Attorney Warns Potential Criminal Case Against Alec Baldwin Won’t Be Easy – Exclusive

Since cinematographer Halyna Hutchins was fatally shot on the set of the movie Rust in October, people have wondered how much legal danger Alec Baldwin – who held the gun – is currently facing. Baldwin told George Stephanopoulos in one abc news Interview that he never pulled the trigger, but an FBI forensic analysis released in August found that the actor must have pulled the trigger for the gun to fire, according to ABC News.

Los Angeles personal injury attorney Miguel Custodio of Custodio & Dubey told Nicki Swift that the FBI’s findings spell potential criminal liability for Baldwin. Custodio said Baldwin could face manslaughter charges because the Rust set appeared to be in a state of “chaos” when it came to safe handling of guns and ammunition. “He could be made an example of, which would result in him being prosecuted,” Custodio told Nicki Swift.

However, another Los Angeles attorney is now telling Nicki Swift he thinks criminal prosecution against Baldwin would be very difficult. “As for the new information that Baldwin pulled the trigger, I don’t think these new facts materially affect the criminal investigation,” said Tre Lovell, an entertainment law expert. “In order to prove involuntary manslaughter, the state must prove that Baldwin was either reckless or criminally negligent.” So what else did Lovell share?

Attorney Tre Lovell says criminal charges aren’t easy to prove

According to Tre Lovell, founder of the Los Angeles firm Lovell, it would be difficult for the state to prove Alec Baldwin was “criminally negligent” in the death of Halyna Hutchins, which requires a higher level of negligence than usual. “The facts known so far are that he had no idea the gun was ‘hot’, he was entitled to rely on the gunsmith to check the gun and make sure it was safe and that he had no others Knowing facts to suggest the gun would discharge a life bullet, pulling the trigger would have been customary and not negligent, let alone criminally negligent,” Lovell told Nicki Swift.

Lovell also says that while Baldwin claims he never actually pulls the trigger in his films, but he did in this one instance, it “shouldn’t detract from the elevated standard of care.” Basically, this means that even if Baldwin pulled the trigger, it’s not unusual for an actor on set, and it was the gunsmith’s job to make sure the gun wasn’t loaded, not Baldwin’s.

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However, it doesn’t look like Baldwin isn’t out of the legal forest just yet. Back in April, Santa Fe Sheriff Adan Mendoza told NBC, “I don’t think anyone’s off the hook when it comes to criminal charges.”