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"Realism"
They were testing the shot by pointing it directly at the DP and Director so they could see what it looked like if he drew the gun. There was no reason Baldwin wasn't using either of the two non-firing guns during the rehearsal other than wanting it to seem more real. Yes, the armorer was inexperienced, but who hired the armorer. Yes, the 1st AD called cold gun and supposedly handed it to Baldwin without checking it. But who chose to then point the gun at people while simulating a quick draw motion?
It was completely reckless and there was a pattern of dangerous behavior on Baldwin's part, which coupled with his role as producer, and the fact that the production had numerous complaints about safety and corner cutting, doesn't look good at all.
The situation was so bad, that the DPs entire camera department WALKED that day, and had previously complained about gun safety being an issue. They were replaced by non-union scabs. When leaving, a producer threatened to call security if they didn't hurry up. Others on set previously complained because prop guns had already accidentally discharged TWICE before the shooting.
Additionally, rather than finding suitable nearby accommodations in Santa Fe, as they were initially promised, crew were forced to travel 50 miles away to Albuquerque every day. For anyone unaware, film set days are usually around 10-15 hours per day of physically and mentally demanding work.
Everything that transpired was because of a perfect storm created by the production department. It shows all the hallmarks of the systemic abuses that occur between above the line and below the line players, and in my opinion the production department is responsible and should be found criminally negligent at the very least.
Currently: Alec Baldwin has gotten to walk away from this mess, all charges dropped. Gutierrez is now the sole person still being charged and being blamed for drinking and smoking weed after her shift, as well as new testimony from an anonymous witness who claims a bag of cocaine was handed off after she was interviewed by police. I guess production has found their lamb.
Baldwin wasn't using a prop gun because the armorer was incompetent and allowed him to handle an actual firearm that had been loaded with real ammunition. "Inexperience" means nothing here. No armorer should be "inexperienced." By the time you're an armorer you should have been working as an assistant for years.
Does Baldwin's assholishness as a producer and refusal to answer the concerns of his crew regarding firearms make him in some way culpable? Yes, but not criminally. Did he intentionally murder someone? No. Does this even reach the level of manslaughter? No, it does not. There has to be some level of intent or effort on the part of the shooter. See the idiot that handed a small child an Uzi then got shot in the fucking face when the SMALL CHILD couldn't handle the recoil of an automatic weapon. Did she pull the trigger? Yes. Was she responsible for the man's death? No. His stupidity got him killed, nothing more.
As an actor, Baldwin is not in any way criminally liable for someone handing him a loaded gun.
As a producer, he is absolutely liable for creating an environment where incompetence could thrive.
There is absolutely no way any criminal charges apply to his actions.
He will absolutely get skullfucked in the civil case.