Our focus here, of course, is on involuntary manslaughter. Manslaughter, which addresses both voluntary and involuntary manslaughter.

The relevant New Mexico statute on involuntary manslaughter is § 30-2-3.

New Mexico Involuntary Manslaughter Statute: § 30-2-3. If such intent to harm were established, we’d obviously be looking at a much more serious criminal charge than mere involuntary manslaughter.Īssuming, as we are, these facts to be established, it would certainly appear that they are more than sufficient to justify a criminal charge of involuntary manslaughter under New Mexico law and to support a conviction beyond a reasonable doubt on that charge. Separately, we are assuming for purposes of today’s analysis that Baldwin did not intend to injure Ms. Hutchins (e.g., this was not an act of lawful self-defense-which it clearly was not).

And, of course, that there was no justification for the shooting of Ms.

Hutchins and pressed the trigger, killing her.

That Baldwin had the opportunity to inspect the weapon for live ammo before he directed it at Ms.

That the gun contained a live round, the bullet of which struck and killed Ms.

Hutchins by Baldwin when it was fired (e.g., she was not killed by an unpredictable ricochet).

That the muzzle of the weapon was directed towards Ms.

That the gun discharged because the trigger was depressed by Baldwin (and not because of some defect in the weapon).

That it was Alec Baldwin who was manipulating the gun that fired the projectile that killed Ms.

The relevant facts we’re presuming to be established for purposes of this analysis include: Since last Friday, however, it appears that certain facts have been established that have moved us hard towards the right side of that continuum and towards a conclusion that this tragic event looks increasingly like felony involuntary manslaughter. Given the “fog of war” circumstances on Friday, rather than advance towards a “right answer” as to the likely legal consequences of the shooting, we instead framed our analysis in terms of at least asking the “right questions.”Īccordingly, we explored last Friday whether this tragic shooting might best be characterized as an accident, in the technical legal sense, or mere negligence giving rise to only civil liability, or perhaps recklessness giving rise to criminal culpability-specifically, involuntary manslaughter. Last Friday we shared some analysis immediately after this tragic event just the day prior, and during which there remained considerable uncertainty and speculation regarding relevant facts surrounding what happened.

Killing floor listen vs dedicated