"There is no indication that Baldwin knew that that prop gun was "live" or that he personally loaded the gun. To the contrary, recent reports indicate that he was handed the gun by an assistant director who reportedly declared "cold gun," or a gun with no live ammunition. That is notable since an earlier recorded message of a crew member complained that the incident was the fault of an assistant director, who was supposed to check the gun.
If true, Baldwin had little reason as an actor to suspect anything was wrong with the prop. The problem is that Baldwin was not simply an actor. He was also one of the producers on a site that had reportedly experienced prior discharges and complaints about site safety.
New Mexico has a provision that allows "involuntary manslaughter" charges for "the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection." If there was a pattern of neglect, including prior discharges from these prop weapons, the producers could be charged with involuntary manslaughter. Such a charge is a fourth-degree felony in New Mexico, with a penalty of 18 months jail time and up to $5,000 in fines."
From:
Jonathan Turley: Alec Baldwin shooting – what are the criminal and civil liabilities? | Fox News