Thank you.
In another forum a guy kind of confronted me on his real world versus a movie set, which I think matters. He, like some people in this forum, was of the mindset that if you pointed a firearm, you were automatically guilty. I was thinking of a response and remembered another part of Texas law on defenses to prosecution.
Sec. 8.02. MISTAKE OF FACT.
(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense. (b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
It potentially could exonerate Baldwin depending on how movies are made and depending on state law. You can see in (a) that if a person formed a reasonable belief that would negate culpability, it is a defense of prosecution. In (b), even if it does not fit the most serious crime, you might be charged with a lower crime if that culpable mental state could be proven. I have asked this several times in different forums but again, what is normally done on a movie set? It very well might matter. If actors are often handed guns and they are not required to check them to see if it has dummy or live rounds, that would seem to fit (a). Would it be a reasonable belief by an actor who maybe hundreds of times done or seen other actors handed a gun and they do not check them because they believe an expert has cleared the weapon.
In such a scenario I believe it would definitely fit (a) as to a reasonable belief.
Even if a person used (b), that could reduce a murder charge in Texas down to Criminal Negligent Homicide which can be prosecuted as a misdemeanor with as little as one day in jail or a fine only.
