MORNING ROUNDUP: Actor Holding Prop Gun Shot and Killed by Law Enforcement

6:00 AM PST 11/03/2010 by Lindsay Powers, Georg Szalai

Plus, another person sent home on the 200th episode of "Dancing With the Stars," the Supreme Court is split on constitutional rights for violent video games, NBC announces 'Christmas' special performances, and other overnight news.

- Police filed homicide charges against a Philippine man who shot and killed a 32-year-old actor while he was filming a scene as a masked motorcycle rider. Philippine village watchman Eddie Cuizon told police he spotted actor Kirk Abella and his co-star Victor Sablada filming the scene and didn't believe them when they said it was part of a production on the low-budget film, Going Somewhere. According to the AP, Sablada told Cuizon, "Buddy, we are just shooting," but Cuizon, who introduced himself as a police officer, shot Abella point blank in the back as they began to drive away. (Watchmen usually do not carry guns in the Philippines, where street killings are often committed by motorcycle-driving assassins.) Said police investigator Roger Nedamo: "It wasn't planned. It was plain stupidity." Cuizon faces up to 20 years in prison. An assistant to the film's director Alan Lyddiard texted the AP that they were "baffled why it happened, having taken the necessary precautions and have asked the help of the police for security."

- The U.S. Supreme Court seemed split Tuesday in a discussion weighing First Amendment protection for video games against efforts to protect young people from their violence, according to the Wall Street Journal. The discussion focused on a 2005 California ban on those under 18 from buying or renting violent games, which lower courts struck down, arguing the only possible restriction was for obscene content. The issue led to sharp disagreement between Justices Antonin Scalia and Samuel Alito, the Journal said. The latter argued that video games "cannot possibly have been envisioned at the time when the First Amendment was ratified," so it would be "entirely artificial" to assume games had the same constitutional protection as books.

- Rick Fox and his partner Cheryl Burke were sent home on Dancing With the Stars’ 200th episode Tuesday night, despite scoring their personal best, a 24, on Monday's show. "It's a lot of work put in; you don't visualize going home, you visualize being here every week. But it's now something that both Cheryl and I are processing for the first time. Not having to go to the studio to rehearse tomorrow? That's a hard pill to swallow," he said. Still in the competition: Brandy, Bristol Palin, Kyle Massey, Kurt Warner and Jennifer Grey. Related: Find out how Dancing With the Stars almost never made it on air.

- American Media, the publisher of the National Enquirer and Star, plans to restructure through a pre-packaged bankruptcy, the Wall Street Journal reported. The Boca Raton, Fla.-based company said it will file the plan in about two weeks and seek to emerge from bankruptcy in less than 60 days. Like other print media companies, AMI has in recent years seen declines in circulation and advertising, which has made it harder to service its debt.

- James Franco is heading up Three’s Company: The Drama at the Sundance Film Festival next year, the Sundance Institute announced. According to the news release, "Television has undoubtedly shaped our world: our increased exposure to dramatic entertainment, the shapes of our houses, the shape of the time in our day. In this piece James Franco hopes to pull television from the box and view it from ‘a slightly oblique perspective."

- The Today show's Natalie Morales and Al Roker will co-host the 13th Annual Christmas in Rockefeller Center special, NBC confirmed to THR Wednesday. Performing this year: pregnant Mariah Carey, Sheryl Crow, Josh Groban, Jessica Simpson, Susan Boyle, Annie Lennox, Katherine Jenkins, Charice, Kyle Minogue and young America's Got Talent opera singer Jackie Evancho. It airs at 8 p.m. ET on Nov. 30.

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