The fatal shooting of a young cinematographer and secondary shooting of the director by actor and producer Alec Baldwin quickly morphed from a hit movie in the making to a supernova legal case, destined to become its own chart-topping film. The prop gun used by Baldwin in the death of Halyna Hutchins, 42, and the wounding of director Joel Souza, quickly resulted in numerous public outcries about unsafe conditions on the set of the film “Rust” at Bonanza Creek Ranch.

In Hollywood, death by a prop gun is not a new issue, and in courts, may be deemed “foreseeable.” One case sure to come up in civil and criminal court will be the fatal shooting death of actor Brandon Lee, who was killed during the filming of the movie “The Crow.” With a fatal prop gun shooting “foreseeable,” the attorneys do not need to prove intent to kill, which means this fatal occurrence could lead to convictions in both civil and criminal liabilities for numerous parties.

In Lee’s case, his prop gun had a rare tip of a 44-caliber bullet hidden and lodged into the gun, a few weeks before the actor was shot and killed on set. The actor who fired the prop gun had been told the prop gun had only blanks, and no criminal charges were filed in the fatal shooting.

Witnesses and experts are raising serious complaints about reported negligence, incompetent prop staff, and more on the set of “Rust,” leading to possibly both criminal and civil liabilities not only for Baldwin but also many others involved in the film.

Baldwin can be charged criminally, though as of today, evidence points to the fact that he was unaware of the dangers of the proper gun. He appears not to have had any idea the prop gun was live. He did not load the gun. Witnesses state the gun was given to the actor by an assistant director who clearly said loudly “cold gun,” which indicates the prop gun has no ammunition.

At the time of the shooting, as he worked with the prop gun he was told was “cold” with no live ammunition, he was practicing a new action where he quickly pointed the gun at the camera, and the gun discharged unexpectedly.

It was also reported a recorded message from a crew member blames the assistant director, whose job it is to check the prop gun and be certain there is no live ammunition.

As far as the actor Alec Baldwin is concerned, he seems to be free from civil liabilities.

However, Baldwin wore two hats: not only as an actor but also as one of the producers of the film, which means he can indeed be sued in civil court. Added to his role as producer, reports are out that the film “Rust” had experienced numerous prior safety issues and had fired staff over incidents.

In New Mexico, the film’s location, the law has provisions concerning patterns of neglect that would apply to the prop gun killing someone, resulting in a conviction if found guilty of involuntary manslaughter. The law states there may be “involuntary manslaughter charges …. (for) a lawful act which might produce death in an unlawful manner or without due caution and circumspection.” Producers, including Baldwin, could be charged with involuntary manslaughter and face fines up to $5,000 plus eighteen months in jail.

In regard to criminal charges, attorneys will face the well-known Brandon Lee death by prop gun in “The Crow," meaning prosecutors do not have to show specific intent in order to be found guilty, since the mistake with the prop gun was foreseeable.

Baldwin most likely would not face criminal charges, though the prop manager and assistant director may be liable. Assistant director Dave Halls, who handed the loaded prop gun to Baldwin, was fired in 2019 from a previous film set where suddenly a gun discharged, injuring a crew member.

Added to this case are the numerous recorded problems on set. The film was low-budget, and union members were told to leave the set during filming, due to their complaints about conditions. Reports of three accidental discharges of weapons on the film set were also reported.

A published document shows six crew members protested and walked off the set during the filming of “Rust” and that new staff had been hired to replace them on the day of the fatal shooting.

It is expected that a wrongful death action suit will be filed soon. Based upon known incidents of safety complaints and negligence in the low-budget film, Hutchins’ family will likely seek to file a wrongful death case due to negligence.

Cases proving negligence causing a fatal accident would be part of the case since this fatal accident would not have happened if someone in control had checked the gun to be sure no ammunition was present. With a low budget, cost-cutting by producers, and walk-outs by union staff who complained about conditions, this case will be headed to both civil and criminal courts.