Kim Potter Sentencing Today

flarider
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I have to admit, I feel bad for Kim Potter, the officer who confused her taser for her gun.
I don't know what to do with her.
Clean, impeccable record. By all accounts, a model cop and citizen.
Lives shattered not due to any malice or intent, just a brain fart. A brain fart killed Daunte Wright and a brain fart that is sending this woman to prison. Glad it's not my decision.
I don't know what I'd do with her
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Jeremy A.K.
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2/18/2022 8:08am
I try and never put judgement on someone who has been put in the posistion to have to make that call in a split second. I watched the video of the incident and it's a sad story for both sides involved.
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Falcon
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2/18/2022 8:15am
It's a tough decision for the judge to sentence, but a clear case, legally. She was the professional in charge of knowing which weapon to use. The consequences for screwing up that decision are significant.
I agree though; I wouldn't know what to do with her, either.
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tuggy450
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2/18/2022 8:55am Edited Date/Time 2/18/2022 8:55am
Almost any job business you engage in has some potential for liability. I don't know why someone would want to take such a high risk position, that wants to assume personal criminal liability like that.

I don't believe there was premeditated malice involved on her part or in many other cases similar.
I think that really is the gold standard that should be applied, otherwise, you run the risk of people just standing around doing nothing. As in security that just watch smash and grab people and practically escort the thieves to their cars. Might as well just help them load up.

I worked in a field where plenty of people did as much of nothing as possible to avoid problems liability, turfing off any problems to someone else.
I think there is a civil case to be made monies, damages, suspensions loss of job , etc. But criminal? Not sure that is the right message to send to our police.
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flarider
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2/18/2022 9:03am Edited Date/Time 2/18/2022 9:04am
2 years

1/3 on supervised release

58 days credit time served

$1000 fine

Can never use or possess a firearm


I'm actually good with that. Time served, good behavior, she maybe out in maybe 9 months?
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The Shop

TXDirt
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2/18/2022 11:42am
Imagine if he had never resisted arrest where everyone would be.
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Muttly
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2/18/2022 12:34pm
Why is Baldwin free, again?
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Muttly
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2/18/2022 12:39pm
Weapons familiarization training. Is there a failure higher in the chain of command? Was she adequately trained to be comfortable with every piece of her equipment? You train using that equipment, so in a high stress situation this doesn’t happen. Think muscle memory.

Basically, I believe she knew what she was doing, Clinton inhaled, and Epstein didn’t hang himself.
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183Matt
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2/18/2022 7:06pm
TXDirt wrote:
Imagine if he had never resisted arrest where everyone would be.
Exactly. No different then if the guy in movie theater wouldn’t have been texting or threw popcorn on the retired cop.
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swordfish
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2/18/2022 7:33pm
TXDirt wrote:
Imagine if he had never resisted arrest where everyone would be.
183Matt wrote:
Exactly. No different then if the guy in movie theater wouldn’t have been texting or threw popcorn on the retired cop.
In theory I guess. I could think of better examples.
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FlickitFlat
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2/18/2022 8:45pm
There is a lot to digest here. I see things more on her side. I can't get over the fact that she yelled taser, taser, taser when it happened. She was put in a life or death situation in the matter of a second. It wasn't even her life in the most danger but that of her fellow officer on the other passenger side as she testified seeing a look on his face she had never seen before.
Her brain was obviously tying to determine if she needed to use her taser or a gun and her muscle memory pulled the gun as her mouth was saying taser, taser, taser. As a motocrosser, I have and we do some totally amazing things in fractions of seconds due to muscle memory. We all here can relate to that probably more than most people. Maybe this happened from to much training to much practice as that is where her reaction led and her brain and mouth was saying something different. Her training, being a trainer, merits and record are pretty substantial. I don't know. Just the perspective I arrived at in trying to fathom how this could possibly happen.
But what was the victim going to do? Was he going to drag the cops down the street until they fell off the car, possibly to their death? Where did he think that was going to lead? Most likely to many others being in harm from the chase that would have most definitely ensued. I couldn't be a judge because I have the mind set that if you would hit a teacher you would hit a principal. If you would hit a principal you would hit a cop. If you would hit a cop you are willing to kill a cop. I just don't see it any other way.

According to the judge, the only criteria she met was restitution which sounds more like a settlement in a civil case rather than a criminal case. Which is odd with the sentencing because that means she was innocent of all other criteria in the eyes of the court. Which means the charges were on the harsh side because there had to be a punishment instituted for the public. Which means the media and coverage were influencers on the sentencing to appease the public. I wonder if there were not the media attention and the risk of public discourse on this case if the sentencing would have been the same. Maybe that is a good thing. Maybe it is a bad thing. I don't know. But it existed.
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ToolMaker
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2/19/2022 2:33pm
Muttly wrote:
Weapons familiarization training. Is there a failure higher in the chain of command? Was she adequately trained to be comfortable with every piece of her equipment...
Weapons familiarization training. Is there a failure higher in the chain of command? Was she adequately trained to be comfortable with every piece of her equipment? You train using that equipment, so in a high stress situation this doesn’t happen. Think muscle memory.

Basically, I believe she knew what she was doing, Clinton inhaled, and Epstein didn’t hang himself.
I would encourage you to consider that they train in a controlled environment. You are never in fear of your life in training. Training is also limited to the budget of the department. I don't believe there is such a thing as adequate training. It's just not possible to train for everything. They train for many things but it's never enough. The variables in life always change. So if there was a mistake (I believe it was a horrible mistake) made, you need to look at how this person lived their life up until the incident. Everything I have read, nothing leads me to believe this was deliberate.
Keep in mind, a pro SX rider trains to ride the whoops, by your logic there should be no down riders because they all train for it.
Training makes you better but you can never be perfect. And the standard # of training hours applies to all even though some need more? How do you deal with that?
TM
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ToolMaker
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2/19/2022 2:40pm
There is a lot to digest here. I see things more on her side. I can't get over the fact that she yelled taser, taser, taser...
There is a lot to digest here. I see things more on her side. I can't get over the fact that she yelled taser, taser, taser when it happened. She was put in a life or death situation in the matter of a second. It wasn't even her life in the most danger but that of her fellow officer on the other passenger side as she testified seeing a look on his face she had never seen before.
Her brain was obviously tying to determine if she needed to use her taser or a gun and her muscle memory pulled the gun as her mouth was saying taser, taser, taser. As a motocrosser, I have and we do some totally amazing things in fractions of seconds due to muscle memory. We all here can relate to that probably more than most people. Maybe this happened from to much training to much practice as that is where her reaction led and her brain and mouth was saying something different. Her training, being a trainer, merits and record are pretty substantial. I don't know. Just the perspective I arrived at in trying to fathom how this could possibly happen.
But what was the victim going to do? Was he going to drag the cops down the street until they fell off the car, possibly to their death? Where did he think that was going to lead? Most likely to many others being in harm from the chase that would have most definitely ensued. I couldn't be a judge because I have the mind set that if you would hit a teacher you would hit a principal. If you would hit a principal you would hit a cop. If you would hit a cop you are willing to kill a cop. I just don't see it any other way.

According to the judge, the only criteria she met was restitution which sounds more like a settlement in a civil case rather than a criminal case. Which is odd with the sentencing because that means she was innocent of all other criteria in the eyes of the court. Which means the charges were on the harsh side because there had to be a punishment instituted for the public. Which means the media and coverage were influencers on the sentencing to appease the public. I wonder if there were not the media attention and the risk of public discourse on this case if the sentencing would have been the same. Maybe that is a good thing. Maybe it is a bad thing. I don't know. But it existed.
I know that good people are capable of bad things as well as bad people are capable of good things.
But in general, good people tend to do good things and sometimes make bad decisions. I just can't understand that we ask people to be cops and risk their lives, and if a mistake is made risking their life, they get no support. In this case, I think this officer felt true remorse because it was an accident. Maybe spending time in jail will let her heal so she doesn't spend the rest of her life feeling guilt, she can feel she was penalized and move on.
TM
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flarider
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2/19/2022 3:00pm
I really do simply boil it down to brain fart.

That's it. Sad, yes. Tragic, yes.

But it was a brain fart.

We all have them. We all have those moments of "where's my keys?" (in your hand) "Where's the dog?" (Sitting next to you)

These are things we do every day....Right did what the brain told the left to do, she drew with her right thinking it was her left, yelling "taser, taser, taser" and as soon as click/boom, she knew she brain farted. She knew it, right then. She said "I shot him!" in complete panic and disbelief.

Pure brain fart.
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APLMAN99
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2/19/2022 3:25pm
I would be more understanding of the ‘brain fart’ type of explanation if it weren’t for the issues that the taser and her firearm were carried on separate sides of her body, the grips and triggers were very different from one another, and that her firearm had a strap had to be unsnapped to remove it from its holster while the taser had a lever to release it. The taser weighed less than a pound, Her firearm weighed 2.11 pounds, over twice as much as the taser and enough to be noticeable to nearly anyone who trained with their weapon even occasionally.

I was surprised at the 1st degree manslaughter conviction based on a regular Joe’s reading of the statute, but the 2nd degree manslaughter seemed very reasonable.

I think that if anyone who posts here had an officer kill a loved one for anything other than actual self defense, they’d think that less than 2 years in prison wasn’t enough of a sentence.
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flarider
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2/19/2022 3:31pm
I agree totally. I'd want death, of course.

Why it is a terrible case for everyone.
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2/20/2022 6:28am
I know for sure how it could of all been avoided and I put the majority of the reason it happened on that.
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TXDirt
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2/20/2022 10:16am
APLMAN99 wrote:
I would be more understanding of the ‘brain fart’ type of explanation if it weren’t for the issues that the taser and her firearm were carried...
I would be more understanding of the ‘brain fart’ type of explanation if it weren’t for the issues that the taser and her firearm were carried on separate sides of her body, the grips and triggers were very different from one another, and that her firearm had a strap had to be unsnapped to remove it from its holster while the taser had a lever to release it. The taser weighed less than a pound, Her firearm weighed 2.11 pounds, over twice as much as the taser and enough to be noticeable to nearly anyone who trained with their weapon even occasionally.

I was surprised at the 1st degree manslaughter conviction based on a regular Joe’s reading of the statute, but the 2nd degree manslaughter seemed very reasonable.

I think that if anyone who posts here had an officer kill a loved one for anything other than actual self defense, they’d think that less than 2 years in prison wasn’t enough of a sentence.
If it wasn’t a brain fart, an accident, then what was it?

Do you think she woke up that day and decided she wanted to kill a black person?

What, just to see what it’s like?

No.

This is a lot like driving with two feet. The brain tells the leg to brake, but the message gets sent to the wrong leg and you hit the gas. This usually happens in sudden unexpected stops. Boom you crash.

She was in a struggle with a person resisting arrest. Her brain told her arm to reach for the taser. But the message went to the wrong hand and she accidentally pulled her gun.

But I guess the other theory is she just woke up that day and decided today would be a good day to kill a black person.

Nice theory.
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flarider
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2/20/2022 10:21am
"She was in a struggle with a person resisting arrest. Her brain told her arm to reach for the taser. But the message went to the wrong hand and she accidentally pulled her gun"

I see it the same, hence "brain fart"

I don't know what else to call it, momentary lapse of reason?

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APLMAN99
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2/20/2022 12:11pm
APLMAN99 wrote:
I would be more understanding of the ‘brain fart’ type of explanation if it weren’t for the issues that the taser and her firearm were carried...
I would be more understanding of the ‘brain fart’ type of explanation if it weren’t for the issues that the taser and her firearm were carried on separate sides of her body, the grips and triggers were very different from one another, and that her firearm had a strap had to be unsnapped to remove it from its holster while the taser had a lever to release it. The taser weighed less than a pound, Her firearm weighed 2.11 pounds, over twice as much as the taser and enough to be noticeable to nearly anyone who trained with their weapon even occasionally.

I was surprised at the 1st degree manslaughter conviction based on a regular Joe’s reading of the statute, but the 2nd degree manslaughter seemed very reasonable.

I think that if anyone who posts here had an officer kill a loved one for anything other than actual self defense, they’d think that less than 2 years in prison wasn’t enough of a sentence.
TXDirt wrote:
If it wasn’t a brain fart, an accident, then what was it? Do you think she woke up that day and decided she wanted to kill...
If it wasn’t a brain fart, an accident, then what was it?

Do you think she woke up that day and decided she wanted to kill a black person?

What, just to see what it’s like?

No.

This is a lot like driving with two feet. The brain tells the leg to brake, but the message gets sent to the wrong leg and you hit the gas. This usually happens in sudden unexpected stops. Boom you crash.

She was in a struggle with a person resisting arrest. Her brain told her arm to reach for the taser. But the message went to the wrong hand and she accidentally pulled her gun.

But I guess the other theory is she just woke up that day and decided today would be a good day to kill a black person.

Nice theory.
Holy Strawman argument…..!

You are being intentionally dishonest trying to link me to the ‘theory’ you describe. And you know it. Please point out ANYTHING that I’ve posted that points to the officer being responsible for premeditated murder, which is what you are falsely claiming. Your inference is disgusting at best.

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APLMAN99
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2/20/2022 4:19pm
Here is Kim Potter’s entire testimony. I’ve watched it a couple of times, but admittedly could have missed something if my ADHD kicked in. Her defense team could have easily and quickly asked her if she thought she had drawn her taser. They didn’t.

The closest that any of her testimony got to addressing it was that she was yelling “taser, taser, taser” to get the other officers to disengage. She could easily have given testimony that she was yelling that to let Wright know that she intended to use her taser on him, but didn’t. Her own testimony was that she yelled that for the other officers to back away.

I believe that she testified that she had drawn her taser (in an on shift capacity) during her career a couple of times during her career, but not her firearm. So in theory she should have been more in tune with that than drawing her firearm.

She testified that drawing and activating the taser took not only a completely different, crossbody draw, it took a different method to remove it from its holster. It also required turning off the safety mechanism for it to actually be armed.

She testified that it was not routine for her to unclip the strap holding her firearm in her holster, yet she did that exact thing very early in this stop.

What did occur that likely convinced the jury of 1st Degree Manslaughter was that the prosecution was successful in showing that she didn’t take her training seriously and was dismissive of its importance.

My gut feeling (not representing any of this as fact, obviously!) is that for some reason she made a very early decision that this was a threat that may warrant more attention than most, hence she readied her firearm more accessible by unsnapping the strap. When things went sideways, she hoped that the threat of being tased would stop Wright from resisting AND get the other officers out of harm’s way from being dragged by Wright’s car.

And then, at the height of the encounter, adrenaline was at its absolute maximum and she did something that she really didn’t want to do, which was to discharge her firearm. I do believe that her shooting was an act of recklessness, as she thought that the threat of being tased was enough to stop things from going further, but when it didn’t and panic set in the only thing that she had to use was her firearm.

I’d encourage everyone to watch her testimony. It’s almost 2 hours but the second time through it’s easy to cut through her early years, who is in her family, etc.

https://youtu.be/tJJuBdVpQkA
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Bill_Carroll
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2/20/2022 6:47pm
Umm
Don't do some Bad stupid shit and some Bad stupid shit will not happen
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2/20/2022 11:05pm
Muttly wrote:
Why is Baldwin free, again?
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set to make sure things like this don't happen. I'm terrified of guns and have shot them about 7 times in my life and didn't like it. Therefore I wouldn't know what a loaded gun with bullets or blanks would look like. That's why they have experts on set to make sure everything is accounted for. So why is all the heat on him and not the girl in charge of the weapons? It's a tragedy for sure all around, but unless I'm missing something why is the heat all on him?
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flarider
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2/21/2022 3:08am
Muttly wrote:
Why is Baldwin free, again?
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set...
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set to make sure things like this don't happen. I'm terrified of guns and have shot them about 7 times in my life and didn't like it. Therefore I wouldn't know what a loaded gun with bullets or blanks would look like. That's why they have experts on set to make sure everything is accounted for. So why is all the heat on him and not the girl in charge of the weapons? It's a tragedy for sure all around, but unless I'm missing something why is the heat all on him?
Agreed

I saw the last fight on this, so....here goes


Way I understand Hollywood procedure is that, unless otherwise agreed in advance, that the armorer cleans, preps, stows and loads the weapon. That ONLY the armorer or the 1st AD (#1 asst director) hands the gun to the actor, who should be in position, ready, set, action, *BANG* cut, armorer or 1st AD removes it.

Actor doesn't fiddle or check anything because by doing so, you messed with everything the armorer just did in preparing and securing the weapon.

The actor is not a firearms expert, but there are exceptions to every rule. You assume all actors are NOT firearms experts. You treat all actors as NOVICE or BEGINNER, equally.

Armorer does everything but point and shoot.
Actor does nothing but point and shoot.

Basically, you treat the actors like morans around guns to avoid exactly what happened.
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ATKpilot99
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2/21/2022 3:26am
Muttly wrote:
Why is Baldwin free, again?
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set...
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set to make sure things like this don't happen. I'm terrified of guns and have shot them about 7 times in my life and didn't like it. Therefore I wouldn't know what a loaded gun with bullets or blanks would look like. That's why they have experts on set to make sure everything is accounted for. So why is all the heat on him and not the girl in charge of the weapons? It's a tragedy for sure all around, but unless I'm missing something why is the heat all on him?
The hate you are referring to is from people who don't share his political ideology though many won't admit that . If an actor like say Mel Gibson , who has more conservative leanings , did this he would more likely get the benefit of the doubt . The opposite is also true . People with a more liberal point of view would not give a more conservative actor the same benefit of the doubt they would Baldwin. Just my opinion .
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Shiftfaced
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2/21/2022 6:57am
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set...
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set to make sure things like this don't happen. I'm terrified of guns and have shot them about 7 times in my life and didn't like it. Therefore I wouldn't know what a loaded gun with bullets or blanks would look like. That's why they have experts on set to make sure everything is accounted for. So why is all the heat on him and not the girl in charge of the weapons? It's a tragedy for sure all around, but unless I'm missing something why is the heat all on him?
Because of who he is, what he has said in the past, and it is simply an opportunity for a political skirmish.

Never pass up an opportunity to make something “political”, and that is all this is.

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flarider
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2/21/2022 8:41am
That's shopped!!

I call bullshit....seriously....I have never seen that
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flarider
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2/21/2022 8:43am
Nope, it is, my bad.

That was after the conviction.

Who knows
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TXDirt
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2/21/2022 8:50am
Muttly wrote:
Why is Baldwin free, again?
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set...
I don't understand all the hate on him, most likely because he's a d bag. But he's an actor, that's why they have people on set to make sure things like this don't happen. I'm terrified of guns and have shot them about 7 times in my life and didn't like it. Therefore I wouldn't know what a loaded gun with bullets or blanks would look like. That's why they have experts on set to make sure everything is accounted for. So why is all the heat on him and not the girl in charge of the weapons? It's a tragedy for sure all around, but unless I'm missing something why is the heat all on him?
flarider wrote:
Agreed I saw the last fight on this, so....here goes Way I understand Hollywood procedure is that, unless otherwise agreed in advance, that the armorer cleans...
Agreed

I saw the last fight on this, so....here goes


Way I understand Hollywood procedure is that, unless otherwise agreed in advance, that the armorer cleans, preps, stows and loads the weapon. That ONLY the armorer or the 1st AD (#1 asst director) hands the gun to the actor, who should be in position, ready, set, action, *BANG* cut, armorer or 1st AD removes it.

Actor doesn't fiddle or check anything because by doing so, you messed with everything the armorer just did in preparing and securing the weapon.

The actor is not a firearms expert, but there are exceptions to every rule. You assume all actors are NOT firearms experts. You treat all actors as NOVICE or BEGINNER, equally.

Armorer does everything but point and shoot.
Actor does nothing but point and shoot.

Basically, you treat the actors like morans around guns to avoid exactly what happened.
That’s not entirely true. This has been hashed out in another thread.

Bottom line is that whoever pulls the trigger is responsible. We can argue all day on intent, who’s role it is to check weapon, and on and on and on.

Baldwin pulled the trigger. A woman is dead because of that action. You cannot dispute that.

1. Always assume a gun is loaded until you personally check it.

2. Never point gun at someone you don’t intend to shoot.

These are basics of gun safety taught even to actors.

Baldwin has been using firearms on set for 30+ years. He of all people should be an expert in firearm safety by now.
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KennyT
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2/21/2022 8:51am
TXDirt wrote:
Imagine if he had never resisted arrest where everyone would be.
I agree. Do not resist arrest and you will be fine 99.99% of the time. This officer made a traffic mistake and she was crushed when she realized what had happened. I think the sentence she received will never compare to what she will live with the rest of her life.
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