Gun safety is key to Baldwin prosecution

DAVID MARKUS, a Florida defense lawyer, would have done well to check New Mexico law on involuntary manslaughter before casting aspersion on the motives of New Mexico district attorneys for prosecuting Alec Baldwin.

New Mexico law defines manslaughter as the unlawful killing of a human being without malice. This negates Markus’ contention that evil intent is required.

Involuntary manslaughter is manslaughter in the commission of a lawful act which might produce death in an unlawful manner or without due caution or circumspection. So, in response to Markus’ rhetorical question as to whether Baldwin was required to check to see if the gun was loaded after being told it was a cold gun, the answer is yes.

The first rule of gun safety is to treat all guns as if they are loaded. The second rule is to never point a gun at something or someone you do not intend to shoot. The third rule is to make sure of your target and what’s behind it.

It is clear from the facts Baldwin violated all of these common-sense rules. He was shooting a revolver in which bullets are loaded into a rotating cylinder and are clearly visible when the gun is brought to eye level, unlike a semi-automatic pistol where the bullets are loaded into a magazine, which is inserted into the pistol grip. This is no more an accident than is the situation where someone is killed by a drunken driver.

Finally, Baldwin (apparently) lied about not pulling the trigger. Guns don’t just “go off.” As the FBI tests of the gun in question showed, it is impossible to fire the gun in question without pulling the trigger.

Handing a gun on a movie set is no different than driving a car on a movie set. The actor has a responsibility to learn the basics of operation, and it is clear from Baldwin’s own statements that he failed to do that.

Markus is a defense lawyer, and his bias in this case has certainly clouded his legal judgement.