Wednesday, October 27, 2021

"Negligence at a minimum!"

Ben Johnson reports in the Daily Wire,
Attorney Andrew Branca of Law of Self Defense similarly weighed in on the Baldwin case, Friday.
The fatal shooting could be argued to be an accident, prove negligence, or be classified as recklessness or involuntary manslaughter — a worst-case scenario for the actor, Branca said in an 18-minute video.
In our hypothetical with the defective gun, for example, it may be true that the discharge of the gun was not foreseeable by Alec Baldwin, and therefore not really in his control—but the direction in which the gun was pointed certainly was in his control.
The death of Ms. Hutchins by the discharge of the gun could not have occurred had the gun not been pointed at her—and that pointing of the gun at her would certainly seem to constitute negligence.
Anyone trained in firearms safety—and anyone handling an inherently dangerous instrument like a firearm can be reasonably expected to have a duty to be trained on its safe operation around others—would know that one of the four primary safety rules of handling firearms is that you do not point the muzzle of the gun at anything you are not willing to destroy.
Pointing the gun at Ms. Hutchins then, at least under circumstances in which the gun discharges and kills her, would certainly qualify as negligence at a minimum, and thus create civil liability for her death.
Read more here: https://www.dailywire.com/news/famed-lawyer-alan-dershowitz-says-its-likely-on-set-hutchins-killing-a-homicide

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