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The difficulty of gun coaching may absolve the actor of negligence, says trial lawyer

Trial Attorney Jeff Harris said an issue of negligence on the “Rust” film set following the fatal shooting of cinematographer Halyna Hutchins could go back to the level of gun training of actor Alec Baldwin.

“It may ultimately boil down to whether or not the actor was adequately trained in the use of firearms and that would fall on the production company and absolve Baldwin of negligence,” said Harris, who does not represent any party involved in the incident.

Baldwin’s production company El Dorado Pictures produced the upcoming film. Neither a Baldwin representative nor El Dorado Pictures responded immediately to CNBC’s request for comment.

The assistant director, who handed Alec Baldwin a loaded gun on the set, admitted to investigators that he had not checked the revolver carefully enough, according to a search warrant released on Wednesday. The Santa Fe County Sheriff also confirmed Wednesday that there was a real bullet in Baldwin’s revolver and investigators on the set found even more suspected live rounds.

Harris served as the lead trial attorney on the Lan Jones v CSX case and obtained a $ 11.2 million judgment on behalf of the family of camerawoman Sarah Jones, who was killed while working on the film “Midnight Rider”.

He told CNBC’s The News with Shepard Smith that gross negligence likely occurred on the set of Rust.

“I honestly think that if you have a movie set where you have live ammunition mixed in with dummy ammunition and spaces, that type of activity turns into gross negligence, and I believe someone who ultimately in this case at least criminal negligence will be charged, “said Harris.

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