Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #6

[YaYa_521]

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[steeltowngirl]

Before and right now. Specifically what is lacking in current government regulations that relate to this case.

Question wasn’t for me, but would like to share that per the investigation, no specific state or federal OSHA standards exist for firearms used in the film industry.

Item 20
https://www.env.nm.gov/occupational...-19-NM-OSHA-Rust-Summary-of-Investigation.pdf

 

[Zella]

rsbm bbm

My family is New Mexican, Granddaddy was in the Park Service, residing in Santa Fe since the early 1950's.

imho, AB would benefit from a bench trial -- considering his behavior since this horrific incident, how will he conduct himself in the courtroom?

As an entitled, privileged holier-than-thou <modsnip - potentially offensive>?

Not a popular image in New Mexico, nope.

<modsnip>

jmho

He can also have a really belligerent personality and a hot temper. I think if he gets a jury trial, he'd be much better served by not testifying, but I don't think he could be talked out of it. A cross exam between him and the prosecutor could be pretty heated, and I don't think he'd come out looking very well. MOO

 

[RANCH]

Question wasn’t for me, but would like to share that per the investigation, no specific state or federal OSHA standards exist for firearms used in the film industry.

Item 20
https://www.env.nm.gov/occupational...-19-NM-OSHA-Rust-Summary-of-Investigation.pdf

Are you sure? Why does the State of New Mexico document you linked have this in it? What about Fed OSHA?

Based on the above findings, I recommend a Willful-Serious citation with penalties be issued to Rust Movie Productions, LLC, citing the plain indifference to the recognized hazards associated with the use of firearms on set, to which their employees were exposed.

 

[evilwise]

So are we going to go back to seeing obviously rubber/plastic guns in movies now because actors are going to refuse to touch real ones for liability reasons?

 

[steeltowngirl]

Are you sure? Why does the State of New Mexico document you linked have this in it? What about Fed OSHA?

Here’s the full text of item 20 from the Rust investigation document.

20. As a result of the inspection, OHSB determined that Rust was responsible for a serious violation of the New Mexico Occupational Health and Safety Act (“the Act”). While no specific state or federal OSHA standards exist for firearms used in the film industry, it is clear both the employer and the film industry recognized the hazard associated with the use of firearms on movie sets, and the potential for serious injury to employees. Further, Rust demonstrated plain indifference to the safety of employees by ignoring recognized hazards inherent to the use of firearms and ammunition by failing to take appropriate corrective or investigative actions after two firearms-related incidents (misfires) occurred on October 16, 2021, and after employee(s) notified management that they did not feel safe with how weapons were being handled on set. Rust failed to follow company safety procedures, which likely would have prevented the accident from occurring.

 

[steeltowngirl]

So are we going to go back to seeing obviously rubber/plastic guns in movies now because actors are going to refuse to touch real ones for liability reasons?

New technology is much more advanced. Shouldn’t good replicas and special effects be able to give realistic (enough) results?

 

[evilwise]

New technology is much more advanced. Shouldn’t good replicas and special effects be able to give realistic (enough) results?

If the replica is indistinguishable from a real gun the actors won't touch the replicas either

 

[RANCH]

Here’s the full text of item 20 from the Rust investigation document.

20. As a result of the inspection, OHSB determined that Rust was responsible for a serious violation of the New Mexico Occupational Health and Safety Act (“the Act”). While no specific state or federal OSHA standards exist for firearms used in the film industry, it is clear both the employer and the film industry recognized the hazard associated with the use of firearms on movie sets, and the potential for serious injury to employees. Further, Rust demonstrated plain indifference to the safety of employees by ignoring recognized hazards inherent to the use of firearms and ammunition by failing to take appropriate corrective or investigative actions after two firearms-related incidents (misfires) occurred on October 16, 2021, and after employee(s) notified management that they did not feel safe with how weapons were being handled on set. Rust failed to follow company safety procedures, which likely would have prevented the accident from occurring.

Thanks. Regardless of this they still recommended a citation with penalties for the way firearms were handled on set.

That makes it clear to me that the State of New Mexico had a problem with the people who handled guns on the set of "Rust". JMO.

 

[steeltowngirl]

Thanks. Regardless of this they still recommended a citation with penalties for the way firearms were handled on set.

That makes it clear to me that the State of New Mexico had a problem with the people who handled guns on the set of "Rust". JMO.

Yes, they did. Would additional Federal and State OSHA oversight and regulations help prevent future tragedies? Perhaps it will bring more awareness, but people being people will eventually sidestep and get lax, until another tragedy happens.

 

[steeltowngirl]

If the replica is indistinguishable from a real gun the actors won't touch the replicas either

Could they prohibit all ammo on set, including blanks and dummies?

 

[RANCH]

Yes, they did. Would additional Federal and State OSHA oversight and regulations help prevent future tragedies? Perhaps it will bring more awareness, but people being people will eventually sidestep and get lax, until another tragedy happens.

I agree. And technology could replace actors with artificial ones and eliminate all possible harm.

I'm done with examining possible solutions to on set deaths to instead focus on this case. JMO.

 

[steeltowngirl]

“To convict Baldwin of manslaughter – assuming the case goes to trial – the prosecutor will have to convince a jury of two things. First, that Baldwin could not reasonably rely on Gutierrez-Reed to do her job and ensure that the gun did not have any live ammunition in it. And second, that Baldwin acted recklessly, or at least with criminal negligence, by not checking the gun and the ammunition himself before pointing the gun at the person he killed.”

What is involuntary manslaughter? A law professor explains the charge facing Alec Baldwin for ‘Rust’ shooting death

To convict Alec Baldwin of manslaughter for the on-set deadly shooting of Halyna Hutchins in 2021, prosecution will need to show that the actor was either reckless or criminally negligent.

theconversation.com

 

[Rigatoni999]

If the replica is indistinguishable from a real gun the actors won't touch the replicas either

If the replica is indistinguishable from a real gun the actors won't touch the real guns either. <modsnip - unnecessary snark>

 

[RANCH]

“To convict Baldwin of manslaughter – assuming the case goes to trial – the prosecutor will have to convince a jury of two things. First, that Baldwin could not reasonably rely on Gutierrez-Reed to do her job and ensure that the gun did not have any live ammunition in it. And second, that Baldwin acted recklessly, or at least with criminal negligence, by not checking the gun and the ammunition himself before pointing the gun at the person he killed.”

What is involuntary manslaughter? A law professor explains the charge facing Alec Baldwin for ‘Rust’ shooting death

To convict Alec Baldwin of manslaughter for the on-set deadly shooting of Halyna Hutchins in 2021, prosecution will need to show that the actor was either reckless or criminally negligent.

theconversation.com

I think the prosecution has a very good chance of convincing a jury that AB would have known that it was reckless to point the gun at Halyna and pull the trigger under any circumstances because of his own comments.

“No, no, no, no, no,” Baldwin said. “I would never point a gun at anyone and pull a trigger at them.”

He knew that relying on someone's claim that the gun was not loaded with live ammunition would not justify pointing a gun at a person and then pull the trigger. JMO.

Alec Baldwin on 'Rust' shooting: 'Someone is responsible ... but I know it's not me'

Baldwin sat down with Stephanopoulos to sift through the series of events that led to Hutchins’ death.

abcnews.go.com

 

[Cool Cats]

“We are not Jason Bourne"

Lights, Camera, Weapons Check? Actors Worry After Baldwin Charges.

The news that Alec Baldwin is facing manslaughter charges for killing a cinematographer with a gun he had been told was safe had actor Steven Pasquale thinking back to the filming of “Aliens vs. Predator: Requiem” more than a decade ago, when he and other actors were handed military-style rifles...

www.yahoo.com

The news that Alec Baldwin is facing manslaughter charges for killing a cinematographer with a gun he had been told was safe had actor Steven Pasquale thinking back to the filming of “Aliens vs. Predator: Requiem” more than a decade ago, when he and other actors were handed military-style rifles and told to start shooting.

He felt safe, he said, because he relied on the professional props experts and the armorer who had checked and shown him the gun.

“We are artists — we are not actual cowboys, actual cops, actual superheroes,” Pasquale said.

“We are not Jason Bourne. I can’t even begin to imagine an actor having the responsibility of now needing to be the safety person on the set regarding prop guns. That’s insane.”

 

[RANCH]

“We are not Jason Bourne"

Lights, Camera, Weapons Check? Actors Worry After Baldwin Charges.

The news that Alec Baldwin is facing manslaughter charges for killing a cinematographer with a gun he had been told was safe had actor Steven Pasquale thinking back to the filming of “Aliens vs. Predator: Requiem” more than a decade ago, when he and other actors were handed military-style rifles...

www.yahoo.com

The news that Alec Baldwin is facing manslaughter charges for killing a cinematographer with a gun he had been told was safe had actor Steven Pasquale thinking back to the filming of “Aliens vs. Predator: Requiem” more than a decade ago, when he and other actors were handed military-style rifles and told to start shooting.

He felt safe, he said, because he relied on the professional props experts and the armorer who had checked and shown him the gun.

“We are artists — we are not actual cowboys, actual cops, actual superheroes,” Pasquale said.

“We are not Jason Bourne. I can’t even begin to imagine an actor having the responsibility of now needing to be the safety person on the set regarding prop guns. That’s insane.”

Sounds like he's afraid to learn how to safely handle a real gun. It's not hard or complicated. Probably best for him to turn down any roles that involve real guns. JMO.

 

[Cool Cats]

Sounds like he's afraid to learn how to safely handle a real gun. It's not hard or complicated. Probably best for him to turn down any roles that involve real guns. JMO.

Actors can use these excuses but <modsnip - no link to "...I read that..."> That could be why he is being charged, I would have to read the indictment against him. I don't know if it has been posted by the media yet, I will look.

One charge of involuntary manslaughter will require proof of negligence. It’s punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.

The second manslaughter charge is for reckless disregard of safety “without due caution and circumspection.” It carries a higher threshold of wrongdoing and includes a “firearm enhancement” that could result in a mandatory five years in prison because the offense was committed with a gun.

 

[evilwise]

If the replica is indistinguishable from a real gun the actors won't touch the real guns either. <modsnip - unnecessary snark>

They wouldn't touch either one because they'd be indistinguishable from each other.

I agree with the article @steeltowngirl posted, it's ludicrous to bring charges against an actor for doing their job. Nobody would have brought charges against that guy who shot Brandon Lee on The Crow set. I'm not sure if I think it's because society has changed that much or because Baldwin has deep pockets but either way it sucks.

There was a set armorer, as is industry standard and legally this should be entirely her responsibility. If she was clearly incompetent then it's also the studio's responsibility for putting her in that position. A tiny little theoretical sliver of additional responsibility is distributed among every person who remained in what they knew to be a dangerous set. Baldwin could easily have been the one shot.

(Edited to add that if Baldwin was a producer and had personally dismissed safety concerns about the armorer in that case I could see a manslaughter charge.)

 

[RANCH]

They wouldn't touch either one because they'd be indistinguishable from each other.

I agree with the article @steeltowngirl posted, it's ludicrous to bring charges against an actor for doing their job. Nobody would have brought charges against that guy who shot Brandon Lee on The Crow set. I'm not sure if I think it's because society has changed that much or because Baldwin has deep pockets but either way it sucks.

There was a set armorer, as is industry standard and legally this should be entirely her responsibility. If she was clearly incompetent then it's also the studio's responsibility for putting her in that position. A tiny little theoretical sliver of additional responsibility is distributed among every person who remained in what they knew to be a dangerous set. Baldwin could easily have been the one shot.

(Edited to add that if Baldwin was a producer and had personally dismissed safety concerns about the armorer in that case I could see a manslaughter charge.)

You state that legally the armorer is entirely responsible for Halyna's death.

Are you saying that the charges against AB are false? And if false do you believe that AB's lawyers will be successful in having a judge throw them out?