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

[mickey2942]

I don't know, should charges be filed? Or just chalk it up to an "error", everyone go home? It seems to me that there was negligence. And a person who has a gun in their hand, bears responsibility to at least practice the bare minimum of gun safety...which wasn't done here.

 

[Ruby12345]

Ban them from ever using a gun and offer a plea deal for probation. Such a waste of tax payer money it's all for show.

 

[SteveS]

None of the people involved in the tragedy are violent offenders or a public safety risk.

"None of the people involved in the tragedy are violent offenders or a public safety risk."

If she were able to speak, I would wager H Hutchins would vehemently disagree with you. They were certainly extremely violent toward her, and a massive safety risk to her.

ETA - Personally, I find it incredibly egregious that they are all being allowed to proceed as if nothing has happened, and go do it all again somewhere else. "Oops, my bad -- okay, I said I didn't mean to, now let's go back to what we were doing."

 

[Betty P]

"None of the people involved in the tragedy are violent offenders or a public safety risk."

If she were able to speak, I would wager H Hutchins would vehemently disagree with you. They were certainly extremely violent toward her, and a massive safety risk to her.

ETA - Personally, I find it incredibly egregious that they are all being allowed to proceed as if nothing has happened, and go do it all again somewhere else. "Oops, my bad -- okay, I said I didn't mean to, now let's go back to what we were doing."

I doubt any of them are going on with their lives like nothing happened. I'm sure the horror and sadness of that event will live with them forever.

Previous accidents of this type were handled through civil lawsuits. The industry really needs some major reform WRT the hazards workers face, especially when production companies are cutting corners.

 

[PrairieWind]

I don't know, should charges be filed? Or just chalk it up to an "error", everyone go home? It seems to me that there was negligence. And a person who has a gun in their hand, bears responsibility to at least practice the bare minimum of gun safety...which wasn't done here.

not every accidental death requires criminal charges, especially at felony level. Everyone acknowledges this was an accident. Was this negligence or criminal negligence? And if criminal, by whom?

 

[mickey2942]

not every accidental death requires criminal charges, especially at felony level. Everyone acknowledges this was an accident. Was this negligence or criminal negligence? And if criminal, by whom?

I don't know. That is why I am not fond of interpreting laws, so many gray areas, left up to "prosecution discretion" or adjudication. One person can be charged, another person isn't, for the same crime.

AB and HGR were charged. I don't see the State backing down now. Full steam ahead. That ship sailed.

 

[PrairieWind]

I don't know. That is why I am not fond of interpreting laws, so many gray areas, left up to "prosecution discretion" or adjudication. One person can be charged, another person isn't, for the same crime.

AB and HGR were charged. I don't see the State backing down now. Full steam ahead. That ship sailed.

The DA seems hell bent on full speed ahead, regardless of facts and law. I suspect it now is AB's attorneys that are rejecting any plea negotiations. HGR however needs to get an agreement worked out.

 

[10ofRods]

IIRC, whomever was supervising her wasn't even on the set. She communicated with them by phone. Do you recall that, too?

Her direct supervisor was the prop manager (a woman, can't remember her name).

They hired Seth Kenney as her *mentor* not her supervisor. Seth looks to have been paid a lump sum as a consultant, not an employee.

Above the prop master was GP (Pickle). GP is the one who got the safety emails (along with others, I believe Alec got some too). There were several different incidents and HGR did email GP regarding the fact that she couldn't be two places in one.

On the morning of the shooting, the crew including the guy who ran their Video Village camera (so that HGR was seeing what was being filmed and what was happening on set in real time) was no longer working, create even more safety hazards. Halyna had encouraged supported the crew in their walk out, because of the safety issues. She didn't feel it was safe.

(IMO; many sources, mostly Variety)

 

[10ofRods]

I am sure that his defense will include that Halyna Hutchins told him where to point the weapon, and he was just following directions...

Except in the LE release of witness statements, not one person says that. In fact, Joel says he and Halyna were talking about something else when Alec fired the weapon.

IMO. Source: Joel's initial statement to LE. All the other witnesses say no such direction was given. The script supervisor says he wasn't supposed to fire inside the church at that time. I believe the camera operator (not Halyna) had been talking to him and Alec was asking how it looked when he held the gun a certain way - that's certainly not "permission to fire the gun." Camera guys don't tell actors what to do.

The director does. This whole thing of acting as if the dead victim was in charge of the film is silly - it is the director who tells people what to do (and Joel says he and Halyna were busy talking to each other.

IMO. Source: the LE documents.

 

[PrairieWind]

Her direct supervisor was the prop manager (a woman, can't remember her name).

They hired Seth Kenney as her *mentor* not her supervisor. Seth looks to have been paid a lump sum as a consultant, not an employee.

Above the prop master was GP (Pickle). GP is the one who got the safety emails (along with others, I believe Alec got some too). There were several different incidents and HGR did email GP regarding the fact that she couldn't be two places in one.

On the morning of the shooting, the crew including the guy who ran their Video Village camera (so that HGR was seeing what was being filmed and what was happening on set in real time) was no longer working, create even more safety hazards. Halyna had encouraged them to walk out, because of the safety issues. She didn't feel it was safe.

(IMO; many sources, mostly Variety)

Wait, Halyna encouraged people to walk out? I hadn't heard that.

 

[10ofRods]

"None of the people involved in the tragedy are violent offenders or a public safety risk."

If she were able to speak, I would wager H Hutchins would vehemently disagree with you. They were certainly extremely violent toward her, and a massive safety risk to her.

ETA - Personally, I find it incredibly egregious that they are all being allowed to proceed as if nothing has happened, and go do it all again somewhere else. "Oops, my bad -- okay, I said I didn't mean to, now let's go back to what we were doing."

They are about to start filming again - supposedly with entirely fake guns (so I guess they suddenly found the money for the post-production addition of sound and smoke).

The way Alec used the long gun and the revolver in that recently released video shows he has no idea how to make it look realistic. They should film him from behind and use a stunt double who knows what recoil feels like.

IMO. As a movie buff.

 

[10ofRods]

Wait, Halyna encouraged people to walk out? I hadn't heard that.

It's somewhere in the 550 pages, but was also tweet about for an entire week right after she died.

She made an attempt the night before to change her crew's minds by taking them to sushi, and hoped the issue was resolved. But she hugged them as they left. Here's a quote:

//Hutchins herself had been advocating for better working conditions on the set before the incident occurred, according to the Los Angeles Times, becoming “tearful” when the camera crew left on Thursday morning. Just two days before the shooting, Hutchins posted a photo of the crew on Facebook, captioned “Our IATSE solidarity on RUST.” //

She of course showed up herself. This and other articles say the same thing about Halyna's advocacy for better working conditions. These articles also mention that "a producer" threatened to call police on the camera crew that very morning, if they didn't leave the set. They were attempting a work action and wanted a resolution, not to be fired. They apparently weren't receiving paychecks as promised, anyway. So they left and they got amateurs/non-union people to come in (only a couple).

They had to pay their lodging bills weekly, apparently, but hadn't been paid in three weeks:

Hours before Alec Baldwin shooting, crew walked off set to protest safety conditions

Two sources tell Consequence that the production's assistant director has a troubling history of ignoring safety protocols.

consequence.net

^Film industry newsletter

Halyna Hutchins’s Death on the Set of Rust Was “Not a Freak Accident”

Halyna Hutchins’s death during the filming of Rust is a tragic consequence of studios prioritizing profit and speed over crew members’ lives. Alec Baldwin’s culpability isn’t about him pulling the trigger on a prop gun — it’s about his and his fellow producers’ cost-cutting decisions.

jacobin.com

^Another film industry newsletter.

I probably ought to have written "supported" the camera crew in their struggle for equity in the workplace, rather than "encouraged."

But she did send back an expensive piece of equipment, which required them to re-block the shoot-out scene (a mini-boom camera).

From the LA Times:

//The Times says that Hutchins was also among those to have raised concerns about safety conditions for her team...The shooting that killed Hutchins ultimately occurred about six hours after the union camera crew left//

Guns were specifically mentioned by those crew members, the most outspoken is Luper.

'Rust' crew describes on-set gun safety issues and misfires days before fatal shooting

At least one of the camera operators complained last weekend to production managers about gun safety on the set.

www.latimes.com

No gun shot required.

No gunshot required in ‘Rust’ scene where Alec Baldwin fatally shot Halyna Hutchins

The scene Alec Baldwin was rehearsing when he fatally shot Halyna Hutchins on the set of the film “Rust” did not even require a gunshot, according to charging documents. Baldwin, 64, was charged Tuesday with involuntary manslaughter in the death of Hutchins, the movie’s cinematographer who was...

www.yahoo.com

 

[BeachSky]

"None of the people involved in the tragedy are violent offenders or a public safety risk."

If she were able to speak, I would wager H Hutchins would vehemently disagree with you. They were certainly extremely violent toward her, and a massive safety risk to her.

ETA - Personally, I find it incredibly egregious that they are all being allowed to proceed as if nothing has happened, and go do it all again somewhere else. "Oops, my bad -- okay, I said I didn't mean to, now let's go back to what we were doing."

Well said.
And if the situation were reversed, I’d wager HH would be beyond & beside herself. Curled up in disbelief. Not prime time interviewing, vaca/house shopping, parading a narrative everywhere all-the-time. It’s not the actual accident but his prioritized aftermath that defined a sickening direction. Humility & accountability were never in this guy’s wheel house. Ever.
All MOO.

 

[DI_Isokawa]

Update from Deadline:

Resurrected ‘Rust’ Movie Has April Start Date; Alec Baldwin Criminal Case Stumbles For D.A. As Minitrial Looms

EXCLUSIVE: No date has been set for Alec Baldwin’s criminal trial over the October 2021 fatal shooting of Rust cinematographer Halyna Hutchins, but the resurrected movie is now looking at a late Ap…

deadline.com

 

[Cool Cats]

This is what money can buy you. Alec Baldwin's attorney:

Luke Nikas | Quinn Emanuel Urquhart & Sullivan, LLP

Luke Nikas - Quinn Emanuel attorneys are some of the most talented trial lawyers in the world.

www.quinnemanuel.com

He is a partner in this law firm:

Practice Areas | Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel attorneys represent Fortune 500 companies and other enterprises in virtually every type of business dispute.

www.quinnemanuel.com

Just one of many practice areas:

Regularly voted the “most feared” law firm in the world, Quinn Emanuel Urquhart & Sullivan, LLP is uniquely positioned to litigate cases stemming from Russia’s invasion of Ukraine. QE has been acting for Ukraine and its interests against Russia in highly important international cases for many years. QE’s experience in high-stakes litigation and arbitration around the globe puts it in a class by itself. And when it comes to Russia-related disputes, QE has no peer.

Alec Baldwin’s Lawyer Calls ‘Rust’ Shooting Criminal Charges “Terrible Miscarriage Of Justice”

Alec Baldwin Responds To Santa Fe DA's Criminal Charges In 'Rust' Case

deadline.com

“This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice. Mr. Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win,” said Alec Baldwin’s attorney, Luke Nikas of Quinn Emanuel.

 

[al66pine]

Atty & Law Firm Rep'ing AB?

This is what money can buy you. Alec Baldwin's attorney:

Luke Nikas | Quinn Emanuel Urquhart & Sullivan, LLP

Luke Nikas - Quinn Emanuel attorneys are some of the most talented trial lawyers in the world.

www.quinnemanuel.com

He is a partner in this law firm:

Practice Areas | Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel attorneys represent Fortune 500 companies and other enterprises in virtually every type of business dispute.

www.quinnemanuel.com

...

.... snipped for focus @Cool Cats Thanks so much for links & quotes.
The list of Nikas' own "Notable Representations" includes a ref to AB & current case, but not specifying the crim action:
"Representing famous actor in multiple actions arising out of accidental death of the cinematographer on a movie set."

Listing of Nikas' "Practice Areas" shows:
"Antitrust & Competition
Appellate Practice
Art Litigation
Health Care Litigation
Entertainment & Media Litigation
Mergers & Acquisitions Litigation
Real Estate Litigation
Securities Litigation
Copyright Litigation
Intellectual Property Litigation"

Nothing that stands out as pointing a clumsy, loudmouth handgun shooter to Nikas for criminal defense in NM. imo

_____________________________________________
The law firm's listing of firm's "Practice Areas" includes "Entertainment & Media Litigation" which mentions "...representing talent... in their most important disputes" and the entertainment industry's "idiosyncratic rules and precedents." Nothing re crim defense work there, altho they may have done some.

"We have offices in the world’s major entertainment and media centers, including: Los Angeles, New York, Silicon Valley, London, Paris, Hong Kong, and Sydney—so we have extensive expertise litigating all types of industry disputes. We represent motion picture studios, television networks, music broadcasters, financiers, distributors, publishers, video game developers and publishers, sports teams and leagues, talent, and talent agencies in their most important disputes.

"The entertainment and media industries are governed by idiosyncratic rules and precedents developed over decades. At the same time, the rapid growth of new technologies and entrants into the industries—such as video gaming and social media—has generated novel legal issues. Experience in the industries and innovative strategies are critical to success...."

Entertainment & Media Litigation | Quinn Emanuel Urquhart & Sullivan, LLP

Entertainment & Media Litigation

www.quinnemanuel.com

 

[CGray123]

I don't know, should charges be filed? Or just chalk it up to an "error", everyone go home? It seems to me that there was negligence. And a person who has a gun in their hand, bears responsibility to at least practice the bare minimum of gun safety...which wasn't done here.

The assistant director entered a guilty plea to a charge of Negligent Use of a Deadly Weapon, a misdemeanor. The charge seems to fit AB's situation as well.

Section 30-7-4 - Negligent use of a deadly weapon.

Universal Citation: NM Stat § 30-7-4 (2018)

"A. Negligent use of a deadly weapon consists of:

(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
...
(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; ...

Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor."

The prosecutors want to be seen as taking HH's death seriously, so they need a felony charge not a misdemeanor. Trouble is, NM law doesn't anticipate the film set scenario we have here, and the involuntary manslaughter statute isn't the best fit. MOO

 

[PrairieWind]

The assistant director entered a guilty plea to a charge of Negligent Use of a Deadly Weapon, a misdemeanor. The charge seems to fit AB's situation as well.

Section 30-7-4 - Negligent use of a deadly weapon.

Universal Citation: NM Stat § 30-7-4 (2018)

"A. Negligent use of a deadly weapon consists of:

(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
...
(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; ...

Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor."

The prosecutors want to be seen as taking HH's death seriously, so they need a felony charge not a misdemeanor. Trouble is, NM law doesn't anticipate the film set scenario we have here, and the involuntary manslaughter statute isn't the best fit. MOO

You are very right. This would have been a better charge, but I'm sure the DA didn't it was tough enough. Big mistake.

 

[al66pine]

OSHA. Federal or State Agency?
Not sure if it's "Better Late Than Never" but pulled this explanation out from a draft folder I started, way back, when NM st. agency was investigating the Rust shooting, considering fines, etc. Conceivably relevant in upcoming crim proceedings, IDK.

Atty Hannah, speaking on behalf of the Rush Prod. Co., iirc, referred to OSHA instead of OSHB. I believe he misspoke.

OSHA (Admin) = fed agency part of US Dept of Labor cabinet.
OSHB = NM's state Occupational Safety & Health Bureau, part of NM's Environment Dept, cabinet level dept.

Okay. Got ^ it? So how did NM state OSHB enter fed. OSHA's sphere --- investigating Rust Prod. Co. set in NM; issuing citations; assessing penalties for workplace violations?

- Oversimplified: Fed . agency delegates work to some st's, pays them $ to operate program.
- Briefly: Fed. OSHA law authorizes state OSHA agency to operate workplace safety & health programs; to conduct workplace inspections & investigations; to issue citations; to assess penalties against employers. The state's programs must be at least as effective as fed. program. Fed pays up to 50% of st. program.
- Not so briefly: See * below

Fun fact of the day:
"According to a report by AFL–CIO, it would take OSHA 129 years to inspect all workplaces under its jurisdiction."**
______________________________________________
* The fed. agency.
"The OSHA Act covers most private sector employers in all 50 states... —either directly through federal OSHA or through an OSHA-approved state plan.
State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. Federal OSHA approves and monitors all state plans and provides as much as fifty percent of the funding for each program. State-run safety and health programs are required to be at least as effective as the federal OSHA program.
The following 22 states... have OSHA-approved state programs: ...New Mexico...[7]"

Occupational Safety and Health Administration - Wikipedia

en.wikipedia.org

** Wayback Machine
(from a 2011 pub., not vouching for current accuracy)

 

[Betty P]

OSHA. Federal or State Agency?
Not sure if it's "Better Late Than Never" but pulled this explanation out from a draft folder I started, way back, when NM st. agency was investigating the Rust shooting, considering fines, etc. Conceivably relevant in upcoming crim proceedings, IDK.

Atty Hannah, speaking on behalf of the Rush Prod. Co., iirc, referred to OSHA instead of OSHB. I believe he misspoke.

OSHA (Admin) = fed agency part of US Dept of Labor cabinet.
OSHB = NM's state Occupational Safety & Health Bureau, part of NM's Environment Dept, cabinet level dept.

Okay. Got ^ it? So how did NM state OSHB enter fed. OSHA's sphere --- investigating Rust Prod. Co. set in NM; issuing citations; assessing penalties for workplace violations?

- Oversimplified: Fed . agency delegates work to some st's, pays them $ to operate program.
- Briefly: Fed. OSHA law authorizes state OSHA agency to operate workplace safety & health programs; to conduct workplace inspections & investigations; to issue citations; to assess penalties against employers. The state's programs must be at least as effective as fed. program. Fed pays up to 50% of st. program.
- Not so briefly: See * below

Fun fact of the day:
"According to a report by AFL–CIO, it would take OSHA 129 years to inspect all workplaces under its jurisdiction."**
______________________________________________
* The fed. agency.
"The OSHA Act covers most private sector employers in all 50 states... —either directly through federal OSHA or through an OSHA-approved state plan.
State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. Federal OSHA approves and monitors all state plans and provides as much as fifty percent of the funding for each program. State-run safety and health programs are required to be at least as effective as the federal OSHA program.
The following 22 states... have OSHA-approved state programs: ...New Mexico...[7]"

Occupational Safety and Health Administration - Wikipedia

en.wikipedia.org

** Wayback Machine
(from a 2011 pub., not vouching for current accuracy)

Yes, some authority is delegated to states under pressure from industry lobbyists. JMO It's part of what's called regulatory capture. The trick is to NOT fund these programs so there aren't enough inspectors.

Regulatory capture - Wikipedia

en.wikipedia.org

At that point, OSHA compliance essentially becomes voluntary. It's easier to reduce those inspectors and fines at the state level.

Other options are to have very large fines and the freedom of those injured to have a right to private action. That means the ability to sue the owners for significant amounts of money. The threat of a very costly fine and lawsuit verdict is then supposed to act as a deterrent to businesses operating an unsafe work environment.

If New Mexico is focused on bringing criminal charges against companies with unsafe work environments, they should be applying that across the board. JMO Here's the data for 2021.

Fatal Occupational Injuries in New Mexico : Southwest Information Office : U.S. Bureau of Labor Statistics

www.bls.gov