Alec Baldwin could be charged for his role as executive producer of the film rather than pulling the trigger, suggests Joseph Costa/Shutterstock.
Legal experts warn that Alec Baldwin could be charged with involuntary murder for the accidental shooting of Halyna Hutchins as a result.
Joseph Costa, a US attorney, suggested that the Hollywood star could be charged for his role as executive producer of the film rather than pulling the trigger.
These comments were made after it was revealed that a crew had walked out in protest at unsafe working conditions shortly before shooting began.
Ms Hutchins was a mother of one at 42 years old. She died after Baldwin shot a prop gun he believed was loaded with blanks.
An executive producer is in control of your company and can be prosecuted criminally. Mr Costa, an attorney at Costa Law in Los Angeles, explained this to the New York Post.
It is the equivalent to driving drunk.
The actor was distraught and described how his heart was broken by the tragedy. He was seen at the weekend hugging Matthew Hutchins husband and his son.
Hutchins stated that the actor, 63 years old, had been supportive.
Halyna Hutchins, Cinematographer with Matthew
Baldwin's father, the late cinematographer, absolved him of any blame and told the Sun on Sunday that the film armoury team was responsible.
TMZ, a showbiz website, reported that the gun was being used recreationally off the film sets. However, anonymous crew members informed the New York Times that there were two other accidental weapon discharges at Rust.
Santa Fe County Sheriffs Office is investigating the incident.
Rebecca Roiphe from the New York Law School said that Baldwin could face involuntary murder charges if he fails to exercise the necessary care.
She said that even if a prosecutor finds that he was at fault, these types of accidents are not often charged criminally."
"A prosecutor would probably look at many factors to determine if it would be appropriate for him to do so here."
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She said that the prosecution would examine Baldwin's personal culpability or whether there were multiple people who made mistakes.
She said that prosecutors might look at the case differently if he was serious about cutting corners.
Hannah Gutierrez was the head armorer on the set that Alec Baldwin shot a cinematographer. - @VoicesoftheWest
James Liebman, Columbia Law School Professor, argued that Baldwin was at greater risk because he pulled the trigger in his capacity of executive producer rather than for pulling the trigger in his capacity as a Columbia Law School professor.
Manslaughter is a case where the defendant subjectively knew that there was a danger of harm. He said.
Baldwin should not be held liable if he was informed by someone who was able to rely on the gun being safe or unloaded.
However, if he was not so sure or had cause to doubt the reliability and validity of the gun's owner, then he can be held liable under either theory. But, the case for him being the shooter is stronger than that for it being the producer.
It was revealed that Rust's 24-year-old armourer had stated she was nervous about playing an older role.
