Alec Baldwin ‘could face’ manslaughter charges, say legal experts

American legal experts argue Alec Baldwin could face criminal charges over the accidental killing of a cinematographer on the set of his new movie.

The tragedy on the Santa Fe, New Mexico, set of Alec Baldwin’s Rust could have serious legal consequences for the actor, legal experts told The New York Post Saturday.

Baldwin fired a prop gun Thursday that accidentally killed the film’s director of photography Halyna Hutchins, 42, legal experts told The New York Post Saturday.

The repercussions for Baldwin — the film’s executive producer — could even include negligent manslaughter charges, according to Joseph Costa, a lawyer with Costa Law in Los Angeles.

“As an executive producer, you are in a position of control and you can get prosecuted criminally,” he said. “It’s the equivalent of drinking and driving, meaning someone may not have intended to cause great harm but they do.”

Cinematographer Halyna Hutchins died after being shot with a prop gun by Alec Baldwin. Picture: Instagram

Alec Baldwin and Halyna Hutchins (circled) are pictured together on the set of Rust, in an image that she uploaded to Instagram two days ago. Picture: Supplied

New Mexico criminal lawyer Erlinda Johnson, a former state and federal prosecutor said the Beetlejuice actor could face possible criminal liability for involuntary manslaughter.

“All the state needs to demonstrate is that he was engaged in a lawful, but dangerous act and did not act with due caution,” she said. “That’s what the state has to prove for involuntary manslaughter, which is a fourth-degree felony with a maximum penalty of up to 18 months in prison.”

She speculated that Baldwin may rely on the defence that someone handed him the gun, “but then, well it was incumbent upon him, since he was handling the gun, to make sure there were no rounds.”

Johnson continued: “Clearly someone didn’t do their due diligence. They should have been checking those guns to make sure there were no live rounds.”

Another Southern California lawyer said no one involved with the film is safe when it comes to getting slapped with a civil complaint.

“Everyone will be sued,” LA defence lawyer Denise Bohdan told The Post. “Anyone running that set will be sued, especially when they find out who specifically was cutting corners on the set.

Alec Baldwin was seen ‘distraught’ after the fatal shooting of cinematographer Halyna Hutchins on the set of Rust. Picture: Jim Weber/Santa Fe New Mexican

“Yes, Alec Baldwin was the main producer but it might be found out that another producer did more to cut corners. I don’t think there will be anything as bad as a murder charge but this is going to be a legal nightmare for Baldwin.”

Rachel Fiset, a criminal lawyer with the LA firm of Zweiback, Fiset & Coleman, told The Post: “The facts have yet to come out but as to potential criminal charges they will look to his possible negligence.

:His problems don’t lie in what he did as an actor. It will certainly come out that he thought he was firing a blank. The real issue is his role as a producer and the safety protocols – or lack thereof – on the set. If real negligence is proven, that could result in criminal charges.”

Security guards stand behind a locked gate at the entrance to the Bonanza Creek Ranch. (Photo by Sam Wasson/Getty Images)

Candles are placed around a photo of cinematographer Halyna Hutchins during a vigil held in her honour at Albuquerque Civic Plaza. Picture: by Sam Wasson/Getty Images

But veteran New York City criminal defence lawyer Ron Kuby said he doesn’t believe Baldwin “has criminal exposure” under New Mexico law, though “he certainly has civil exposure as the producer and employer on the movie set.”

“The other thing that’s troubling is that the union members left the set and scabs were brought in to take over,” Kuby said. “Obviously, they failed to follow safety protocols. To the extent that Baldwin authorised the employment of incompetent scab labour, he faces serious liability.”

Kuby continued: “Baldwin had no reason to believe he was engaging in criminal activity. It’s not like he was driving a car knowing the brakes were bad.”

This article originally appeared on the New York Post and was reproduced here with permission