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Follow on Google News | Alec Baldwin Will Be Charged With Criminal Homicide - As PredictedPointing Even "Unloaded" Gun at Person is Reckless - Civil and Criminal
Involuntary manslaughter in New Mexico is a Class D felony punishable by up to 18 months in prison. In a release dated October 25, 2021 entitled Baldwin May Be Civilly and Criminally Liable - Law Professors, Banzhaf wrote: "Yes, Alex Baldwin could also be charged criminally," "Baldwin's actions likely make him civilly liable for the tort of negligence because he did not act as a reasonably prudent person, and take reasonable steps to reduce the clearly foreseeable risks inherent in handling any gun - even one he may have reasonably believed to be 'cold,' incapable of firing, unloaded, etc. - because a fundamental rule regarding any gun is to never point it at another unless you intend to shoot him, says Banzhaf." "Even very young children are taught never to point any gun at another; a basic and common sense rule emphasized over and over again on movie sets, and thus one which would establish the standard of care any person - much less for an experienced movie actor and producer - would know, argues Banzhaf, who has been called the 'Law Professor Who Masterminded Litigation Against the Tobacco Industry,' a 'King of Class-Action Lawsuits,' and 'a Driving Force Behind the Lawsuits That Have Cost Tobacco Companies Millions of Dollars.'" A wrongful death lawsuit was filed against Alec Baldwin and other key members of the production on Feb. 15, 2022. Banzhaf also wrote at the time of the shooting: "The criminal law professor also maintains that Baldwin could be charged with involuntary manslaughter for "the commission of a lawful act which might produce death . . . without due caution and circumspection"; "Especially in light of prior events on this movie set and in the movie industry generally, and because this crime of involuntary manslaughter does not require proof of a 'specific intent' - in this situation a desire by Baldwin to injure anyone with a gun - this charge probably could be sustained . . ." http://banzhaf.net/ End
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