Baldwin more likely to face civil negligence than criminal charge, lawyers say

Actor and producer Alec Baldwin is more likely to face civil liability actions than criminal charges for firing a prop gun that killed a cinematographer and injured a director on the set of his movie, California attorneys said Friday.

Baldwin could be subject to civil liability for negligence even if it is determined that no criminal charges would be filed, said Los Angeles attorney Kevin Boyle of Panish, Shea, Boyle and Ravipudi LLP.

“The standard for civil negligence is much lower than the standards for criminal responsibility. A possible theory of civil negligence could be that Mr. Baldwin, as the producer of the movie, had a duty to make sure that protocols were followed so that there would be no loaded weapons on set,” Boyle said. “A potential complication for the suit is that if the victims were employees of the production, and the production had properly paid for workers’ compensation insurance, it could be argued that would bar a lawsuit against Mr. Baldwin or the production.”

However another plaintiffs’ attorney said that in the film industry when a person holds the position of director they’re usually not considered an employee; they’re an independent contractor.

“This is most likely not going to be a workers’ compensation claim,” said Brian S. Kabateck of Kabateck LLP in Los Angeles. “Somebody made a horrible mistake and I’m sure there will be several lawsuits filed.”

Baldwin was on the set of his Western film “Rust” when cinematographer Halyna Hutchins was killed and director Joel Souza was wounded on Thursday at a ranch in Sheriffs’ Investigators said that a scene was being filmed which “involved the use of a prop firearm” when it discharged. Detectives are trying to determine what shot out of the barrel of the prop gun.

“Several protocols have been placed” for use of prop guns on movie sets since actor Brandon Lee was shot to death on the set of “The Crow” in 1993, Kabateck added.

It’s unclear whether those protocols were adhered to, but they include a ban on live ammunition on a set.

Baldwin released a statement Friday on his Twitter account.

“There are no words to convey my shock and sadness regarding the tragic accident that took the life of Halyna Hutchins, a wife, mother and deeply admired colleague of ours. I’m fully cooperating with the police investigation to address how this tragedy occurred and I am in touch with her husband, offering my support to him and his family. My heart is broken for her husband, their son, and all who knew and loved Halyna.”

The Santa Fe County First Judicial District Attorney Mary Carmack-Altwies said this investigation has many moving parts.

“This case is still in the preliminary stages of investigation,” Carmack-Altwies said in a phone interview Friday. “At this time, we do not know if charges will be filed. We will look into all of the facts and evidence of the case with great discretion and have further information at a later time.”

Legal experts were wondering how an accident of this magnitude could happen with all the safety protocols surrounding firearms on movie sets.

“I always learned you never point a gun at a person unless you intend to kill someone,” Kabateck said.

Depending on the findings in the criminal probe there is always the possibility of a negligent homicide charge which could be levied depending on where the evidence points, Kabateck said.

A firearms expert should have checked the weapon before handing it to Baldwin, said Boyle.

“My guess on this is that actors are not generally firearms experts so they likely would not have a legal duty to check the guns themselves,” said Boyle. “That would be the responsibility of the firearms experts hired by the production. But here, as previously stated, Mr. Baldwin was the producer, and arguably he and the production had the responsibility to make sure the firearms experts were doing their job properly. And if the firearms experts were employees of the production, the production could be vicariously liable for their actions.”

Lancaster attorney Rex Parris said his experience leads him to believe most likely every shortcut possible was taken on the set.

“There could be a charge of gross negligent homicide in the criminal arena,” said the head of Parris Law Firm. “On the civil side, anybody who had any role with that weapon will most presumably be named in a lawsuit.”