Halyna Hutchins
Alec Baldwin 35 years ago
Baldwin Recently
Baldwin was the only one holding the gun and he said he cocked the hammer. How the gun fired seems to be a sort of mystery but there’s no mystery about who was holding the gun when it fired. Baldwin. Did Baldwin shoot Halyna Hutchens? That’s not clear. To shoot someone a shooter has to want to shoot the gun. Baldwin seems not to have wanted that but it’s a bit unclear because he cocked the hammer. He claims the gun went off without him pulling the trigger. OK. How can that happen? Easy. do not cock the hammer 100%. Stop the hammer cock right before the hammer engages the mechanism that holds the hammer in the cocked position. If it’s let go when it’s almost cocked it can fire the cartridge in the gun. BOOM! Whether Baldwin wanted to fire the gun or not, why did he move the hammer back? Did he think about what he was doing? Probably not. That absolves him from the intention of shooting but perhaps not of the shooting itself. If he absent-mindedly cocked the hammer back but not fully back and not fully cocked and the hammer moved forward fast enough it could have fired the cartridge. If that’s what happened Baldwin is still guilty of manslaughter because the gun was in his hand and only in his hand when it fired. Manslaughter doesn’t require a motive or a desire to shoot. Manslaughter is killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder. It just means someone was killed. That’s the least of what happened here. Baldwin had the responsibility for taking care of the gun. He should not have cocked it. He should not have had it pointed at Hutchens. It had no need to be pointed at Hutchens.
Should Baldwin go to jail? Probably not. He was careless but certainly not reckless. Recklessness is a legal term typically associated with personal injury law. … Personal injury recklessness describes the defendant’s knowing his conduct was most likely to cause, but committed the tort anyway. Recklessness is also used in criminal law to describe a defendant’s intention. Baldwin certainly did not know his actions, his conduct was most likely to cause injury or death. Baldwin certainly did not want to shoot anyone. This is another human tragedy. No need to make things worse by getting involved in hair-splitting detail and dragging this on and on. It should be over. It needs to be over. Get it over with. It’s a tragedy.
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