That fact will no doubt be damning in the civil settlement discussions.
But from the point of view of the criminal case, the only undisputed fact is that Baldwin shot and killed a woman.
There are lots of ancillary pieces of information that are not yet in the public realm that people are speculating about, but it’s hard to figure a story where Baldwin isn’t criminally liable.
Of course, the ABQ DA will be highly motivated to find a reason to not charge him, but that’s a political matter, which will reveal a lot about the state of the legal system in New Mexico.
No, it’s Baldwin’s responsibility to know what he’s doing with a firearm. You realize this weapon was a Colt 45 Single Action Revolver. Do you know what it takes to fire one of these?