If ol one shot one kill stands trial and gets acquitted, can white people start rioting and looting? We could do something original like White Lives Matter.
Alec Baldwin literally just shot two people
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It's great to fit in with the rest of the group.Some folks enjoy being the asshole. Congrats, you found your happy place.
I'm no lawyer, but I do know management can be held criminally liable for failure to maintain safety standards, including failures by employees unknown to them, when it results in a serious injury or death - whether willful, negligent, or turning a blind eye to those failures. Directors and producers are all management on a movie set, and as a collective both on and off set they failed in that regard, with the Assistant Director in particular responsible as it is typically their duty to ensure safety on the set.
Now if a DA is actually willing to pursue those charges is dubious and yet to be seen. Not that I really give a shit, but I'm not holding my breath for someone to be locked up in the end, especially someone having a household name.
There is a better chance that the production company could be held criminally liable, but when a company is charged, no one goes to jail, it becomes a political/monetary issue. And prosecution of a company is always a political product.
You don't fit in with the rest of the group. I believe the overwhelming majority of members on this site believe in personal responsibility, especially when operating dangerous things. A few seconds of diligence would have avoided a tragedy.
I'm not admitted to the Bar in Arizona, but if you substitute 'car" for "gun" and tell the story.....
.......who was steering the vehicle when it struck the decedent?
It makes not a whit of difference what mechanic worked for what car rental company if you drove into someone intentionally.
This is why waivers of liability come into play.
PHELPS v. FIREBIRD RACEWAY INC (2005) | FindLaw
Case opinion for AZ Supreme Court PHELPS v. FIREBIRD RACEWAY INC. Read the Court's full decision on FindLaw.
caselaw.findlaw.com
Supreme Court of Arizona,En Banc.
Charles PHELPS, an Arizona resident, Plaintiff-Appellant, v. FIREBIRD RACEWAY, INC., an Arizona corporation aka and/or dba Firebird International Raceway, a corporation, Defendant-Appellee.
No. CV-04-0114-PR.
Decided: May 18, 2005
Skousen, Skousen, Gulbrandsen & Patience, P.C. by David L. Abney, Mesa and Law Offices of Hartley E. Newkirk, by Hartley E. Newkirk, Tucson, Attorneys for Plaintiff-Appellant, Charles Phelps. Jennings, Strouss & Salmon, P.L.C. by Jay A. Fradkin, John J. Egbert, Phoenix, Attorneys for Defendant-Appellee, Firebird Raceway. Osborn Maledon, P.A. by Thomas L. Hudson, Taylor C. Young, Phoenix, and Piccarreta & Davis, P.C. by JoJene E. Mills, Tucson, Attorneys for Amicus Curiae, Arizona Trial Lawyers Association. Law Offices of Charles M. Brewer, Ltd., by Charles M. Brewer, John B. Brewer, Dane L. Wood, Phoenix, Attorneys for Amicus Curiae, The Law Firm of Charles M. Brewer, Ltd.OPINION
¶ 1 This case requires us to determine whether Article 18, Section 5 of the Arizona Constitution, which provides that the defense “of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury,” applies to an express contractual assumption of risk. We hold that it does.
I
¶ 2 Charles Phelps was a professional racecar driver who had participated in more than 100 races at Firebird Raceway, Inc. Before participating in a Firebird race, drivers must sign a “Release and Covenant Not to Sue” (“Release”) and a “Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement” (“Waiver”). Phelps signed both the Release and Waiver before taking part in a race. The Release contained the following provisions:
I HEREBY RELEASE, DISCHARGE AND ACQUIT ․ Firebird ․ from any and all liability claims, actions, or demands, including but not limited to [a] claim for death, which I may hereafter have because of my injury, death, or damage while on the track, ․ or when participating in any race activities․
I UNDERSTAND that participating in drag racing contains DANGER AND RISK of injury or death, ․ but, nevertheless, I VOLUNTARILY ELECT TO ACCEPT THE RISKS connected with my entry into the restricted area and with racing.
The Waiver's relevant provisions stated:
[T]he Undersigned ․ HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE [Firebird] ․ FOR ALL LOSS OR DAMAGE ․ ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE, while the Undersigned is in or upon the RESTRICTED AREA, and/or competing ․ or for any purpose participating in such event․
EACH OF THE UNDERSIGNED expressly acknowledges that the ACTIVITIES OF THE EVENT ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. EACH OF THE UNDERSIGNED also expressly acknowledges the INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
¶ 3 During the race, Phelps lost control of his vehicle and crashed into a wall. Phelps' vehicle erupted into flames and he suffered severe burns. Phelps sued Firebird in superior court, claiming that its employees were negligent in failing to rescue him more quickly from the burning vehicle and in failing to provide adequate emergency medical care. Firebird relied on the Release and Waiver in defending against Phelps' claims.
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I count myself as one of those who value and expect those around me to be responsible and agree that the accident was eminently avoidable. It would be a mistake to consider every statement I make to be indicative of my personal belief system.
New Mexico Statutes Section 30-2-3 (2018) - Manslaughter ...
https://law.justia.com › codes › new-mexico › 2018 › chapter-30 › article-2 › section-30-2-3Applicability to motor vehicle accidents. — This section, the involuntary manslaughter statute, was in no sense repealed by adoption of the negligent homicide statute (64-22-1, 1953 Comp.), but has been in full force and effect at all times; although cases of death resulting from driving while under the influence of intoxicating liquor were taken out from under its operation by adoption of ...
Universal Citation: NM Stat § 30-2-3 (2018)
30-2-3. Manslaughter.
"B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.
Whoever commits involuntary manslaughter is guilty of a fourth degree felony."
2019 New Mexico Statutes :: Chapter 30 - Criminal Offenses :: Article 2 - Homicide :: Section 30-2-3 - Manslaughter.
Justia Free Databases of U.S. Laws, Codes & Statutes
law.justia.com
Willful violation of a state occupational health and safety standard which causes the death of an employee would appear to constitute a violation of Subsection B of this section. 1973 Op. Att'y Gen. No. 73-32.
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"
POSTED ON OCTOBER 31, 2021 BY SCOTT JOHNSON IN FIREARMS, HOLLYWOOD
STEPHEN HUNTER: THE SHOOTING
Our friend Stephen Hunter describes the column below as “one more Alec Baldwin piece, this from a film critic and acknowledged firearms expert.” Steve was the Pulitzer-Prize winning film critic of the Washington Post and is the author of the Bob Lee Swagger novels. His new novel is TARGETED, which will be published in January by Atria/Emily Bestler Books and is available for pre-order now. Steve writes:What did Alec Baldwin know of the firearm with which he killed Halyna Hutchins? The answer, based on his filmography, is not much.
Whether intentionally or by chance, he has had a remarkably gun-free career as a film actor. He has never made a Western. His most recent exposure dates back to 1994’s “The Getaway,” in which he used a .45 automatic, as did Steve McQueen in Sam Peckinpah’s original. However the automatic is a pistol from another era (1911 on) and its protocols are entirely different than the Italian clone of the Colt Peacemaker he reportedly used on the set of “Rust.”"
^^^^^^from the linked article
His most recent exposure dates back to 1994’s “The Getaway,” in which he used a .45 automatic
^^^^^^^false statement
shitty critic shittily defends shitty actor/human
Pixie 2020, "not much experience"......
You be the Judge, does this video look like Baldwin with a 1911?
Is 2020 more recent than 1994?
Not seeing where he defends Baldwin but did you actually read past that first couple paragraphs?
“
Something like this must have happened to Baldwin. The actor, as reported, was sitting in the pew of the church, practicing. He was trying mightily to get the draw-cock rhythm down and that was his focus, though dangerously adding the element of speed. It never occurred to him that the gun was loaded. (Rule No. 1: All guns are always loaded.) He was unaware that his muzzle had drifted onto the camera crew where Ms. Hutchins and director Joel Souza were crouched. (Rule No. 2: Never let your muzzle cover anything you aren’t willing to destroy.)
In practicing the draw-while-cocking integration, his index finger had wandered onto the trigger, depressing it just far enough to bypass the cocking function. (Rule No. 3: Don’t touch the trigger until you’re ready to shoot.) Struggling awkwardly, he released the hammer under the impression he had cocked the pistol. He hadn’t. The hammer flew forward. The gun fired. (Rule No. 4: Always know what your target is.) It is quite possible that absent knowledge of these mechanics, he still believes the gun fired on its own, out of some defect. The defect was his.
Most gun accidents are confluences of unlikelihoods, defying logic and all odds. Just consider the train of “if onlys” that produced this one. But distraction, more than anything, is a root cause. Whatever the legal, professional, or moral outcome, it should remind all shooters, Hollywood or Baltimore or any place in between, to pay attention. Let me add Rule No. 5: When you have a gun in your hand, it is the only thing in the world.”
Sure sounds like he is saying if dipshit knew more about the guns he was using he wouldn’t have accidentally shot two people.
That's not really the question at hand here. Baldwin is the one that was handling the firearm when the shot was fired. A lot of people saw him do it. He's admitted to it. It's fair to say that Baldwin pulled the trigger beyond a reasonable doubt. If Baldwin gets charged with unintentional manslaughter, the question the jury is going to be asked to decide is if Baldwin acted without due care; in other words, did Baldwin act without the same level of care that reasonable and ordinary person in the same circumstances? Baldwin fucked up three times to produce this situation: he failed to check if the firearm was loaded, he pointed the gun at a person, and then he pulled the trigger. I think it's a tough sell to argue that a reasonable person would've acted the same as Baldwin and done all three of those things together, let alone one of them.
Again, a lot of people on that set were negligent and I think they should all be charged accordingly.
No, the question the jury will be asked is was he criminally negligent. His lawyer will point to the other people who were negligent and say it was their fault, and that it was reasonable for him to rely on “the experts.”. All he has to do is confuse a couple of people on the jury and create some doubt, and there is no conviction.
Don’t get me wrong, I think he (and several others who were involved) are responsible. I just don’t think the way our criminal justice system works is likely to convict him of a crime as an individual, and I think that most prosecutors would be reluctant to press the case unless there is an additional political motive.
Don’t get me wrong, I think he (and several others who were involved) are responsible. I just don’t think the way our criminal justice system works is likely to convict him of a crime as an individual, and I think that most prosecutors would be reluctant to press the case unless there is an additional political motive.
I'm sorry, I did not.
I got to the first bullshit statement:
That stopped me at the credibility bar......
I'll read the rest, if I have to to, search out the point he made.
Sorry, he's not much of a film critic if he can't keep track of last year's movies:
Movie Theater - Pixie (2020)
Once upon a time in the west..... https://www.imdb.com/title/tt10831086/ Gangsters, Drug Dealers, Guns, Crooked Priests, Dead Bodies, Betrayal, Afghanis, IRA.....and Sluts... What more does a movie need?
www.snipershide.com
I'm sorry, I did not.
I got to the first bullshit statement:
That stopped me at the credibility bar......
I'll read the rest, if I have to to, search out the point he made.
Sorry, he's not much of a film critic if he can't keep track of last year's movies:
Movie Theater - Pixie (2020)
Once upon a time in the west..... https://www.imdb.com/title/tt10831086/ Gangsters, Drug Dealers, Guns, Crooked Priests, Dead Bodies, Betrayal, Afghanis, IRA.....and Sluts... What more does a movie need?
He was a film critic, he did that from 1982 till 2008 which would explain his 1994 reference and him not knowing about a movie that came out last year since he has been out of it for over a decade. Now he mostly just writes books but he is very much a firearms enthusiast who is very detailed in his writings.
His book Point Of Impact, beside being turned into the movie “Shooter”, introduced me to long range shooting, handloading, the Winchester Model 70, the .300 H&H cartridge and is primarily the reason I’m on this site to write these words in the first place. Hands down the most costly book I’ve ever read because if it wasn’t for him I’d still have several custom rifles, a full reloading set up and a shitload of components worth of money in my bank account.
Anyone that takes 160gr .267 diameter bullets, splits the jacket in the nose, then shoots them out of a .264 Win Mag to test if it they would hold together in flight, maintain accuracy and rapidly expand on impact while writing a fictional book about the JFK assassination is a cool dude in my book.
Wow, very cool!
I saw Marky Mark in that, frankly as far as movies go I enjoyed him more in 22 Mile with Rhonda Rousey, but I liked Michael Peña as an actor too. Didn't realize he was in Shooter too.
Michael Peña was awesome in Ant-Man, but I digress.
Did you know that The Crystal Cathedral's bankruptcy case involved trailers full of 20' tall puppets made by the same people who did the puppets for Team America?
Pretty hilarious in and of itself.....
CRYSTAL CATHEDRAL MINISTRIES
"This appeal arises out of a dispute between chapter 11 debtor Crystal Cathedral Ministries (“CCM”) and appellee Carol Milner about the contents of seven storage containers. Neither CCM nor Ms. Milner knows what is in those containers; there is no inventory of their contents, and no one has opened them for many years. But even though the parties literally do not know what they are fighting over, they have spent about a decade and hundreds of thousands of dollars warring over the unknown contents of the containers. "
But if you think the BK appeal ^^^^^^ is hilarious, read this review by an atheist and a Jew:
Church du Soleil – OC Weekly
www.ocweekly.com
I can't seem to find video of the play itself, that may be for the best......
My life is one long collection of movie references, it's kind of a cautionary tale.....
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We need cops to watch these dangerous guns...
nypost.com
Alec Baldwin says cops should be on every movie set that uses guns to ‘monitor safety’
Alec Baldwin, who shot and killed Hutchins on the set of his Western “Rust” in late October, posted the missive on his now-private Twitter account early Monday morning.
nypost.com
What a fucking idiot. Most cops I know shoot 3 to 4 times a year.
Wasn't this F-wad part of the Hollyweird club, that was in favor of defunding the police?? MacWe need cops to watch these dangerous guns...
Alec Baldwin says cops should be on every movie set that uses guns to ‘monitor safety’
Alec Baldwin, who shot and killed Hutchins on the set of his Western “Rust” in late October, posted the missive on his now-private Twitter account early Monday morning.
What's with the sour-faced chick holding up the phone? What does she think she's gonna do with that, capture the reporters' souls or something?
Intimidating the reporters… ask a question they don’t like and they have it in video… sue the paper? Have their thugs intimidate them? Share the video so that the other reporters can destroy their ‘enemy’ in their ranks.
Sirhr
Interested in "ongoing efforts to limit use of firearms on film sets?" Then why in the fuck was he producing/staring in yet another movie with significant firearms usage? That's ok, I know the answer.
Well really we don't know thst. Back then people just "left the industry"...and people knew how to keep their mouth shut
Here is the latest from the people who want to "De-fund the Police".........
www.oann.com
Alec Baldwin calls for police on film sets to monitor gun safety
Alec Baldwin calls for police on film sets to monitor gun safety
LOS ANGELES (Reuters) - As Hollywood considers new safety measures following the fatal shooting during filming of Western movie "Rust," actor Alec Baldwin said on Monday he believed film and TV
www.oann.com
I can understand not liking people that you work with but calling for more shootings is a little much?Here is the latest from the people who want to "De-fund the Police".........
Alec Baldwin calls for police on film sets to monitor gun safety
Alec Baldwin calls for police on film sets to monitor gun safety
LOS ANGELES (Reuters) - As Hollywood considers new safety measures following the fatal shooting during filming of Western movie "Rust," actor Alec Baldwin said on Monday he believed film and TV
Alec Bal-face asking for 'more police on set' is simply a statement of:
"I'm too stupid to do my own thinking for myself, so please, somebody else come here and do my thinking for me"
"I'm too stupid to do my own thinking for myself, so please, somebody else come here and do my thinking for me"
If Alec the Moron expands on the "more police on set" BS he'll eventually tell us poors that the police are necessary to make certain that the armorer and everybody upstream from his lame, ignorant ass does THEIR job correctly. You can bet the farm that he will NEVER admit that he was in any way responsible for this homicide and wounding.
Why does he think police are weapons experts?
Because he is a fucking hypocrite and retarded idiot.
The cop at the range that tried to check if the bore on his Henry was clear by attempting to bend my cleaning rod through the action instead of the muzzle would beg to differ.
National
Felons
League
Former Tampa Bay Buccaneers and Tampa Bay Bandits football player and undercover agent Lee Paige first sued over the disclosure of the April 2004 video in April 2006. Now, Mike Scarcella of National Law Journal reports, he wants an appeals court to overturn a ruling that ended the suit in December.
“I am the only one in the room professional enough, that I know of, to carry this Glock 40,” Paige said just before he shot himself in the foot.
DEA Agent Pushes Privacy Claim in Appeals Court
A federal agent who accidentally shot himself during a videotaped drug education presentation in Florida is pressing forward with his suit against the government, urging a federal appeals court to find the public disclosure of the video marked an invasion...
legaltimes.typepad.com
A federal agent who accidentally shot himself during a videotaped drug education presentation in Florida is pressing forward with his suit against the government, urging a federal appeals court to find the public disclosure of the video marked an invasion of privacy.
The plaintiff, Lee Paige, wants the U.S. Court of Appeals for the D.C. Circuit to overturn a ruling in December that terminated the suit. Paige said in the complaint [.pdf], filed in Washington’s federal trial court in April 2006, that the disclosure of the video harmed his reputation. The court picked up the appeal earlier this week.
it wasn't shooting himself that harmed his rep.....
utation..........................
...it was the video
National
Felons
League
Former Tampa Bay Buccaneers and Tampa Bay Bandits football player and undercover agent Lee Paige first sued over the disclosure of the April 2004 video in April 2006. Now, Mike Scarcella of National Law Journal reports, he wants an appeals court to overturn a ruling that ended the suit in December.
“I am the only one in the room professional enough, that I know of, to carry this Glock 40,” Paige said just before he shot himself in the foot.
DEA Agent Pushes Privacy Claim in Appeals Court
A federal agent who accidentally shot himself during a videotaped drug education presentation in Florida is pressing forward with his suit against the government, urging a federal appeals court to find the public disclosure of the video marked an invasion...legaltimes.typepad.com
A federal agent who accidentally shot himself during a videotaped drug education presentation in Florida is pressing forward with his suit against the government, urging a federal appeals court to find the public disclosure of the video marked an invasion of privacy.
The plaintiff, Lee Paige, wants the U.S. Court of Appeals for the D.C. Circuit to overturn a ruling in December that terminated the suit. Paige said in the complaint [.pdf], filed in Washington’s federal trial court in April 2006, that the disclosure of the video harmed his reputation. The court picked up the appeal earlier this week.
it wasn't shooting himself that harmed his rep.....
utation..........................
...it was the video
People like him and Baldwin don't want any evidence showing that they are dumbasses. Their little feelings are hurt.
PS: I never get tired of watching that video. I also wonder how big the puddle of blood got on the floor before someone decided to call for paramedics.
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National
Felons
League
Former Tampa Bay Buccaneers and Tampa Bay Bandits football player and undercover agent Lee Paige first sued over the disclosure of the April 2004 video in April 2006. Now, Mike Scarcella of National Law Journal reports, he wants an appeals court to overturn a ruling that ended the suit in December.
“I am the only one in the room professional enough, that I know of, to carry this Glock 40,” Paige said just before he shot himself in the foot.
DEA Agent Pushes Privacy Claim in Appeals Court
A federal agent who accidentally shot himself during a videotaped drug education presentation in Florida is pressing forward with his suit against the government, urging a federal appeals court to find the public disclosure of the video marked an invasion...legaltimes.typepad.com
A federal agent who accidentally shot himself during a videotaped drug education presentation in Florida is pressing forward with his suit against the government, urging a federal appeals court to find the public disclosure of the video marked an invasion of privacy.
The plaintiff, Lee Paige, wants the U.S. Court of Appeals for the D.C. Circuit to overturn a ruling in December that terminated the suit. Paige said in the complaint [.pdf], filed in Washington’s federal trial court in April 2006, that the disclosure of the video harmed his reputation. The court picked up the appeal earlier this week.
it wasn't shooting himself that harmed his rep.....
utation..........................
...it was the video
It's not like everyone in his department, in fact all departments, his circle of friends, family and everyone he ever went to high school with didn't hear about the incident and hasn't seen the video, he's worried about the rest of the world.
Not watching the video of that lisping, Hollywood pos but looking at him he appears haggard, like he's lost weight and hasn't slept in days.
Good.
There was a reason not long ago actors were no more than clowns and court jesters.
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