I think its more fair to put the blame on the Armourer than to blame the actor. Still 3 years in American prison is to much to put on someone with no criminal intent. She should be put on home detention or community service for 3 years.
Baldwin was the primary producer on the film and the set conditions had had numerous safety issues up until this point including 3 other firearm misfires. There was a documented safety issue on this set and while Gutierrez-Reed was part of it, the showrunners clearly were too by not taking steps to address it before the tragedy happened.
I don’t disagree that he may be civilly liable for the safety conditions in general on the set. I just don’t think that his role in this particular case amounts to criminal negligence. From what I have heard, he had every reason to think that his weapon was safe to handle and use. In order to be guilty of manslaughter, you have to act with gross negligence, meaning that you know the risk of harm to another due to your action is real and significant and yet you choose to do the action anyway. In this particular case, he would have reasonably believed that the risk in his actions was essentially none at all.
The negligence was primarily on the armourer and secondarily on the guy who was meant to confirm the armourer (the assistant director? I can’t recall), both of whom failed in their basic due diligence and assured the crew and cast that the firearm was safe when it was not.
They had 3 other firearm misfires on this set. That alone is unacceptable, but to assume any weapon on set is safe at this point would be insane.
