Lawsuit settled, film may resume after Alec Baldwin shooting
By ANDREW DALTON
Today
LOS ANGELES (AP) — The family of a cinematographer shot and killed by Alec Baldwin on the set of the film “Rust” has agreed to settle a lawsuit against the actor and the movie’s producers, and producers aim to restart the project in January despite unresolved workplace safety sanctions.
“We have reached a settlement, subject to court approval, for our wrongful death case against the producers of Rust including Alec Baldwin,” said a statement Wednesday from Matthew Hutchins, widower of the cinematographer Halyna Hutchins and a plaintiff in the lawsuit along with their 9-year-old son Andros. “As part of that settlement, our case will be dismissed. The filming of Rust, which I will now executive produce, will resume with all the original principal players on board, in January 2023.”
The agreement is a rare piece of positive news for Baldwin, who has had a turbulent year since the Oct. 21 shooting. The actor, who was also a producer on the film, was pointing a gun at Hutchins when it went off, killing her and wounding the director, Joel Souza. They had been inside a small church during setup for filming a scene.
“Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna’s son,” Baldwin said in the post. “We are grateful to everyone who contributed to the resolution of this tragic and painful situation.”
Baldwin has said the gun went off accidentally and that he did not pull the trigger. But a recent FBI forensic report found the weapon could not not have fired unless the trigger was pulled.
New Mexico’s Office of the Medical Investigator determined the shooting was an accident following the completion of an autopsy and a review of law enforcement reports.
“I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin),” Matthew Hutchins said in the statement. "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.”
Rust Movie Productions continues to challenge the basis of a $137,000 fine against the company by New Mexico occupational safety regulators who say production managers on the set failed to follow standard industry protocols for firearms safety. The state Occupational Health and Safety Review Commission has scheduled an eight-day hearing on the disputed sanctions in April 2023.
Matthew Maez, spokesman for the Environment Department that enforces occupational safety regulations, says immediate gun-safety concerns were addressed when “Rust” ceased filming, and that a return to filming in New Mexico would be accompanied by new safety inspections.
“They’re going through the process as they have a right to," Maez said. "They have not paid the fine or accepted the conclusions.”
In April, New Mexico’s Occupational Health and Safety Bureau imposed the maximum fine against Rust Movie Productions and distributed a scathing narrative of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on set prior to the fatal shooting.
Rust Movie Productions told safety regulators that misfires prior to the fatal shooting of Hutchins did not violate safety protocols and that “appropriate corrective actions were taken,” including briefings of cast and crew.
Other legal troubles persist in relation to the film and the deadly shooting.
At least four other lawsuits brought by crew members remain, and the state of New Mexico has granted funds to pay for possible criminal prosecutions.
Baldwin is also a defendant in an unrelated defamation lawsuit brought by the family of a Marine killed in Afghanistan.
The Hutchins family lawsuit, filed in February, was harshly critical of Baldwin, the films producers, and the other defendants: unit production manager Katherine Walters, assistant director David Halls, armorer Hannah Guttierez Reed, and ammunition supplier Seth Kenney.
Their “reckless conduct and cost-cutting measures led to the death of Halyna Hutchins,” plaintiffs' attorney Brian Panish said at a news conference.
According to the lawsuit, if proper protocols had been followed, “Halyna Hutchins would be alive and well, hugging her husband and 9-year-old son."
The lawsuit said industry standards call for using a rubber or similar prop gun during the setup, and there was no call for a real gun. It also said Baldwin and Halls, who handed him the gun, should have checked the revolver for live bullets.
___
Associated Press writer Morgan Lee contributed from Santa Fe, New Mexico.
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This was a workplace accident. The result of negligence. A breakdown in the checks and balances that need to occur before a gun is fired on a set. That is a civil matter unless the negligence can be proven to rise to a criminal level of "recklessness" or "criminal negligence" which varies by state. The family has been paid on the civil matter out of court, probably by an insurance company. If Alec Baldwin is criminally charged, it would most likely be involuntary manslaughter and it would be because the workplace protections in place failed tremendously at many levels and rose to the level of criminality. No one knows the details, but the state violations are telling. Interesting case for sure.
Consider if you were the actor, you show up on set, staff hands you a gun for a scene, and you end up shooting a person. The result is tragic for everyone. If this happened to Tom Hanks, do you think as many people would be calling for criminal charges?
This was a workplace accident. The result of negligence. A breakdown in the checks and balances that need to occur before a gun is fired on a set. That is a civil matter unless the negligence can be proven to rise to a criminal level of "recklessness" or "criminal negligence" which varies by state. The family has been paid on the civil matter out of court, probably by an insurance company. If Alec Baldwin is criminally charged, it would most likely be involuntary manslaughter and it would be because the workplace protections in place failed tremendously at many levels and rose to the level of criminality. No one knows the details, but the state violations are telling. Interesting case for sure.
Consider if you were the actor, you show up on set, staff hands you a gun for a scene, and you end up shooting a person. The result is tragic for everyone. If this happened to Tom Hanks, do you think as many people would be calling for criminal charges?
Alec Baldwin sues ‘Rust’ armorer and crew members over fatal shooting By Meryl Kornfield and Travis M. Andrews November 12, 2022 at 10:00 ET Alec Baldwin is suing the armorer and other people associated with the film “Rust” after he was given a loaded gun onset that fired, killing cinematographer Halyna Hutchins. Baldwin alleges in the lawsuit that the Oct. 21, 2021, shooting was caused by the negligence of armorer Hannah Gutierrez-Reed, who was in charge of guns and ammunition on the set, assistant director Dave Halls, who handed the gun to Baldwin and said it was safe, Sarah Zachry, who was in charge of props, and Seth Kenney, who supplied the guns and ammunition on the set and assisted the armorer. Baldwin, who was sued after the shooting, “seeks to clear his name” and hold the defendants “accountable for their misconduct,” according to the counterclaim filed Friday in Los Angeles Superior Court by his attorney, Luke Nikas. “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 offset and was a safety risk to those around her,” Nikas wrote. [FBI tests suggest gun on ‘Rust’ set could not fire without trigger pull] Jason Bowles, an attorney for Gutierrez-Reed, told The Washington Post that Baldwin was the one to blame for the shooting. “Baldwin is solely responsible for this tragedy,” Bowles said. “He declined training on the cross draw, and pointed a weapon, and had his finger on the trigger.” The other defendants did not respond to requests for comment. Baldwin was inside a building on Bonanza Creek Ranch in Santa Fe, N.M., practicing cocking the gun when it went off, killing cinematographer Hutchins and injuring director Joel Souza. It was not clear why the prop had live ammunition. According to interviews conducted by the Sante Fe County Sheriff’s Office, people on the set saw and heard Halls retrieve a .45 Long Colt revolver from Gutierrez-Reed, announce it was a “cold gun” and hand it to Baldwin. The industry term means there are no live rounds in a weapon. A New Mexico medical examiner ruled the death of Hutchins an accident after she was shot in the chest. An FBI report suggested that the gun could not have fired without its trigger having been pulled. Baldwin’s lawsuit is the latest since the shooting. Gutierrez-Reed sued Kenney, saying he was liable for the live ammunition on set. Script supervisor Mamie Mitchell sued several people, including Baldwin, Gutierrez-Reed and Halls, over workplace safety allegations. Matthew Hutchins, Halyna Hutchins’s husband, filed a wrongful-death lawsuit this year against Baldwin and other entities involved in the production, seeking compensatory and punitive damages. The defendants settled the lawsuit last month. After news of the settlement, Hutchins called his wife’s death a “terrible accident” and said “I have no interest in engaging in recriminations or attribution of blame” in a statement last month. “All of us believe Halyna’s death was a terrible accident.” Filming will resume next year, according to the statement, with the surviving Hutchins as an executive producer. The Santa Fe County Sheriff’s Office delivered its investigative report to local prosecutors in October, but the results of the investigation are not public. Local prosecutors have not filed criminal charges in the shooting.
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Prosecutors weigh options in fatal shooting by Alec Baldwin
By MORGAN LEE
Yesterday
SANTA FE, N.M. (AP) — A Santa Fe district attorney will announce Thursday whether charges will be brought in the fatal 2021 film-set shooting of a cinematographer by actor Alec Baldwin during a rehearsal of the Western “Rust.”
Santa Fe District Attorney Mary Carmack-Altwies said a decision will be announced Thursday morning in a statement and on social media, without public appearances by prosecutors.
“The announcement will be a solemn occasion, made in a manner keeping with the office’s commitment to upholding the integrity of the judicial process and respecting the victim’s family,” said Heather Brewer, a spokeswoman for the district attorney's office.
Cinematographer Halyna Hutchins died shortly after being wounded by a gunshot during setup for a scene at the ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.
Santa Fe County Sheriff Adan Mendoza, who led the initial investigation into Hutchins' death, described “a degree of neglect” on the film set. But he left decisions about potential criminal charges to prosecutors after delivering the results of a yearlong investigation in October. That report did not specify how live ammunition wound up on the film set.
Taking control of the investigation, Carmack-Altwies was granted an emergency $300,000 request for the state to pay for a special prosecutor, special investigator and other experts and personnel.
Baldwin — known for his roles in “30 Rock” and “The Hunt for Red October” and his impression of former President Donald Trump on “Saturday Night Live” — has described the killing of Hutchins as a “tragic accident.”
In his lawsuit, Baldwin said that while working on camera angles with Hutchins during rehearsal for a scene, he pointed the gun in her direction and pulled back and released the hammer of the gun, which discharged.
New Mexico’s Office of the Medical Investigator determined the shooting was an accident following the completion of an autopsy and a review of law enforcement reports.
New Mexico’s Occupational Health and Safety Bureau has levied the maximum fine against Rust Movie Productions, based on a scathing narrative of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on set prior to the fatal shooting.
Rust Movie Productions continues to challenge the basis of a $137,000 fine by regulators who say production managers on the set failed to follow standard industry protocols for firearms safety.
The armorer who oversaw firearms on the set, Hannah Gutierrez Reed, has been the subject of much of the scrutiny in the case, along with an independent ammunition supplier. An attorney for Gutierrez Reed has said the armorer did not put a live round in the gun that killed Hutchins, and believes she was the victim of sabotage. Authorities said they’ve found no evidence of that.
Investigators initially found 500 rounds of ammunition at the movie set on the outskirts of Santa Fe — a mix of blanks, dummy rounds and what appeared to be live rounds. Industry experts have said live rounds should never be on set.
In April 2022, the Santa Fe Sheriff’s Department released a trove of files including lapel camera video of the mortally wounded Hutchins slipping in and out of consciousness as an evacuation helicopter arrived. Witness interrogations, email threads, text conversations, inventories of ammunition and hundreds of photographs rounded out that collection of evidence.
State workplace safety regulators said that immediate gun-safety concerns were addressed when “Rust” ceased filming, and that a return to filming in New Mexico would be accompanied by new safety inspections.
The family of Hutchins — widower Matthew Hutchins and son Andros — settled a lawsuit against producers under an agreement that aims to restart filming with Matthew’s involvement as executive producer.
“Rust” was beset by disputes from the start in early October 2021. Seven crew members walked off the set just hours before the fatal shooting amid discord over working conditions.
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I would be curious on going back and seeing the ruling on how he gets negligence. I know we argued about this early on but they paid a professional to make sure that safety and dead ammo was used...
I would be curious on going back and seeing the ruling on how he gets negligence. I know we argued about this early on but they paid a professional to make sure that safety and dead ammo was used...
and he hired said professional. and then he fired the gun. easy route to make to negligence to me.
"Oh Canada...you're beautiful when you're drunk" -EV 8/14/93
I would be curious on going back and seeing the ruling on how he gets negligence. I know we argued about this early on but they paid a professional to make sure that safety and dead ammo was used...
and he hired said professional. and then he fired the gun. easy route to make to negligence to me.
Perhaps the fact he was a producer and their were prior allegations of negligence is what led to this. I think the producers got hit with the highest possible workplace fines and it is believed that crew members complained about the conditions. They were pushing to get this movie done. There could be more to this than a movie star walking out of his trailer, being handed a prop, pointing the gun as directed and firing a live bullet.
Yeah, saw that in the NY Times. That just seems wrong to me. Bummer.
It is sad and unfortunate for all parties involved, but I do think that the charges are reasonable and justified and that firearm safety needs a complete overhaul in movie production. Truthfully, unless it is a true “prop gun” (as in not a real firearm), it should never be pointed at someone. There is no exception saying “unless you are producing a movie”. Under no circumstance should the barrel of a real gun pass over (be pointed at) something that you are not comfortable destroying, even if you “think” it’s unloaded, has the safety on, has blanks, etc. I know some studios say that they use safety glass when creating these scenes, which is a little smarter than in this incident, but I still don’t think it’s the best idea.
I would be curious on going back and seeing the ruling on how he gets negligence. I know we argued about this early on but they paid a professional to make sure that safety and dead ammo was used...
and he hired said professional. and then he fired the gun. easy route to make to negligence to me.
You hire a company to do a job. You don't sue the person that hired them you sue the company...
Well wait. If the professional wasn't a company but an actual person that makes Baldwin the company...
I think I just answered my own question if that's how it went.
I would be curious on going back and seeing the ruling on how he gets negligence. I know we argued about this early on but they paid a professional to make sure that safety and dead ammo was used...
and he hired said professional. and then he fired the gun. easy route to make to negligence to me.
You hire a company to do a job. You don't sue the person that hired them you sue the company...
Well wait. If the professional wasn't a company but an actual person that makes Baldwin the company...
I think I just answered my own question if that's how it went.
the producer (baldwin) is responsible for everything that happens during production. AND he was the actor who fired the gun.
"Oh Canada...you're beautiful when you're drunk" -EV 8/14/93
AND there were prior complaints and findings of poor workplace conditions. Not as simple as it seems. The shooting may be a result of more than bad oversight on the prop gun. Sorry I is a lawyer.
I would be curious on going back and seeing the ruling on how he gets negligence. I know we argued about this early on but they paid a professional to make sure that safety and dead ammo was used...
and he hired said professional. and then he fired the gun. easy route to make to negligence to me.
You hire a company to do a job. You don't sue the person that hired them you sue the company...
Well wait. If the professional wasn't a company but an actual person that makes Baldwin the company...
I think I just answered my own question if that's how it went.
the producer (baldwin) is responsible for everything that happens during production. AND he was the actor who fired the gun.
AND there were prior complaints and findings of poor workplace conditions. Not as simple as it seems. The shooting may be a result of more than bad oversight on the prop gun. Sorry I is a lawyer.
I'm looking at it like this. I am a GC. I hire X to do a certain task. If it's not an OCIP job then they carry their own insurance. If I am carrying the insurance, OCIP job, then I and every other contractor can be liable for any occurrence. Either way though, the person hired to do the task is responsible and liable as an independent, unless they are directly working for me, the GC.
If Baldwin is acting like the GC and did not hire an independent contractor then I see how he is liable.
Him pulling the trigger still means squat to me. You are in a supposed safe zone where people are doing what they were hired to do and at no time should you be double checking them. It's like double checking the mechanic you hired to do your tuneup. if you need to check that much then you should have just did the work yourself.
I'm not checking my parachute when I do a tandem jump, I expect the jumpmaster to take care of that task.
but if the jumpmaster cut corners, and someone dies, and the person who hired the jumpmaster (baldwin) (allegedly) knowing corners were being cut, the person who hired that jumpmaster would be liable criminally.
"Oh Canada...you're beautiful when you're drunk" -EV 8/14/93
but if the jumpmaster cut corners, and someone dies, and the person who hired the jumpmaster (baldwin) (allegedly) knowing corners were being cut, the person who hired that jumpmaster would be liable criminally.
The whole argument is ludicrous. I’m not sure of any state that would give an adult that pointed a gun at someone and fired it a pass on liability, regardless of if they thought it was unloaded, paid someone else to check it on a movie set, or “thought” it was safe in whatever other ways. If an adult is handling a firearm, they are responsible for what that firearm does, movie standards be damned. Hell, if a police officer gave you a firearm, said it was unloaded, and you pointed it at someone and shot them, you would still be liable for handling it in an unsafe, neglectful way. It’s a pretty simple concept…don’t point guns at things/people that you are not willing to shoot, and you will not accidentally shoot it/them. If you do not know the basic firearm safety rules, then use a fake gun that is not capable of firing real bullets. Baldwin is just learning these things the hard way…
Manslaughter charge for Alec Baldwin in 'Rust' set shooting
By MORGAN LEE
36 mins ago
SANTA FE, N.M. (AP) — Actor Alec Baldwin and a weapons specialist have been formally charged with involuntary manslaughter in the fatal shooting of a cinematographer on a New Mexico movie set, according to court documents filed by prosecutors Tuesday.
Santa Fe District Attorney Mary Carmack-Altwies filed the charging documents naming Baldwin and Hannah Gutierrez-Reed, who supervised weapons on the set of the Western “Rust.”
Halyna Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.
Prosecutors have said that Baldwin’s involvement as a producer and as the person who fired the gun weighed in the decision to file charges.
The filing Tuesday comes nearly two weeks after prosecutor Carmack-Altwies first announced that Baldwin and Gutierrez-Reed would be prosecuted for what authorities have described as a pattern of criminal disregard for safety. In recent weeks, she outlined two sets of involuntary manslaughter charges in connection with the shooting.
The manslaughter charge against Baldwin includes alternative standards and sanctions. One would apply a charge of manslaughter for reckless disregard of safety “without due caution and circumspection.”
A probable cause statement outlining evidence against Baldwin alleges many instances of “extremely reckless acts” or reckless failures to take precautions in the days and minutes leading up to the deadly shooting.
Investigators say that Baldwin drew a revolver from a holster, pointed it at Hutchins and fired the weapon when a plastic or replica gun should have been used by industry standards.
It says photos and videos of the rehearsal, including moments before the deadly shooting, showed Baldwin with his finger inside the trigger guard and on the trigger while “manipulating” the pistol's hammer, and that an FBI analysis shows the pistol could not be fired without pulling the trigger.
Investigators say Baldwin failed to appear for mandatory firearms training prior to filming, and that he didn’t fully complete on-set training while distracted by phone calls to family. They also cite several breaches of required safety-checks and protocols as the gun was loaded and provided to Baldwin.
Baldwin and Gutierrez-Reed maintain their innocence and have vowed to fight the charges.
Baldwin’s attorney Luke Nikas declined comment Tuesday and referred to his previous statement on the case, in which he called the charges a “terrible miscarriage of justice” that he and his client would fight and win.
“Mr. Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set,” the statement said. “He relied on the professionals with whom he worked.”
Gutierrez-Reed’s attorney said they would release a statement later.
Carmack-Altwies told The Associated Press in a Jan. 19 interview that the set was “really being run pretty fast and loose” and that Baldwin should have known there had been previous misfires on the set and that multiple people had brought up safety concerns.
Baldwin and Gutierrez-Reed will be issued a summons to appear in court. Prosecutors will forgo a grand jury and rely on a judge to determine if there is sufficient evidence to move toward trial. It could take up to 60 days for decision.
Involuntary manslaughter can involve a killing that happens while a defendant is doing something lawful but dangerous and is acting negligently or without caution.
Prosecutors say that a proposed plea agreement signed by assistant director David Halls, who oversaw safety on set, has not yet been approved by a judge and cannot be published.
Prosecutors said previously that Halls has agreed to plead guilty in the negligent use of a deadly weapon. Prosecutors say Halls may have handled the gun improperly before it was given to Baldwin.
Heather Brewer, a spokeswoman for the district attorney's office, said in a statement Monday that prosecutors are “fully focused on securing justice for Halyna Hutchins” and "the evidence and the facts speak for themselves.”
Baldwin, also a co-producer on “Rust,” has described the killing as a tragic accident. The 64-year-old actor said he was told the gun was safe and has sought to clear his name by suing people involved in handling and supplying the loaded .45-caliber revolver.
In his lawsuit, Baldwin said that while working on camera angles with Hutchins, he pointed the gun in her direction and pulled back and released the hammer of the weapon, which discharged.
Defense attorney Jason Bowles, who represents Gutierrez-Reed, said the charges are the result of a “flawed investigation” and an “inaccurate understanding of the full facts.”
Defendants can participate remotely in many initial court proceedings or seek to have their first appearance waived.
The decision to charge Baldwin marks a stunning turn of events for an A-list actor whose 40-year career included the early blockbuster “The Hunt for Red October” and a starring role in the sitcom “30 Rock,” as well as iconic appearances in Martin Scorsese’s “The Departed” and a film adaptation of David Mamet’s “Glengary Glen Ross.” In recent years, Baldwin was known for his impression of former President Donald Trump on “Saturday Night Live.”
___
AP Entertainment writer Andrew Dalton in Los Angeles contributed to this report.
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you're finally here and I'm a mess................................................... nationwide arena columbus '10
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Alec Baldwin says part of shooting charge unconstitutional
By ANDREW DALTON
6 mins ago
Alec Baldwin on Friday asked a judge in New Mexico to dismiss a five-year firearm sentencing enhancement in the charges against him, saying it is unconstitutionally based on a law passed after the shooting on the set of the film “Rust.”
“The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident,” a court filing from Baldwin’s attorneys said.
Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the Western, were charged last month with felony involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins.
Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza. Hutchins' parents and sister filed a lawsuit over the shooting Thursday, after a similar suit filed by her husband and son was settled.
Baldwin's attorneys also filed a motion on Tuesday to disqualify the special prosecutor in the case, asserting that her position as a state lawmaker constitutionally prohibits her from holding any authority in a judicial capacity.
Baldwin's legal team is mounting an aggressive legal fight against the charges before he has even made his initial court appearance, which is scheduled to take place by videoconference later this month. Baldwin has not been arrested.
“Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the ‘Rust’ film set that led to Halyna Hutchins’ death," district attorney's spokeswoman Heather Brewer said in an email.
She added that the prosecution team "will review all motions — even those given to the media before being served to the DA. However, the DA’s and the special prosecutor’s focus will always remain on ensuring that justice is served and that everyone — even celebrities with fancy attorneys — is held accountable under the law.”
The manslaughter charges against Baldwin and Gutierrez-Reed include two alternative standards and sets of penalties, and a jury can decide which to pursue, according to prosecutors.
One version would require proof of negligence, which is punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.
The second alternative is reckless disregard of safety “without due caution and circumspection.” It carries a higher threshold of wrongdoing and includes the gun enhancement that could result in a mandatory five years in prison.
But legal experts said Baldwin has a strong chance of seeing it thrown out.
“This is a violation of the ex post facto clause of the constitution," said Neama Rahmani, president of West Coast Trial Lawyers. “The government can’t pass a law and retroactively punish someone under that law. The judge is likely going to toss that enhancement and so Baldwin is just looking at a maximum sentence of 18 months in jail.”
In court documents, the district attorney's office said reckless safety failures accompanied the film production from the outset, and that Baldwin's "deviation from known standards, practices and protocol directly caused” Hutchins’ death.
They cited Baldwin’s failure as an actor to appear for mandatory firearms training prior to filming and his decision as a producer to work with Gutierrez-Reed, who was an uncertified and inexperienced armorer.
Baldwin's attorney Luke Nikas said when the charges were announced that they were “a terrible miscarriage of justice." He said Baldwin relied on the professionals with whom he worked and “had no reason to believe there was a live bullet in the gun.”
___
Associated Press writers Susan Montoya Bryan in Albuquerque, New Mexico, and Morgan Lee in Santa Fe, New Mexico, contributed to this report.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
‘Rust’ charges dropped against Alec Baldwin, attorneys confirm
The actor had been charged with two counts of involuntary manslaughter after the fatal shooting on the set of ‘Rust’
Charges against actor Alec Baldwinhave been dropped for the fatal shooting on the set of “Rust,” Baldwin’s attorneys said Thursday.
“We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” Baldwin’s attorneys Luke Nikas and Alex Spiro said in a statement.
Baldwin was handling a prop gunon the set of “Rust” in October 2021 when it discharged, killing cinematographer Halyna Hutchins and wounding the film’s director, Joel Souza.
Baldwin and the “Rust” set’s armorer, Hannah Gutierrez-Reed, were charged with involuntary manslaughter in January for their alleged role in the fatal shooting of Hutchins. Both pleaded not guilty.
what I heard on the radio this morning was that the charges were dropped because the prosecution wouldn't have been ready in time for the preliminary hearing. the charges can be re-brought later down the line if they find it necessary.
"Oh Canada...you're beautiful when you're drunk" -EV 8/14/93
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LOS ANGELES (AP) — The family of a cinematographer shot and killed by Alec Baldwin on the set of the film “Rust” has agreed to settle a lawsuit against the actor and the movie’s producers, and producers aim to restart the project in January despite unresolved workplace safety sanctions.
“We have reached a settlement, subject to court approval, for our wrongful death case against the producers of Rust including Alec Baldwin,” said a statement Wednesday from Matthew Hutchins, widower of the cinematographer Halyna Hutchins and a plaintiff in the lawsuit along with their 9-year-old son Andros. “As part of that settlement, our case will be dismissed. The filming of Rust, which I will now executive produce, will resume with all the original principal players on board, in January 2023.”
The agreement is a rare piece of positive news for Baldwin, who has had a turbulent year since the Oct. 21 shooting. The actor, who was also a producer on the film, was pointing a gun at Hutchins when it went off, killing her and wounding the director, Joel Souza. They had been inside a small church during setup for filming a scene.
He announced the settlement agreement in an Instagram post.
“Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna’s son,” Baldwin said in the post. “We are grateful to everyone who contributed to the resolution of this tragic and painful situation.”
ALEC BALDWIN
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Medical investigator rules Baldwin set shooting an accident
Baldwin has said the gun went off accidentally and that he did not pull the trigger. But a recent FBI forensic report found the weapon could not not have fired unless the trigger was pulled.
New Mexico’s Office of the Medical Investigator determined the shooting was an accident following the completion of an autopsy and a review of law enforcement reports.
“I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin),” Matthew Hutchins said in the statement. "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.”
Rust Movie Productions continues to challenge the basis of a $137,000 fine against the company by New Mexico occupational safety regulators who say production managers on the set failed to follow standard industry protocols for firearms safety. The state Occupational Health and Safety Review Commission has scheduled an eight-day hearing on the disputed sanctions in April 2023.
Matthew Maez, spokesman for the Environment Department that enforces occupational safety regulations, says immediate gun-safety concerns were addressed when “Rust” ceased filming, and that a return to filming in New Mexico would be accompanied by new safety inspections.
“They’re going through the process as they have a right to," Maez said. "They have not paid the fine or accepted the conclusions.”
In April, New Mexico’s Occupational Health and Safety Bureau imposed the maximum fine against Rust Movie Productions and distributed a scathing narrative of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on set prior to the fatal shooting.
Rust Movie Productions told safety regulators that misfires prior to the fatal shooting of Hutchins did not violate safety protocols and that “appropriate corrective actions were taken,” including briefings of cast and crew.
Other legal troubles persist in relation to the film and the deadly shooting.
At least four other lawsuits brought by crew members remain, and the state of New Mexico has granted funds to pay for possible criminal prosecutions.
Baldwin is also a defendant in an unrelated defamation lawsuit brought by the family of a Marine killed in Afghanistan.
The Hutchins family lawsuit, filed in February, was harshly critical of Baldwin, the films producers, and the other defendants: unit production manager Katherine Walters, assistant director David Halls, armorer Hannah Guttierez Reed, and ammunition supplier Seth Kenney.
Their “reckless conduct and cost-cutting measures led to the death of Halyna Hutchins,” plaintiffs' attorney Brian Panish said at a news conference.
According to the lawsuit, if proper protocols had been followed, “Halyna Hutchins would be alive and well, hugging her husband and 9-year-old son."
The lawsuit said industry standards call for using a rubber or similar prop gun during the setup, and there was no call for a real gun. It also said Baldwin and Halls, who handed him the gun, should have checked the revolver for live bullets.
___
Associated Press writer Morgan Lee contributed from Santa Fe, New Mexico.
Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton
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Consider if you were the actor, you show up on set, staff hands you a gun for a scene, and you end up shooting a person. The result is tragic for everyone. If this happened to Tom Hanks, do you think as many people would be calling for criminal charges?
By Meryl Kornfield and Travis M. Andrews
November 12, 2022 at 10:00 ET
Alec Baldwin is suing the armorer and other people associated with the film “Rust” after he was given a loaded gun onset that fired, killing cinematographer Halyna Hutchins.
Baldwin alleges in the lawsuit that the Oct. 21, 2021, shooting was caused by the negligence of armorer Hannah Gutierrez-Reed, who was in charge of guns and ammunition on the set, assistant director Dave Halls, who handed the gun to Baldwin and said it was safe, Sarah Zachry, who was in charge of props, and Seth Kenney, who supplied the guns and ammunition on the set and assisted the armorer.
Baldwin, who was sued after the shooting, “seeks to clear his name” and hold the defendants “accountable for their misconduct,” according to the counterclaim filed Friday in Los Angeles Superior Court by his attorney, Luke Nikas.
“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 offset and was a safety risk to those around her,” Nikas wrote.
[FBI tests suggest gun on ‘Rust’ set could not fire without trigger pull]
Jason Bowles, an attorney for Gutierrez-Reed, told The Washington Post that Baldwin was the one to blame for the shooting. “Baldwin is solely responsible for this tragedy,” Bowles said. “He declined training on the cross draw, and pointed a weapon, and had his finger on the trigger.” The other defendants did not respond to requests for comment.
Baldwin was inside a building on Bonanza Creek Ranch in Santa Fe, N.M., practicing cocking the gun when it went off, killing cinematographer Hutchins and injuring director Joel Souza. It was not clear why the prop had live ammunition.
According to interviews conducted by the Sante Fe County Sheriff’s Office, people on the set saw and heard Halls retrieve a .45 Long Colt revolver from Gutierrez-Reed, announce it was a “cold gun” and hand it to Baldwin. The industry term means there are no live rounds in a weapon.
A New Mexico medical examiner ruled the death of Hutchins an accident after she was shot in the chest. An FBI report suggested that the gun could not have fired without its trigger having been pulled.
Baldwin’s lawsuit is the latest since the shooting. Gutierrez-Reed sued Kenney, saying he was liable for the live ammunition on set. Script supervisor Mamie Mitchell sued several people, including Baldwin, Gutierrez-Reed and Halls, over workplace safety allegations.
Matthew Hutchins, Halyna Hutchins’s husband, filed a wrongful-death lawsuit this year against Baldwin and other entities involved in the production, seeking compensatory and punitive damages. The defendants settled the lawsuit last month.
After news of the settlement, Hutchins called his wife’s death a “terrible accident” and said “I have no interest in engaging in recriminations or attribution of blame” in a statement last month. “All of us believe Halyna’s death was a terrible accident.”
Filming will resume next year, according to the statement, with the surviving Hutchins as an executive producer. The Santa Fe County Sheriff’s Office delivered its investigative report to local prosecutors in October, but the results of the investigation are not public. Local prosecutors have not filed criminal charges in the shooting.
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-EV 8/14/93
SANTA FE, N.M. (AP) — A Santa Fe district attorney will announce Thursday whether charges will be brought in the fatal 2021 film-set shooting of a cinematographer by actor Alec Baldwin during a rehearsal of the Western “Rust.”
Santa Fe District Attorney Mary Carmack-Altwies said a decision will be announced Thursday morning in a statement and on social media, without public appearances by prosecutors.
“The announcement will be a solemn occasion, made in a manner keeping with the office’s commitment to upholding the integrity of the judicial process and respecting the victim’s family,” said Heather Brewer, a spokeswoman for the district attorney's office.
Cinematographer Halyna Hutchins died shortly after being wounded by a gunshot during setup for a scene at the ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.
Santa Fe County Sheriff Adan Mendoza, who led the initial investigation into Hutchins' death, described “a degree of neglect” on the film set. But he left decisions about potential criminal charges to prosecutors after delivering the results of a yearlong investigation in October. That report did not specify how live ammunition wound up on the film set.
ALEC BALDWIN
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Prosecutors take charge of probe into Baldwin shooting
Taking control of the investigation, Carmack-Altwies was granted an emergency $300,000 request for the state to pay for a special prosecutor, special investigator and other experts and personnel.
Baldwin — known for his roles in “30 Rock” and “The Hunt for Red October” and his impression of former President Donald Trump on “Saturday Night Live” — has described the killing of Hutchins as a “tragic accident.”
He has sought to clear his name by suing people involved in handling and supplying the loaded gun that was handed to him on set. Baldwin, also a co-producer on “Rust,” said he was told the gun was safe.
In his lawsuit, Baldwin said that while working on camera angles with Hutchins during rehearsal for a scene, he pointed the gun in her direction and pulled back and released the hammer of the gun, which discharged.
New Mexico’s Office of the Medical Investigator determined the shooting was an accident following the completion of an autopsy and a review of law enforcement reports.
New Mexico’s Occupational Health and Safety Bureau has levied the maximum fine against Rust Movie Productions, based on a scathing narrative of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on set prior to the fatal shooting.
Rust Movie Productions continues to challenge the basis of a $137,000 fine by regulators who say production managers on the set failed to follow standard industry protocols for firearms safety.
The armorer who oversaw firearms on the set, Hannah Gutierrez Reed, has been the subject of much of the scrutiny in the case, along with an independent ammunition supplier. An attorney for Gutierrez Reed has said the armorer did not put a live round in the gun that killed Hutchins, and believes she was the victim of sabotage. Authorities said they’ve found no evidence of that.
Investigators initially found 500 rounds of ammunition at the movie set on the outskirts of Santa Fe — a mix of blanks, dummy rounds and what appeared to be live rounds. Industry experts have said live rounds should never be on set.
In April 2022, the Santa Fe Sheriff’s Department released a trove of files including lapel camera video of the mortally wounded Hutchins slipping in and out of consciousness as an evacuation helicopter arrived. Witness interrogations, email threads, text conversations, inventories of ammunition and hundreds of photographs rounded out that collection of evidence.
State workplace safety regulators said that immediate gun-safety concerns were addressed when “Rust” ceased filming, and that a return to filming in New Mexico would be accompanied by new safety inspections.
The family of Hutchins — widower Matthew Hutchins and son Andros — settled a lawsuit against producers under an agreement that aims to restart filming with Matthew’s involvement as executive producer.
“Rust” was beset by disputes from the start in early October 2021. Seven crew members walked off the set just hours before the fatal shooting amid discord over working conditions.
Hutchins' death has influenced negotiations over safety provisions in film crew union contracts with Hollywood producers and spurred other filmmakers to choose computer-generated imagery of gunfire rather than real weapons with blank ammunition to minimize risks.
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you're finally here and I'm a mess................................................... nationwide arena columbus '10
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https://amp.cnn.com/cnn/us/live-news/baldwin-rust-shooting-charges-decision/index.html
Yeah, saw that in the NY Times. That just seems wrong to me. Bummer.
-EV 8/14/93
-EV 8/14/93
He and the production company already settled out of court for those.
I know some studios say that they use safety glass when creating these scenes, which is a little smarter than in this incident, but I still don’t think it’s the best idea.
Well wait. If the professional wasn't a company but an actual person that makes Baldwin the company...
I think I just answered my own question if that's how it went.
-EV 8/14/93
If Baldwin is acting like the GC and did not hire an independent contractor then I see how he is liable.
Him pulling the trigger still means squat to me. You are in a supposed safe zone where people are doing what they were hired to do and at no time should you be double checking them. It's like double checking the mechanic you hired to do your tuneup. if you need to check that much then you should have just did the work yourself.
I'm not checking my parachute when I do a tandem jump, I expect the jumpmaster to take care of that task.
-EV 8/14/93
Baldwin is just learning these things the hard way…
SANTA FE, N.M. (AP) — Actor Alec Baldwin and a weapons specialist have been formally charged with involuntary manslaughter in the fatal shooting of a cinematographer on a New Mexico movie set, according to court documents filed by prosecutors Tuesday.
Santa Fe District Attorney Mary Carmack-Altwies filed the charging documents naming Baldwin and Hannah Gutierrez-Reed, who supervised weapons on the set of the Western “Rust.”
Halyna Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.
Prosecutors have said that Baldwin’s involvement as a producer and as the person who fired the gun weighed in the decision to file charges.
The filing Tuesday comes nearly two weeks after prosecutor Carmack-Altwies first announced that Baldwin and Gutierrez-Reed would be prosecuted for what authorities have described as a pattern of criminal disregard for safety. In recent weeks, she outlined two sets of involuntary manslaughter charges in connection with the shooting.
The manslaughter charge against Baldwin includes alternative standards and sanctions. One would apply a charge of manslaughter for reckless disregard of safety “without due caution and circumspection.”
A probable cause statement outlining evidence against Baldwin alleges many instances of “extremely reckless acts” or reckless failures to take precautions in the days and minutes leading up to the deadly shooting.
Investigators say that Baldwin drew a revolver from a holster, pointed it at Hutchins and fired the weapon when a plastic or replica gun should have been used by industry standards.
It says photos and videos of the rehearsal, including moments before the deadly shooting, showed Baldwin with his finger inside the trigger guard and on the trigger while “manipulating” the pistol's hammer, and that an FBI analysis shows the pistol could not be fired without pulling the trigger.
Investigators say Baldwin failed to appear for mandatory firearms training prior to filming, and that he didn’t fully complete on-set training while distracted by phone calls to family. They also cite several breaches of required safety-checks and protocols as the gun was loaded and provided to Baldwin.
Baldwin and Gutierrez-Reed maintain their innocence and have vowed to fight the charges.
Baldwin’s attorney Luke Nikas declined comment Tuesday and referred to his previous statement on the case, in which he called the charges a “terrible miscarriage of justice” that he and his client would fight and win.
“Mr. Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set,” the statement said. “He relied on the professionals with whom he worked.”
Gutierrez-Reed’s attorney said they would release a statement later.
Hutchins’ death already has led to new safety precautions in the film industry.
Carmack-Altwies told The Associated Press in a Jan. 19 interview that the set was “really being run pretty fast and loose” and that Baldwin should have known there had been previous misfires on the set and that multiple people had brought up safety concerns.
Baldwin and Gutierrez-Reed will be issued a summons to appear in court. Prosecutors will forgo a grand jury and rely on a judge to determine if there is sufficient evidence to move toward trial. It could take up to 60 days for decision.
Involuntary manslaughter can involve a killing that happens while a defendant is doing something lawful but dangerous and is acting negligently or without caution.
Prosecutors say that a proposed plea agreement signed by assistant director David Halls, who oversaw safety on set, has not yet been approved by a judge and cannot be published.
Prosecutors said previously that Halls has agreed to plead guilty in the negligent use of a deadly weapon. Prosecutors say Halls may have handled the gun improperly before it was given to Baldwin.
Heather Brewer, a spokeswoman for the district attorney's office, said in a statement Monday that prosecutors are “fully focused on securing justice for Halyna Hutchins” and "the evidence and the facts speak for themselves.”
Baldwin, also a co-producer on “Rust,” has described the killing as a tragic accident. The 64-year-old actor said he was told the gun was safe and has sought to clear his name by suing people involved in handling and supplying the loaded .45-caliber revolver.
In his lawsuit, Baldwin said that while working on camera angles with Hutchins, he pointed the gun in her direction and pulled back and released the hammer of the weapon, which discharged.
Defense attorney Jason Bowles, who represents Gutierrez-Reed, said the charges are the result of a “flawed investigation” and an “inaccurate understanding of the full facts.”
Defendants can participate remotely in many initial court proceedings or seek to have their first appearance waived.
The decision to charge Baldwin marks a stunning turn of events for an A-list actor whose 40-year career included the early blockbuster “The Hunt for Red October” and a starring role in the sitcom “30 Rock,” as well as iconic appearances in Martin Scorsese’s “The Departed” and a film adaptation of David Mamet’s “Glengary Glen Ross.” In recent years, Baldwin was known for his impression of former President Donald Trump on “Saturday Night Live.”
___
AP Entertainment writer Andrew Dalton in Los Angeles contributed to this report.
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Alec Baldwin on Friday asked a judge in New Mexico to dismiss a five-year firearm sentencing enhancement in the charges against him, saying it is unconstitutionally based on a law passed after the shooting on the set of the film “Rust.”
“The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident,” a court filing from Baldwin’s attorneys said.
Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the Western, were charged last month with felony involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins.
Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza. Hutchins' parents and sister filed a lawsuit over the shooting Thursday, after a similar suit filed by her husband and son was settled.
Baldwin's attorneys also filed a motion on Tuesday to disqualify the special prosecutor in the case, asserting that her position as a state lawmaker constitutionally prohibits her from holding any authority in a judicial capacity.
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Baldwin's legal team is mounting an aggressive legal fight against the charges before he has even made his initial court appearance, which is scheduled to take place by videoconference later this month. Baldwin has not been arrested.
“Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the ‘Rust’ film set that led to Halyna Hutchins’ death," district attorney's spokeswoman Heather Brewer said in an email.
She added that the prosecution team "will review all motions — even those given to the media before being served to the DA. However, the DA’s and the special prosecutor’s focus will always remain on ensuring that justice is served and that everyone — even celebrities with fancy attorneys — is held accountable under the law.”
The manslaughter charges against Baldwin and Gutierrez-Reed include two alternative standards and sets of penalties, and a jury can decide which to pursue, according to prosecutors.
One version would require proof of negligence, which is punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.
The second alternative is reckless disregard of safety “without due caution and circumspection.” It carries a higher threshold of wrongdoing and includes the gun enhancement that could result in a mandatory five years in prison.
But legal experts said Baldwin has a strong chance of seeing it thrown out.
“This is a violation of the ex post facto clause of the constitution," said Neama Rahmani, president of West Coast Trial Lawyers. “The government can’t pass a law and retroactively punish someone under that law. The judge is likely going to toss that enhancement and so Baldwin is just looking at a maximum sentence of 18 months in jail.”
In court documents, the district attorney's office said reckless safety failures accompanied the film production from the outset, and that Baldwin's "deviation from known standards, practices and protocol directly caused” Hutchins’ death.
They cited Baldwin’s failure as an actor to appear for mandatory firearms training prior to filming and his decision as a producer to work with Gutierrez-Reed, who was an uncertified and inexperienced armorer.
Baldwin's attorney Luke Nikas said when the charges were announced that they were “a terrible miscarriage of justice." He said Baldwin relied on the professionals with whom he worked and “had no reason to believe there was a live bullet in the gun.”
___
Associated Press writers Susan Montoya Bryan in Albuquerque, New Mexico, and Morgan Lee in Santa Fe, New Mexico, contributed to this report.
___
Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
‘Rust’ charges dropped against Alec Baldwin, attorneys confirm
The actor had been charged with two counts of involuntary manslaughter after the fatal shooting on the set of ‘Rust’
Charges against actor Alec Baldwinhave been dropped for the fatal shooting on the set of “Rust,” Baldwin’s attorneys said Thursday.
“We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” Baldwin’s attorneys Luke Nikas and Alex Spiro said in a statement.
Baldwin was handling a prop gunon the set of “Rust” in October 2021 when it discharged, killing cinematographer Halyna Hutchins and wounding the film’s director, Joel Souza.
Baldwin and the “Rust” set’s armorer, Hannah Gutierrez-Reed, were charged with involuntary manslaughter in January for their alleged role in the fatal shooting of Hutchins. Both pleaded not guilty.
https://www.washingtonpost.com/movies/2023/04/20/alec-baldwin-rust-shooting/
Libtardaplorable©. And proud of it.
Brilliantati©
-EV 8/14/93
I thought this was all wrapped up. Seems like it's never going to end.