing legal precedence. Don’t let politics blind you to facts. The actor th at shot Brandon Lee was never charged why? Because the armor failed to clear the gun , declared it a cold gun and when the gun went off the bullet still in the guns barrel from an earlier scene flew out and killed Brandon Lee. The actor was not expected then nor would they be now to know to clear a weapon that’s the armor job and legal responsibility.
No politics in my statement or position. Its a matter of the state law.
You wont find anything in state law to explain away or excuse the fact that Balwin picked up a gun and in his own words before retracting them, pulled the trigger and killed someone.
Universal Citation: NM Stat § 30-7-4 (1996 through 1st Sess 50th Legis)
30-7-4. Negligent use of a deadly weapon.
A. Negligent use of a deadly weapon consists of:
(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
(2) carrying a firearm while under the influence of an intoxicant or narcotic;
(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.
Now, NM law says that negligent discharge is a misdemeanor, but its a crime none the less. Add in homicide...
30-2-3. Manslaughter.
Manslaughter is the unlawful killing of a human being without malice.
A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.
Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.
B. 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.
Whoever commits involuntary manslaughter is guilty of a fourth degree felony.
The excuse game is way too common today. Society is destroyed by it. You or I would be in jail right now for a similar 'mistake'. Negligence and carelessness are the two leading causes of accident with firearms. That is exactly why such laws are in place.
By the law, Baldwin is guilty of 4th degree felony homicide.