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Thread: Rust: accidental shooting of Halyna Hutchins

  1. #16
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    continued from previous


    Matthew Hutchins, Halyna Hutchins’ widower, settled with the Rust producers. Photographed Feb. 23, 2022. CHRIS HASTON/NBC/NBCU PHOTO BANK VIA GETTY IMAGES

    Hutchins could have looked to hold RMP’s owners personally responsible for the incident — known as “piercing the corporate veil.” Successfully doing so would have enabled him to go after money from the company’s owners, including Smith, who showcased a lifestyle of private jet travel and lodging at the Four Seasons Rancho Encantado in Santa Fe via social media during production on Rust. But attorney Sean Andrade, who specializes in litigation against special-purpose entities, says that would have been exceedingly difficult in this case because it appears as if the company followed corporate formalities to be considered a legal entity. He also notes that the creation of limited liability corporations to produce movies is normal practice.

    Another factor in Hutchins’ decision to settle may be other civil litigation currently underway. The Hutchins settlement was announced as a lawsuit from script supervisor Mamie Mitchell works its way through court. In that case, Mitchell has faced an uphill battle in attaching liability over the shooting to RMP. A Los Angeles judge in September dismissed claims of assault and intentional infliction of emotional distress against the company and producers Smith and Cheney, both of whom produced Rust through their Thomasville Pictures, because they didn’t know that Baldwin “would aim and fire the loaded weapon towards Plaintiff such that they would be jointly liable for his intentional conduct.” The order from the court reads: “In fact, Plaintiff’s allegations would show the opposite to be true: the only person who knew Baldwin was going to fire the weapon was Baldwin.”

    Since the shooting, RMP and other producers have argued in civil court and in contesting a $136,793 fine assessed by New Mexico’s safety commission that they were not responsible for supervising the production and simply financed it. They have claimed that armorer Hannah Gutierrez-Reed was “singularly responsible for all tasks associated with the use of firearms and ammunition,” including responsibilities related to “ensuring that RMP’s express prohibition against the presence of live ammunition was strictly followed, ensuring that only blanks were used when called for by the script, and that only dummy rounds were used.”

    Despite allegations that RMP ignored industry-wide norms related to the use of guns by cutting corners on safety to shoot the movie on a shoestring budget, it’s becoming increasingly likely that that company will not be apportioned much blame for the shooting.

    Mitchell and other plaintiffs could still go after Baldwin, but his liability remains uncertain. The actor has stressed that assistant director Dave Halls shouted “cold gun” — a widely understood term on film sets referring to firearms that contain no rounds — before handing him the old-fashioned revolver that killed Hutchins. (Baldwin also maintained that he never pulled the trigger, though an FBI forensic report found that it could not have discharged without someone doing so.) “Baldwin wasn’t negligent,” Sullivan says. “Somebody else was responsible for making sure the gun was empty, but he’s the only one with money that I’m aware of who’s a defendant. It’d be hard to put all of the blame on him, though.”

    Also still on the docket are lawsuits from gaffer Serge Svetnoy and medic Cherlyn Schaefer. They allege negligence against RMP, claiming the film’s producers did not hire enough qualified crewmembers to maintain a safe set. Schaefer’s suit does not name Baldwin as a defendant. A common theme across all the suits is that the safety culture on set was severely lacking. Some point to two other misfires before Halyna Hutchins was killed, in which Baldwin’s stunt double accidentally fired a blank and a prop master shot herself in the foot.

    In addition to the EP credit, there was likely a monetary component to the settlement paid by the production’s insurance and other defendants named in Matthew Hutchins’ suit. RMP attorney Spadone confirmed to THR that Rust was insured for the duration of filming under a “single insurer, with different components of coverage, in addition to workers’ compensation.” Notably, however, multiple sources tell THR that Rust didn’t secure a completion bond, which doesn’t bode well for the chances that it carried an expansive policy with deep coverage. Sullivan says, “I guarantee you they bought a cheap insurance policy. It’s rare that any [special-purpose] company buys a policy with full coverage. On a production like that — small, low-budget — do they want to pay $500,000 and get the Rolls-Royce of policies? Probably not.”

    Legal observers also emphasize that a possible strategic consideration in installing Matthew Hutchins as an executive producer on the project is to counteract negative public sentiment toward the completion and distribution of Rust. Similarly, the widower’s involvement may complicate the remaining civil litigation by other parties.

    Soltman notes the unwieldy dynamic created by the settlement in which plaintiffs in the other cases are “essentially competing with [Matthew Hutchins] for judgment” since “they’re all going after the same pot of money.”

    Andrade explains, “Matthew Hutchins now has a stake in the movie. To the extent that someone else who filed a lawsuit will get some amount of money, whether in a settlement or an eventual verdict, that would impact whatever he’s able to recover himself from the film and the ultimate profits. It was a smart move since they’re facing multiple lawsuits.”

    Meanwhile, the criminal investigation remains ongoing. In a statement on Oct. 21, the one-year anniversary of Hutchins’ death, Santa Fe’s First Judicial Dist. Atty. Mary Carmack-Altwies said she was awaiting a report from the Sheriff’s Office. She’d previously made it known that charges could be brought against as many as four people, including Baldwin, and had appointed a special prosecutor. A spokesperson for her office noted: “No one is above the law.”
    Didn't expect that...
    Gene Ching
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  2. #17
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    No escape for Baldwin

    Alec Baldwin Can’t Escape Lawsuit From ‘Rust’ Script Supervisor
    The ruling represents a major win for Mamie Mitchell after the court dismissed most claims against the producers of the movie.

    BY WINSTON CHO

    NOVEMBER 2, 2022 1:21PM

    Alec Baldwin DIMITRIOS KAMBOURIS/GETTY IMAGES


    Logo text
    Alec Baldwin must face a lawsuit from Rust script supervisor Mamie Mitchell over his role in the on-set shooting that resulted in the death and injury of two crewmembers, a judge has ruled.

    Los Angeles County Superior Court Judge Michael Whitaker on Tuesday refused to dismiss claims of assault, intentional infliction of emotional distress and negligence against the actor. He found that Mitchell established “extreme and outrageous conduct on the part of Baldwin,” who “unexpectedly cocked and fired a loaded handgun” despite being aware of a disastrous safety culture on the set of Rust where producers shirked industry-wide norms related to the use of guns to shoot the movie on a shoestring budget.

    Mitchell will also be allowed to pursue punitive damages against Baldwin and his production company El Dorado Pictures for ignoring prior red flags that put them on notice of “firearms-safety-related problems on the set that endangered the cast and crew.” The judge concluded that the suit demonstrates “despicable conduct carried out by the Demurring Defendants with a willful and conscious disregard of the rights or safety of others.”

    Luke Nikas, representing Baldwin, said that the court was “required to assume at this stage that Mitchell’s allegations against Alec Baldwin were true—even though they are demonstrably false, made in bad faith, and contradict her own prior statements about what happened.” He stressed that the court dismissed some of her claims and that he “looks forward to disproving the rest of her case now that she can no longer shield her misrepresentations from the evidence.”

    The ruling is the first advancing a claim of assault against any of the defendants. Whitaker pointed to allegations detailing how Baldwin violated industry norms regarding the handling of firearms. These include the actor intentionally discharging the gun even though the scene didn’t call for it and accepting the firearm from assistant director Dave Halls despite industry norms dictating that the armorer is supposed to hand it off after showing that the gun chambers are empty.

    “The industry wide safety bulletin for use of firearms mandates that all firearms are to be treated as though they are loaded because, as Alec Baldwin knew, guns are inherently dangerous weapons,” reads the ruling, which cites the complaint. “He had no right to rely upon some alleged statement by the Assistant Director that it was a ‘cold gun.’ Mr. Baldwin cannot hide behind the Assistant Director to attempt to excuse the fact that he did not check the gun himself.”

    Claims of negligence against Baldwin and El Dorado Pictures were also allowed to proceed. The judge found that they owed a “duty of care” to Mitchell and other crewmembers to make the filming of the movie reasonably safe. The defendants may have breached their duties by failing to properly supervise firearms used for filming, Whitaker concluded.

    In her suit, Mitchell alleged that the cart used for storing ammunition had been regularly left unattended throughout filming, that loaded firearms had been used by crewmembers for target practice in violation of safety protocols that were never implemented and that the producers of the movie should’ve hired an experienced armorer to manage the weapons instead of Hannah Gutierrez-Reed. She also said there were “serious safety concerns” related to the use of firearms and live ammunition, detailing numerous workers walking off the job in protest of safety concerns prior to the fatal shooting.

    A report from a New Mexico safety agency issued in April detailed two previous incidents in which firearms accidentally discharged on the set of Rust. The first misfire, which happened less than a week before the fatal shooting, occurred when props master Sarah Zachary inadvertently fired a blank round as she finished loading a 0.45 caliber revolver that was aimed at the ground. The second involved the stunt double for Baldwin, who said the gun “just went off.”

    The decision from Whitaker follows an order in September dismissing most claims against Rust Movie Productions, Thomasville Pictures, Ryan Smith and Langley Cheney, because they didn’t know Baldwin would actually shoot the gun that killed Hutchins.

    Claims against El Dorado for assault and intentional infliction of emotional distress met the same fate for the same reasons, according to a court filing.

    Gloria Allred, representing Mitchell, said that the court dismissed claims against El Dorado because “Alec Baldwin is the person who fired the gun, not El Dorado Productions, so [it] did not have specific intent.”
    The pdf of Mitchell v Baldwin is posted on THR
    Gene Ching
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  3. #18
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    Another lawsuit

    Alec Baldwin Sues ‘Rust’ Crew For Negligence; Actor Wants “To Clear His Name” After Fatal Set Shooting, Says Incident Cost Him Roles

    By Dominic Patten
    Senior Editor, Legal & TV Critic
    @DeadlineDominic

    November 11, 2022 6:09pm

    Alec Baldwin and the 'Rust' set in New Mexico
    Getty Images
    Just days before the Santa Fe District Attorney is expected to announced her intentions in the fatal shooting of Rust cinematographer Halyna Hutchins by Alec Baldwin last year, the actor Friday has slammed crew members of the indie Western with a negligence lawsuit.

    Filed on a day when Los Angeles Superior Court is closed for the Veterans Day holiday, the photo- and email-heavy cross-complaint for negligence and indemnification names Rust armorer Hannah Gutierrez Reed, first assistant director David Halls, property master Sarah Zachry, and weapons and rounds supplier Seth Kenney and his company as defendants.

    “This tragedy happened because live bullets were delivered to the set and loaded into the gun, Gutierrez-Reed failed to check the bullets or the gun carefully, Halls failed to check the gun carefully and yet announced the gun was safe before handing it to Baldwin, and Zachry failed to disclose that Gutierrez-Reed had been acting recklessly off set and was a safety risk to those around her,” says the cross complaint (read it here) from Baldwin’s Quinn Emanuel attorney Luke Nikas.

    Recently having settled a wrongful death suit with Hutchins’ husband and family and intending to get Rust back on track, Baldwin has long declared he never pulled the trigger on the 1880s period gun that he was pointing at Hutchins on October 21, 2021.

    In a move that risks backfiring on Baldwin, today’s filing makes a point of noting how the aftermath of the shooting has impacted his career.

    “Baldwin has also lost numerous job opportunities and associated income,” it says. “For example, he’s been fired from multiple jobs expressly because of the incident on Rust and has been passed over for other opportunities, which is a direct result of the negligence of Cross-Defendants Gutierrez-Reed, Halls, Kenney, PDQ, and Zachry.”

    Coming just over a week after Baldwin failed to convince a LASC judge to remove him from Rust script supervisor Mamie Mitchell’s own negligence lawsuit or see the matter dismissed, Friday’s filing also claims the Emmy winner has suffered personal consequences from the horrible October 2021 incident.

    “More than anyone else on that set, Baldwin has been wrongfully viewed as the perpetrator of this tragedy,” the actor’s lawyer writes of his client. “By these Cross-Claims, Baldwin seeks to clear his name and hold Cross-Defendants accountable for their misconduct.”


    (Photo by Sam Wasson/Getty Images)
    ‘There can be no doubt that others have suffered from Cross-Defendants’ negligence far more than Baldwin has,” the suit does go on to say of that day at the Bonanza Creek Ranch set, just outside Santa Fe, New Mexico. “Hutchins lost her life, and her young child lost his mother,” the jury trial cross-complaint states. “Producer Joel Souza was shot in the shoulder and has suffered physical and emotional pain. Though by no means comparable, Baldwin must live with the immense grief, and the resulting emotional, physical, and financial toll, caused by the fact that Cross-Defendants’ negligent conduct, assurances, and supervision put a loaded weapon in his hand and led him, Hutchins, and everyone else on set to believe that his directed use of the weapon was safe.”

    Reps for the cross-complaint defendants did not return request for comment from Deadline on today’s filing.

    Mitchell is not a defendant in the cross-complaint. However, Gloria Allred certainly had something to say for her client about Friday’s filing. “Baldwin’s cross complaint is a shameful attempt to shift the blame to others, just as he has done since he fired the fatal shot which killed Ms. Hutchins and injured our client, Mamie Mitchell,” Allred said. “He claims that everyone else was negligent and that everyone else is at fault. Mr. Baldwin appears to argue that he is the only one that is truly innocent.”

    “One last thing I have to say to you, Mr. Baldwin – take responsibility for your actions,” Allred went on to say. “I am not suggesting that others did not also bear some responsibility for what occurred. However, if you look in the mirror you will see the person that we believe bears the most responsibility for what happened on that tragic day on the set of Rust in New Mexico.”

    In one of several legal actions currently in the courts relating to the shooting, Mitchell first filed her lawsuit against Baldwin, Rust producers and crew members Gutierrez-Reed, Halls, Zachry and others on November 17, 2021. Mitchell was standing near Hutchins and Souza when the gun Baldwin was holding fired. On November 1, Judge Michael E. Whitaker refused Baldwin’s effort to exit the suit and also denied a motion from Baldwin and his El Dorado Pictures Inc to strike the script supervisor’s claim for punitive damages.

    Santa Fe DA Mary Carmack-Altwies received the final Santa Fe Sheriff’s Office report on the Rust shooting on October 27. “The District Attorney and her team of investigators and prosecutors will now begin a thorough review of the information and evidence to make a thoughtful, timely decision about whether to bring charges,” her office said at the time, weeks after seeking greater funding from the state for a possible prosecution on the matter.

    “As with all cases that the District Attorney handles, her focus will be on upholding the integrity of the process, enforcing the laws of the state of New Mexico, and pursuing justice.”
    I find this whole story tragic yet compelling.
    Gene Ching
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  4. #19
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    Not okay

    Hilaria Baldwin Admits She and Husband Alec Are 'Not Okay' One Year After 'Rust' Shooting Tragedy
    "It was and is a tragedy that nobody could ever have imagined," Hilaria Baldwin said of the fatal Rust shooting incident to Extra

    By Tommy McArdle Published on December 2, 2022 05:45 PM



    A year after the fatal shooting on the set of Alec Baldwin's film Rust, his wife Hilaria Baldwin says she and her husband are still "not okay."

    In a preview of 38-year-old Hilaria's upcoming interview with Extra, shared with PEOPLE, the author and podcast host indicated that both she and Alec, 64, are still struggling emotionally more than one year after the incident that resulted in the death of cinematographer Halyna Hutchins.

    "We're not okay. We can't be okay. No one's okay," Hilaria tells Extra in a clip from the interview. "It was and is a tragedy that nobody could ever have imagined."

    Hutchins, 42, was shot and killed Oct. 21, 2021, after a prop gun held by Alec that turned out to contain live rounds discharged. Director Joel Souza was also wounded in the incident; Alec maintains that he did not pull the trigger.

    In October, one year after Hutchins' death, Alec posted a tribute to the cinematographer.

    While the Santa Fe County Sheriff's Office criminal investigation is still pending and no charges have been made, Alec and other Rust producers recently settled a wrongful death lawsuit filed by Hutchins' widower Matthew earlier this year. Along with the settlement, the team agreed to complete the movie with Matthew now on board as an executive producer.

    Matthew, who shares son Andros with Hutchins, said in a statement, "I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin)."

    He added, "All of us believe Halyna's death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna's final work."


    Hilaria Baldwin and Alec Baldwin at the American Museum of Natural History's 2022 Museum Gala. HILARIA BALDWIN AND ALEC BALDWIN AT THE AMERICAN MUSEUM OF NATURAL HISTORY'S 2022 MUSEUM GALA


    COURTESY OF SANTA FE COUNTY SHERIFF'S OFFICE

    Sharing news of the settlement on Instagram himself earlier this month, Alec wrote, "We are pleased to announce today the settlement of the civil case filed on behalf of the family of cinematographer Halyna Hutchins. Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna's son."

    "We are grateful to everyone who contributed to the resolution of this tragic and painful situation," he added.

    In an interview with ABC News' George Stephanopoulos in December, Alec said he "would go to any lengths to undo what happened."

    "I want to make sure that I don't come across like I'm the victim, because we have two victims here. All of what happened that day leading up to this event was precipitated on one idea, and that idea is that Halyna and I had something profound in common," he added, "that is we both assumed the gun was empty, other than those dummy rounds."

    Tune in to Extra Monday for the interview, check local listings for stations and time.
    How would you ever be okay after something like this?
    Gene Ching
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  5. #20
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    Halyna & Brandon

    Actor Brandon Lee was killed by a prop gun, years before the 'Rust' shooting death
    January 20, 20235:23 AM ET
    GIULIA HEYWARD


    Actor Brandon Lee died at age 28 while filming The Crow in 1993.
    Alamy Stock Photo
    Actor Alec Baldwin is facing criminal charges of involuntary manslaughter in the shooting death of Rust cinematographer Halyna Hutchins in 2021. The incident is reminiscent of another on-set tragedy: the accidental shooting of actor Brandon Lee during filming of The Crow nearly three decades earlier.

    Lee, who was the son of martial artist Bruce Lee, died after his co-star, actor Michael Massee, fired at him with a prop gun during filming on March 30, 1993, in Wilmington, North Carolina. Although the revolver was loaded with blanks, the gunpowder in the blank cartridge ignited, leading Massee to unknowingly fire a bullet fragment at Lee, who later died in surgery.

    While Massee did not face any criminal charges, Lee's mother did successfully sue filmmakers for an undisclosed amount.

    Decades later, a similar incident occurred when Baldwin fired a live round from a Colt .45-caliber pistol at Hutchins during filming for Rust. Baldwin, who maintains that he did not intend to fire at Hutchins, sued those involved in the handling and supplying of the prop gun and reached a settlement in a wrongful death lawsuit filed by Hutchins' husband, Matthew Hutchins.

    On Thursday, prosecutors in Santa Fe, N.M., said Baldwin and another member of the Rust crew would face criminal charges for their involvement in the cinematographer's death.

    Nancy Gertner, a trial lawyer, retired judge and senior lecturer at Harvard Law School, told NPR that filing criminal charges, in the deaths of both Lee and Hutchinson, is often up to the acting prosecutor's discretion. She called the decision to charge Baldwin with involuntary manslaughter both "unusual" and "difficult to prove."

    "No one intended for this to happen," Gertner said. "So these kinds of charges are reserved for only the most extreme kinds of negligence, the most gross negligence, the largest deviation from what ordinary standards would be."

    Gertner points to other members of the crew — including the film's armorer, who is also facing charges of involuntary manslaughter — and their handling and management of the gun before it came into Baldwin's possession.

    "There are people along the continuum here who had direct responsibility for that gun and failed in that responsibility," she said. "One way of thinking of that is, in one sense, Baldwin is the least culpable on that line."

    To prove Baldwin's culpability, Gertner said the prosecutors are theorizing that Baldwin held a greater responsibility in the death than originally thought. She also pointed to the roles that social media and "the unbelievable crush of publicity" might be playing in the prosecutors' decision.

    "In other words, was the Lee case going to be on every single night on television, and on Twitter and on every major outlet?" Gertner said. "Does that put pressure on prosecutors in ways that it never has before? And that could be a difference."

    Robert Weisberg, a criminal law professor at Stanford University, echoed the same sentiment that an involuntary manslaughter charge is often up to the prosecutor's discretion, calling the incident involving Baldwin "very factually messy."

    "I don't think we know enough yet about the forensics of the shooting, at least compared to what was settled in the Brandon Lee case," he said. "And some possible outcomes from further investigation or actual trial testimony, in the Baldwin case, might more clearly differentiate the cases."

    Weisberg pointed to labor issues surrounding the production company behind Rust. The Los Angeles Times reported that a half-dozen crew members reportedly walked off the set hours before the shooting incident, and others told the news outlet that gun safety protocols weren't being followed while filming.

    "A jury could infer, 'Well, on that basis, he should have thought twice, or three times, about the gun,'" Weisberg said. "Even if there hadn't been incidents on that set about that particular gun, but rather, you should have done an inference: 'We're not running the set very well. And I better really be careful here.'"

    The incident that led to Lee's death spurred the need for better protocols when using prop guns on set. Following her brother's death, martial artist Shannon Lee told Agence France-Presse in 2021 that mandatory gun safety training should be required for actors.

    "It shouldn't happen again," Lee told the news agency.

    Gertner also said that previous reports of equipment being irresponsibly handled on set could add to Baldwin's culpability.

    "So that too could have distinguished this case from the Lee case," she said. "If someone tells you that you speed all the time and you continue to speed, that makes you much more culpable."
    Rust-accidental-shooting-of-Halyna-Hutchins
    Question-about-Brandon-Lee
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  6. #21
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    6 months probation

    Alec Baldwin codefendant gets 6 months' probation on gun charge in 'Rust' case
    April 1, 20231:21 PM ET
    By The Associated Press

    In this image from video released by the Santa Fe County Sheriff's Office, Alec Baldwin speaks with investigators following a fatal shooting on a movie set in Santa Fe, N.M.
    Santa Fe County Sheriff's Office via AP, File

    SANTA FE, N.M. — A codefendant in the case against actor Alec Baldwin in the fatal 2021 shooting of a cinematographer on a movie set in New Mexico was convicted Friday of unsafe handling of a firearm and sentenced to six months of probation.

    Safety coordinator and assistant director David Halls also must pay a $500 fine, complete a gun-safety course and 24 hours of community service after agreeing to the conviction related to the death of Halyna Hutchins on the set of the Western movie "Rust."

    Under the plea agreement, Halls agreed to testify truthfully at any upcoming hearings or trials. That includes criminal proceedings against Baldwin and movie armorer Hannah Gutierrez-Reed, who have pleaded not guilty to charges of involuntary manslaughter in Hutchins' death.

    Halls appeared briefly by video to waive his right to challenge the negligence charge, as state District Judge Mary Marlowe Sommer approved terms of a plea agreement with prosecutors.

    Defense attorney Lisa Torraco urged the court not to impose a prison sentence — the maximum possible penalty was 6 months behind bars — noting that Halls was "extremely traumatized and "rattled" with guilt.

    Hutchins died shortly after she was shot on Oct. 21, 2021, during rehearsals on a film-set ranch on the outskirts of Santa Fe. Baldwin was pointing a pistol at Hutchins when the weapon went off; a single live round killed her and wounded director Joel Souza.

    If convicted of involuntary manslaughter, Baldwin and Gutierrez-Reed could face a maximum penalty of 18 months in prison and fines.

    Torraco said Halls had checked the rounds in the revolver before handing it to Baldwin to see whether they were dummies or blanks with an explosive. She said it was "never in anyone's imagination" that live rounds would be in the gun.

    "When Ms. Gutierrez-Reed brought the firearm ... on set into the church, he did check the firearm," she said of Halls. "He wouldn't have even thought that there was a live round in that, in that gun. ... And he, like many others, is extremely traumatized."

    But prosecutor Kari Morrissey said Halls, a veteran filmmaker of more than 30 years, failed in his duty as the last line of defense for firearms safety, and that the fatal shooting took place after two earlier weapons misfires on set.

    "Mr. Halls did not check every round that was in the gun to confirm that it was a dummy round and not a live round," she said. "He then handed the gun to Mr. Baldwin and Mr. Baldwin began to practice his cross draw. And during that action of practicing the cross draw, the gun went off. And obviously Mrs. Hutchins was struck by the bullet and was killed. That is the factual basis for Mr. Halls taking the no contest plea to the unsafe handling of a deadly weapon."

    In separate regulatory proceedings, workplace safety authorities have asserted Halls shared responsibility for identifying and correcting any hazardous conditions related to firearms safety in the movie's production.

    Halls' sentencing took place on the 30th anniversary of the death of Brandon Lee. The son of martial-arts legend Bruce Lee was hit by a .44-caliber slug from a gun that was supposed to have fired a blank while filming "The Crow."

    A weekslong preliminary hearing in May will decide whether evidence against Baldwin and Gutierrez-Reed is sufficient to proceed to trial.

    In her sentencing, Judge Marlowe Sommer confirmed with Halls that he would "testify truthfully in all hearings, trials, or settings involving any and all defendants and co-defendants in this matter." Prosecutors can reopen the case if Halls violates the terms of the plea agreement.

    Santa Fe's district attorney this week appointed two special prosecutors, Morrissey and Jason Lewis.

    The original special prosecutor, Andrea Reeb, resigned following missteps in the initial filing of charges against Baldwin and objections that her role as a state legislator created conflicting responsibilities.
    I trust this isn't an April fools thing because it would be in extremely poor taste
    Gene Ching
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  7. #22
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    Resumes Shooting

    Alec Baldwin Back on ‘Rust’ Set As It Resumes Shooting in Montana
    More than a year after the gun he was holding discharged, killing the movie's cinematographer, the actor is now completing the Western.
    BY WINSTON CHO

    APRIL 24, 2023 3:24PM

    Yellowstone Film Ranch, where 'Rust' is resuming its shoot. SCOTT JOHNSON/YELLOWSTONE FILM RANCH

    Alec Baldwin has returned to the set of Rust to wrap up shooting the movie after New Mexico prosecutors dropped involuntary manslaughter charges against him, at least for now, in the 2021 fatal shooting of cinematographer Halyna Hutchins.

    Filming on the low-budget Western resumed last week at Yellowstone Film Ranch in Montana. In an Instagram post on Monday, Baldwin confirmed he was on set. “Now outside of Bozeman to complete RUST,” he said. “Montana is stunning.”

    Production is expected to be completed by the end of May, according to Melina Spadone, a lawyer for Rust Movie Productions. Shooting was suspended in October 2021 after a revolver Baldwin was holding discharged, killing Hutchins and injuring director Joel Souza. Hutchins’ widower, Matthew Hutchins, is an executive producer on the movie under a settlement he reached with the production to resolve a wrongful death suit, along with a documentary on the life and work of the cinematographer.

    “The production will continue to utilize union crew members and will bar any use of working weapons and any form of ammunition,” Spadone said in a statement. “Live ammunition is — and always was — prohibited on set.”

    Prior to clearing its members for work on the production, the Directors Guild of America said in a statement that the group “insisted upon extensive additional safety requirements, including dedicated safety personnel to assess risk and be present on-set throughout the production.” The guild stressed that, “Only once these conditions were met did we allow our members to work on the project.”

    SAG-AFTRA, which said in a statement that it has “tentatively safety-cleared Rust,” also underscored additional safety requirements on set, like the production barring live ammunition and weapons capable of firing ammunition of any kind as well as the presence of union field representatives making regular visits to the production.

    A spokesperson for the union added, “two highly regarded industry safety veterans, one a longtime stunt coordinator, are overseeing all aspects of safety as Set Safety Supervisors and will be on location throughout and available to us as necessary.”

    Baldwin’s arrival in Montana to resume shooting last week coincided with prosecutors on Friday formally dropping involuntary manslaughter charges against him over the death of Hutchins, who was killed in New Mexico, where the movie initially filmed at Bonanza Creek Ranch. The special prosecutors, who were named to the case in April after the former lawyer overseeing criminal charges was forced to step down, wrote in a court filing that they were pulling the charges “since new facts were revealed that demand further investigation and forensic analysis.” They clarified in a statement that charges could be refiled.

    During a hearing on Friday over charges against armorer Hannah Gutierrez-Reed, who loaded the gun that Baldwin was holding when it discharged and was responsible for weapons and ammunition for the production, the judge overseeing the case pushed back a preliminary hearing to Aug. 9 to allow prosecutors to subpoena additional witnesses.

    Additionally, Rust Movie Productions has announced that Patrick Scott McDermott will play the role of Lucas Hollister in the film.

    In a statement, director Joel Souza said, “Though bittersweet, I am grateful that a brilliant and dedicated new production team is joining former cast and crew to complete what Halyna and I started.”

    Katie Kilkenny contributed to this report.
    'Resumes Shooting' is an awkward title for this...
    Gene Ching
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  8. #23
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    New indictment

    Jan 19, 2024 11:22am PT
    Alec Baldwin Indicted on Manslaughter Charge in ‘Rust’ Shooting

    By Gene Maddaus

    Santa Fe County Sheriff's Office

    Alec Baldwin has been indicted on charges of involuntary manslaughter, as prosecutors once again seek to hold the actor accountable for the on-set death of cinematographer Halyna Hutchins.

    Baldwin, 65, was initially charged in the case in January 2023. But the charges were dropped three months later, after Baldwin’s defense team raised questions about whether his Colt .45 was functioning properly when it fired.

    Hutchins was preparing to film a scene with Baldwin at a ranch near Santa Fe, N.M., in October 2021 when the gun went off. Baldwin has maintained that he did not pull the trigger.

    If convicted, Baldwin faces up to 18 months in prison.

    “We look forward to our day in court,” said Baldwin’s attorneys, Luke Nikas and Alex Spiro, in a statement on Friday.

    Two special prosecutors, Kari Morrissey and Jason Lewis, sent the gun for further forensic testing last summer. Their experts, Lucien and Michael Haag, reconstructed the gun — which had been broken during FBI testing — and concluded that it could only have been fired by a pull of the trigger.

    “This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger,” the report concluded. “Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver.”

    Morrissey and Lewis said in October that they intended to take the case to a grand jury within two months, stating that “additional facts” had come to light that pointed toward Baldwin’s culpability.

    At the time, Nikas said the decision was “unfortunate.”

    “It is unfortunate that a terrible tragedy has been turned into this misguided prosecution,” Nikas said. “We will answer any charges in court.”

    The film’s armorer, Hannah Gutierrez Reed, is set to go on trial on Feb. 21 on charges of involuntary manslaughter and tampering with evidence. Gutierrez Reed mistakenly loaded a live bullet into Baldwin’s gun, which was supposed to contain only dummies. It remains unclear how live rounds became mixed in with dummy rounds on the set.

    Hutchins’ widower, Matthew Hutchins, filed a wrongful death lawsuit shortly after the shooting, but reached a settlement in October 2022. The settlement provided for insurance funds and a portion of the film’s profits to benefit the couple’s son, who was 9 years old when his mother was killed.

    The film has since been completed with additional filming in Montana, and is awaiting distribution.

    At the time of the settlement, Matthew Hutchins indicated he did not blame Baldwin for the shooting.

    “I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin),” Hutchins said. “All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.”

    A few months later, however, when Baldwin was first charged with manslaughter, Hutchins’ attorney said the charges were warranted.

    “We support the charges, will fully cooperate with this prosecution, and fervently hope the justice system works to protect the public and hold accountable those who break the law,” said the attorney, Brian Panish, in a statement at the time.

    The initial prosecutors, Mary Carmack-Altwies and Andrea Reeb, held Baldwin responsible not only for pulling the trigger, but also for a series of management lapses that led to relaxed safety standards on set. However, the New Mexico division of the Occupational Safety and Health Administration concluded that Baldwin — though he was a producer on the film — was not in a position of management authority, and was not culpable for the lack of oversight.

    The first assistant director, David Halls, pleaded no contest last March to a misdemeanor gun charge. He was given six months of unsupervised probation.
    Here we go again.
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
    Support our forum by getting your gear at MartialArtSmart

  9. #24
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    Rushed

    Feb 29, 2024 11:27am PT
    ‘Rust’ Set Footage Shows Alec Baldwin Rushing the Crew, Saying: ‘One More! Right Away! Let’s Reload!’

    By Gene Maddaus


    Santa Fe County Sheriff's Office

    SANTA FE, N.M. — The director called “action,” and Alec Baldwin emerged from a wooden shed and advanced toward the camera, firing shots from an old pistol. As soon as he heard “cut,” the actor wanted to do the take again.

    “One more! One more! One more! Right away!” Baldwin shouted. “Let’s reload!”

    Hannah Gutierrez Reed, the film’s 24-year-old armorer, hurried to put more blanks into his gun. Baldwin was visibly impatient. “Here we go! C’mon,” he said. “We should have two guns and both we’re reloading.”

    Gutierrez Reed is now on trial for a fatal accident that occurred later on the set of “Rust.” On Thursday morning, jurors saw outtakes from the film, in which Baldwin could be seen using his pistol to point as he gave instructions to the crew.

    The videos — seen publicly for the first time — are likely to be played again at Baldwin’s manslaughter trial in July. Both he and the armorer are accused of criminal negligence in the death of the film’s cinematographer, Halyna Hutchins.

    Prosecutors have alleged that Baldwin is responsible both for firing the gun that killed Hutchins, and for management failures in his role as a producer. Baldwin’s defense has argued that he was a “creative” producer and was not in a supervisory role.

    Kari Morrissey, one of two special prosecutors, played the videos during the questioning of Bryan Carpenter, a veteran armorer who is serving as the state’s expert witness. Carpenter testified that a series of behind-the-scenes videos showed numerous lapses in gun safety.

    In several videos, a stuntman could be seen walking around with a shotgun pointed up — failing to maintain “muzzle discipline.” In another, the stuntman spun around with the gun pointed up, and then handed the gun to a child actor. He faulted Gutierrez Reed for failing to intervene or take the shotgun away.

    In other scenes, Gutierrez Reed could be seen holding a shotgun upright by the barrel. Carpenter also said that when Baldwin was trying to speed up the reloading of the pistol, she should have slowed things down.

    “Rushing with firearms and telling someone to rush with firearms is not normal nor accepted,” Carpenter testified. “In a situation like that, when you’re getting rushed to that extent, that’s when safety starts to fall by the wayside.”


    Bryan Carpenter, the state’s firearms expert, testifies during Hannah Gutierrez-Reed’s involuntary manslaughter trial at the First Judicial District Courthouse in Santa Fe on Thursday, Feb. 29, 2024.
    Gabriela Campos/The New Mexican
    In another take, Baldwin could be seen lying on his back on the ground, while holding a pistol. He gestured with the gun, explaining to the crew how he was going to get up and fire.

    “I don’t want to shoot toward you,” Baldwin said. “I’m going to shoot close to you.”

    Asked if he saw anything wrong with the clip, Carpenter said: “He’s using the weapon as a pointing stick.”

    At one point, Gutierrez Reed could be heard off-screen warning the crew: “Everyone in the path of the gun please move.”

    Carpenter said it appeared that Gutierrez Reed was avoiding addressing the issue with Baldwin.

    “She was attempting to not correct Mr. Baldwin, but to try to make the crew move in a more safe position,” Carpenter said.

    On cross-examination, the armorer’s lawyer, Jason Bowles, noted that she was just starting out in the business, and was not even in the union yet. He asked if it would be hard for her to rein in an A-list actor like Baldwin.

    “It would be a difficult situation,” Carpenter said.

    Carpenter also testified that the production should have had two armorers. Gutierrez Reed was the only armorer, and was splitting her time between that and her role as prop assistant.

    But the expert also testified that once she accepted the job, Gutierrez Reed took on the responsibility for others’ lives.

    “If that is not something you feel capable of doing, you should never step into the position of doing it,” he said. “You have to be prepared to go home.”


    David Halls, first assistant director on Rust, uses his hand to resemble a gun to recreate a gesture that Alec Baldwin used while on set the day the Halyna Hutchins was killed.
    Gabriela Campos/The New Mexican
    David Halls was the first assistant director on “Rust,” and the person ultimately responsible for safety on set. He pleaded no contest last year to a misdemeanor charge of negligent handling of a weapon, and served six months of unsupervised probation.

    He took the stand on Thursday afternoon, and painted a different portrait of the “Rust” set. He said that until Hutchins was shot, he believed it was safe.

    He said that Gutierrez Reed was diligent, and seemed confident and knowledgeable about firearms. He also said that she always checked guns with him before they were used in scenes, as required by industry safety protocols.

    And he defended Baldwin, saying that the actor’s conduct on the videos didn’t raise safety concerns for him.

    “I don’t characterize that as Mr. Baldwin rushing people,” Halls said. “I characterize it as an actor in his moment — ‘I’m ready. OK, let’s go.’ There was never Mr. Baldwin rushing anybody.”

    Halls was also asked about two accidental discharges of blank rounds, which occurred a few days before Hutchins’ death. That incident raised concerns for many of the crew, and led complaints. Bowles asked Halls what he had done about it.

    “I didn’t do anything,” Halls acknowledged. “When Blake’s long gun went off, I said, ‘What the F is going on in there?’ He replied, ‘It just went off.'”

    Halls has been accused of handing Baldwin his Colt .45 just before Hutchins was shot. That would be a violation of safety rules that allow only the armorer and the actor to handle a weapon. On the stand, Halls denied handing it off, saying that Gutierrez Reed handed it directly to Baldwin.

    Halls gave the same account in a December 2022 deposition for the New Mexico Occupational Safety and Health Bureau.

    Halls has acknowledged from the beginning that he failed to fully check the gun before it was handed to Baldwin, saying he only saw the back of three or four dummy rounds when Gutierrez Reed rotated the cylinder for him.

    Morrissey asked Halls why he had chosen to plead to a criminal charge.

    “I was negligent in checking the gun properly,” he said.

    Halls was three feet away from Hutchins when the gun went off. He became emotional when he described turning to Hutchins to ask if she was all right.

    “She said, ‘I can’t feel my legs,'” Halls said, wiping his eyes with a tissue.


    A teary-eyed David Halls takes a moment to collect himself after recounting the moments following the accidental shooting of Halyna Hutchins.
    Gabriela Campos/The New Mexican
    In the chaos that followed, Halls found the armorer and demanded that she open up the cylinder to show what was inside. He testified that she pulled out five dummies and one spent casing — the remnant of a live round.

    Asked why he had decided to testify, Halls said he wanted to set the record straight.

    “It’s important to me that the truth be known — that Halyna’s husband and son, her family, know the truth of what happened,” he said. “It’s important that the cast and the crew and the producers of ‘Rust’ know what happened. And it’s important that the industry, the motion picture and television industry, knows what happened so that this never happens again.”

    After the shooting, Halls retired from the industry.
    ****ing...
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
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  10. #25
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    Gutierrez-Reed guilty

    Mar 7, 2024 12:34pm PT
    ‘Rust’ Trial: Hollywood Production Experts Agree With Verdict, Blame ‘Incredible Unprofessionalism’ for Gun Death

    By Carolyn Giardina

    Luis Sánchez Saturno/The New Mexican

    Members of Hollywood’s production community — citing “negligence” and “reckless” behavior — were generally unsurprised by Wednesday’s guilty verdict in the first trial to be held in connection to the accidental shooting death of cinematographer Halyna Hutchins on the set of “Rust.”

    Hannah Gutierrez Reed, the armorer on the movie, was convicted of involuntary manslaughter in the incident, which occurred Oct. 21, 2021 during filming at Bonanza Creek Ranch in New Mexico.

    Those contacted by Variety, including DP Nancy Schreiber, a member of the American Society of Cinematographers, were angry and troubled by the failure to maintain a safe set. Citing the “negligence of loading live ammunition” near a film set, Schreiber wrote in an email to Variety, “Protocol was outrageously disregarded by the armorer as well as the first AD in our industry, where safety standards must always come first.”

    Calling the incident “reckless and totally unnecessary,” Steven Shaw — a member of the DGA, ASC and SAG-AFTRA — agreed, saying, “in the end, it’s the responsibility of the armorer to take care of the quarter loads, half loads, full loads, and to make sure they are properly prepared and tested. There’s no excuse for not protecting Halyna Hutchins and the other people around the camera.”

    And Stephen Lighthill, a past president of the ASC, wrote in an email to Variety. “Speaking as a private citizen, those responsible for the killing of Halyna are the actor who pointed the gun at Halyna, the AD who said the gun was safe, the armorer who loaded the weapon and the producer(s) who put this production together are all culpable.”

    One source who spoke with Variety was a crew member on “Midnight Rider,” the 2014 production in which a train accident killed camera assistant Sarah Jones. The source, who did not wish to be named, suggested that there was “incredible unprofessionalism” on the “Rust” set, adding “another unneeded death happened because of negligence.”

    The source keeps an eye out for safety when working. “If I see something dangerous. I will tell them,” the source said, adding “in a situation when they treat me offhanded, I will say, ‘I was on the set of “Midnight Rider.” … I was on the trestle.’ … That will hammer it home.”

    But not all crew members feel they can speak up. Said the source, “I hope that studios and production companies and producers take more responsibility for safety on the set, and not just expect the crew to be the harbingers of safety. It’s not just about training. It’s about creating a safe environment.”

    The sad reality is that Wednesday’s verdict also came on the anniversary of the death of Brent Hershman, a camera assistant on the film “Pleasantville” who died on March 6, 1997, in a car accident while driving home from set after a 19-hour work day. This incident contributed to the discussion of work hours and turnaround time.

    Asked if he thinks the “Rust” verdict could bring more attention to on-set safety — an issue for many as the IATSE Basic Agreement negotiations get underway this week — Shaw responded, “I think so and should. Absolutely. There’s no reason that this young lady should be dead. It’s just totally unacceptable. Safety is the number one issue, especially when you’re firing a gun.”

    The “Midnight Rider” crew member believes requiring an independent safety officer that has no affiliation (or conflicts of interest) with the production could be a step towards safer sets.

    Variety has reached out to the International Cinematographers Guild (Local 600), of which Hutchins was a member.

    Gutierrez Reed faces up to 18 months in prison; sentencing is expected next month. Alec Baldwin, who held the gun, will face charges during a trial is scheduled to begin on July 9.
    I've been saying this since the beginning.
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
    Support our forum by getting your gear at MartialArtSmart

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