‘Though “involuntary manslaughter” is defined by New Mexico statute to includes death caused by lack of “due caution,” New Mexico precedent limits it to situations where the defendant had “subjective knowledge ‘of the danger or risk to others posed by his or her actions.’
Alec Baldwin is expected to be charged for involuntary manslaughter for the death of cinematographer Halyna Hutchins:
Baldwin has long maintained his innocence, saying in televised interviews that gun safety wasn’t his responsibility and that he did not pull the trigger.
Reports prepared by FBI analysts in Virginia, however, cast doubt on that claim, saying a replica of a vintage Pietta Colt .45, “functioned normally when tested in the laboratory.”
The FBI report also noted that, in order for the revolver to fire, the trigger would have been pulled.
What’s all this manslaughter business, you might ask? Let’s start with the New Mexico manslaughter statute (though, as we’ll see, we won’t end with that):
By Eugene Volokh