Alec Baldwin’s fatal “shot” while demonstrating a replica gun near his wife at a gun range was still a “negligent discharge,” a jury expert on gun laws told Fox411.
Baldwin claims the fatal shooting of daughter Ireland was an accident, but a jury expert on gun laws told Fox411 “it’s a negligent discharge case, no question about it.”
How can Alec Baldwin’s alleged accidental shooting of his daughter Ireland make a legal difference?
There is no mention of the incident on Baldwin’s personal Facebook account, noted Keith Slotnick, an attorney with Winthrop, Plimpton, Rudewicz and Slotnick in New York.
He also said Baldwin’s legal attorney, Fred Lichtenberg, of Lichtenberg, Lichtenberg & Engler in Manhattan, can prove it was a negligent discharge to get Baldwin acquitted of the intentional manslaughter charges.
“You can’t make out a plan before, during and after,” Slotnick told Fox411. “You couldn’t have set this up that way and gotten away with it.”
According to his Facebook account, Baldwin was on his Facebook page on Wednesday when prosecutors introduced a picture of the accident in which his daughter Ireland was shot in the head while having fun with her father at a shooting range.
“I did that again today!” Baldwin wrote.
This is what happened to my 11-year-old daughter. Sweet Ireland. No legal! pic.twitter.com/bRdSyI6Y2n — ABFoundation (@ABFalecbaldwin) August 29, 2016
The charge against Baldwin, stemming from the 2008 shooting, is reckless endangerment, which is a felony. Slotnick said the charge against Baldwin is based on a question the jury must ask before any decision can be made.
“Did Alec Baldwin know, and should have known, that the shooting was going to be done so carelessly?” Slotnick asked.
Based on an analysis of the court records, that is a question jurors can answer, according to Slotnick.
The prosecution also asked the jury Wednesday if they believed Baldwin’s testimony that he was using the bull dozer to prepare a net for shooting deer with at the time of the accident.
The judge instructed the jury that said the barter of goods could be a serious crime if it violates state law. Slotnick said there is no requirement that Baldwin have an ulterior motive for shooting the person who walked in on the bull dozer.
“He could have just had fun with his daughter,” Slotnick said.
Fox News’ Shannon Bream contributed to this report.