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He's being charged because he was an executive producer not because he pulled the trigger
He’s being charged for pointing a gun at someone and pulling the trigger. Him being an executive is an argument against the “I was told it was unloaded” defense. NM law is clear on criminal negligence with a firearm and there is no movie production exemption. Being handed a gun by someone else who says it is safe does not negate liability under the law. His failures as a producer with prior safety lapses and incidents leading up to the tragedy are important as well, but at the end of the day he pulled the trigger and that’s what he is being charged for.
Executive producer typically means you are the money behind the project, not that you have hands-on control of the daily details.
And liability
EP credits can be given for any number of reasons and their impact on the project varies greatly.
Some do nothing and just put up some cash, some are involved in every action/word in the script and will always be on setn