I'm not conflating anything. I'm arguing that Baldwin shouldn't have been charged.
Why not?
If you're taking control of something highly dangerous, most reasonable people would want to be as sure as they reasonably could that they're doing it safely.
Given how simple firearm safety is, I think it reasonable grounds for a trial.
There may be no precedent for such a trial, but then that's why you 'try' it.
Baldwin may have had no intent to kill, but evidence suggests he most likely did something predictable and preventable that contributed to the incident, hence involuntary manslaughter.
The CSATF safety guidelines include the following quotes:
"It is important to
treat all firearms and prop firearms, whether they are real, rubber guns, non-guns, non-functioning replicas, or replicas with recoil simulators,
as if they are working, loaded firearms".
"Whenever the Property Master gives a firearm to a performer, the Property Master shall advise the performer of the type of blank or dummy round being used
and afford the performer, cast, and crew the supervised opportunity to verify the same".
You in effect are arguing that rules need to be changed so that every actor going forward is liable if the gun they are holding injures somebody.
Not just "in effect", that is exactly what I'm saying, along with the insistence that everyone should require certified training before they're allowed to lay hands on a firearm.
Would you also be advocating for Michael Massee who was holding the gun that killed Brandon Lee also be prosecuted?
Tried, yes. As above.
This one would be less likely to succeed, as most standard safety checks would not require examining the barrel for a stuck round.
Similarly:
If a real gun capable of firing real bullets is being used then some basic training to use the gun isn't exactly unreasonable.
Alternatively, if a fake/prop gun that doesn't have working parts/can't fire anything is being used then no issue.
I understand SAG, Equity and similar all state that the armourer is responsible for, among other things, ensuring every relevant person on set has been properly trained in the safe handling and operation of firearms.
Their duties also include "Allowing cast and crew who are required to stand near the firing sequence to witness the loading of the firearm".
So I would argue that actors should indeed have been trained in loading their weapons, in verifying their safety, and know how to check exactly what they're being loaded it with.
The big problems with proving their case in this aspect, is that they would have to prove the gun didn't just go off by itself as claimed, which although improbable is definitely possible, and that itself is textbook reasonable doubt.
It's possible, yes, but given the test results it's highly unlikely, so statistically unreasonable.