I am an attorney.
I think it's unlikely he'll be charged with a crime. Criminal law is about intent. The person either has to intend to cause the result or must be acting so recklessly that the result was likely to occur. I believe it will be determined by prosecutors or a grand jury that Baldwin reasonably relied on the assertion that it was a cold gun and thus his actions did not rise to the level of criminality. Don't get me wrong, I despise the guy and would love to see him spend years in jail, but I don't think it's going to happen.
I do think he will be subject to civil liability to the survivors, though. That's a simple negligence standard, which is a much lower standard than criminal negligence. Hopefully, he will be drained of everything he has.
“Based on the apparent facts of this case, it appears incontestable that Alec Baldwin violated at least two, and arguably all three, of those primary gun handling safety rules when he engaged in the conduct that killed Ms. Hutchins.
First, he pointed the muzzle in her direction—presumably directly at her, as she was obviously struck by the bullet fired out of that muzzle.
Second, he failed to first ensure that the weapon did not contain a live round.
The result: the unintended discharge of the bullet into Ms. Hutchins, killing her.
That, in a nutshell, certainly appears to be the “commission of a lawful act which might produce death … without due caution and circumspection.”
And that, as we’ve already seen, is the statutory definition of involuntary manslaughter under § 30-2-3.
The New Mexico statute has been quoted here before. It fits Alec and this case to a tee.
In the context of involuntary manslaughter, § 30-2-3 reads in relevant part:
“Manslaughter is the unlawful killing of a human being without malice. … B. Involuntary manslaughter consists of manslaughter committed in the … commission of a lawful act that might produce death … without due caution and circumspection.”
IF there is any justice left, Alec Baldwin WILL BE CHARGED in this case.
I suspect he WILL BE FOUND GUILTY (because HE IS GUILTY)
Sentencing ? Probably fines, community service, suspended sentence of jail/prison time. Ordered to make movies/public service announcements about gun safety.
https://lawofselfdefense.com/the-hunt-for-red-manslaughter-alec-baldwins-damning-police-interview/