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Grand jury to hear case as prosecutors say Alec Baldwin has 'criminal culpability' in deadly 'Rust' shooting_我的网站

一 |     AI摘要      陈女士游玩时主动邀约体验太极推手致伤，起诉索赔。永泰法院认定适用“自甘风险”原则，王先生无责。经调解，王先生基于人道主义支付医药费，双方和解。         陈女士在景区游玩时偶遇教授太极的王先生，主动邀约体验太极推手。互动过程中，陈女士不慎摔倒致膝盖擦伤，产生医疗费用。陈女士认为王先生应对其受伤承担全部责任，遂诉至永泰法院，要求赔偿医药费、误工费、精神损失费等费用。法院审理后认为，陈女士主动邀约，属自愿参与。    Prosecutors said Tuesday they believe Alec Baldwin has "criminal culpability" in the deadly shooting of cinematographer Halyna Hutchins on the New Mexico set of "Rust."The special prosecutors investigating the "Rust" shooting said they intend to present the case to a grand jury within the next two months to "determine whether probable cause exists to bind Baldwin over on criminal charges."The actor was practicing a cross-draw on the Santa Fe set in October 2021 when the gun fired, striking the cinematographer and director Joel Souza, who suffered a non-life-threatening injury."After extensive investigation over the past several months, additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza," special prosecutors Kari Morrissey and Jason Lewis said in a statement. "We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial."Baldwin's attorneys said they will "answer any charges in court.""It is unfortunate that a terrible tragedy has been turned into this misguided prosecution," his attorneys, Luke Nikas and Alex Spiro of Quinn Emanuel, said in a statement to ABC News.Baldwin was initially charged with two counts of involuntary manslaughter over the death of Hutchins. Special prosecutors in the case dropped those against the actor in April, though noted at the time that their investigation remains "active and ongoing" and that charges may be refiled."Rust" armorer Hannah Gutierrez was also charged with two counts of involuntary manslaughter. She also faces an additional charge of tampering with evidence, with state prosecutors claiming she handed off a small bag of cocaine following her interview with police the day of the shooting.Gun enhancement charges filed in the case against both Baldwin and Gutierrez were dropped in late February.Gutierrez's attorneys sought to have her charges dismissed, arguing there were jurisdictional and structural issues with the case tied to a change in prosecutors and alleged prejudicial statements made to the media.State District Court Judge Mary Marlowe Sommer denied the motion in August, saying any jurisdictional issues were cured after prosecutors filed an amended criminal information. The judge also said the defense failed to demonstrate "actual and substantial prejudice" to warrant such an "exceptional" remedy as dismissing the charges, and that extrajudicial statements are not something "that need to be addressed at this point."Earlier this month, Sommer ordered "Rust" producers to turn over documents to prosecutors on the agreement between Baldwin and Rust Productions. The production company was seeking to quash the special prosecutor's request.During the hearing, Morrissey said the production company "refused" a request by Gutierrez for more time to train Baldwin on the weapon. Morrissey argued the request was denied to keep production costs low, and that Baldwin, as a producer on the film, would benefit from lower costs."This entire tragedy occurred because Rust Productions cut corners every chance they could and they hired inexperienced and ill equipped crew members. So we have a situation where Rust Productions is doing everything it can to keep costs low so that it can keep profits high," Morrissey said during the Oct. 6 hearing.David Halls, the first assistant director for the film, was sentenced in March to six months unsupervised probation as part of a plea deal. Halls, who handed the Colt .45 revolver to Baldwin prior to the shooting, was charged with negligent use of a deadly weapon.。太极推手虽节奏舒缓，但在动作体验、肢体互动过程中，仍存在因动作不协调、重心不稳导致摔倒受伤的潜在风险，属于“具有一定风险的文体活动”。王先生在互动过程中，无故意或重大过失，陈女士受伤系意外所致，符合自甘风险条款的适用情形，其依法不承担侵权责任。    为实质化解纠纷，法官秉持法理情相融理念组织调解，向双方释明法律规定。最终双方达成和解，王先生基于人道主义向陈女士支付全部医药费，陈女士放弃其他诉求，纠纷一次性了结。    案情点睛：     《中华人民共和国民法典》第一千一百七十六条 自愿参加具有一定风险的文体活动，因其他参加者的行为受到损害的，受害人不得请求其他参加者承担侵权责任；但是，其他参加者对损害的发生有故意或者重大过失的除外。

二 | （记者 宋亦敏）。

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