I do not know all the details but I know one thing. AB is an actor; he depends on every single professional around him to do their jobs in a thoroughly competent manner, as he does his. He is absolutely NOT responsible. If he was responsible he would be the armorer / prop master. JMO
According to union rules and standard practice in the industry, the actor who shoots the prop gun is supposed to be shown the gun by the armourer, who shows him/her what is inside the gun. Obviously, there should be no live rounds.
When the gun is handed to the actor, the actor is supposed to recheck the gun (as all gun users in the world are supposed to do) in front of the armourer and verify that what the armourer said is true. Either no rounds at all (typical for a rehearsal - which this was), or blanks (and there are different kinds, which both the armourer AND the actor are supposed to verify).
So yes, Alec is responsible, along with the armourer, and along with the producers and along with the production company (which Alec Baldwin owns).
The rules have been posted somewhere on this thread and are available all over the place, due to this incident. The fact that this production was low budget, that some of the workers say there were problems cashing their checks, and that they were using a non-union armourer are all the fault of the production company, which Alec owns.
The rules also say that even a prop gun
should never be pointed directly at a human. Keep in mind that they weren't even filming at the time Alec fired the weapon (either once or twice).
Which is what SFCSO got a warrant and confiscated all the cameras, weapons, and whatever else they confiscated.
Being on a movie set does not absolve anyone from the ordinary laws of using firearms. If, as first reported, Alec shot directly at the director and the cinematographer, he is indeed responsible.
Further, it was a real gun and therefore, all the laws of handling real guns apply. It was a Colt 45 revolver, one of the easiest guns in the world to check to see if it has rounds in it. For this rehearsal, it ought to have had zero rounds. Who put the rounds in? Why? Were people in the crew having fun with target practice out in rural Santa Fe County? Colt revolvers take a good amount of force on the trigger (not a hair trigger, IOW). Someone pulled the trigger without checking to see if there were rounds in the gun. It is at the very least negligent discharge of a firearm, which is a crime most places.
Actors ARE responsible when they hold real guns in their hands, just like every other citizen. There are no exemptions for ACTORS in any state law that I've ever heard. That's why the rules used by the Propmasters Union should be obeyed as if they are law - because otherwise, many, many people are exposed to liability and could all be charged as part of a crime when a gun kills someone.
It is true that juries have been lenient with film accidents - particularly when it's obvious that it's a car or helicopter accident - but look up the Vic Morrow case. Charges were filed against the director (because a scene was being directed and filmed, unlike in this case) and three others.
Since the director was also shot in this incident, it will be very interesting to hear what he has to say if this goes to trial.
