Alec Baldwin fired prop gun, killing 1 on movie set, Oct 2021 #5

[BeckyF]

Alec Baldwin discharged gun in incident that killed cinematographer

A helicopter transported cinematographer Halyna Hutchins, 42, to the University of New Mexico Hospital, where she was pronounced dead by medical personnel, according to the Santa Fe County Sheriff’s Office. The director, 42-year-old Joel Souza, was transported via ambulance to Christus St. Vincent’s hospital and is receiving emergency treatment for his injuries.

"According to investigators it appears that the scene being filmed involved the use of a prop firearm when it was discharged," a release from the sheriff's office said. "Detectives are investigating how and what type of projectile was discharged."

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[Tiff23fr]

Mod Note:

What AB’s Spouse shares with the media can be discussed. However, she is not a POI in a case. That limits discussion of her to only what is stated in the MSM article. Several posts have been removed this evening for personal comments that fall outside that scope.

Thanks for helping us keep this thread in line with the TOS that cover all threads on the WS Platform.

Tiff

 

[shotgun09]

Alec Baldwin seeks dismissal of ‘Rust’ crew member’s lawsuit

Alec Baldwin’s attorneys have asked a Los Angeles court to dismiss a lawsuit filed by a script supervisor on the Western flick “Rust” who claimed the actor disregarded protocol in the deadly on-set shooting.

In the filing Monday in LA Superior Court, Baldwin’s attorney rejected claims that the actor intended any harm, as alleged by crew member Mamie Mitchell.

“Despite Plaintiff’s attempt to label claims as intentional, nothing about Plaintiff’s allegations suggest that any of Defendants intentionally committed harmful conduct,” the filing said. "


“I saw Alec going through his movement with the gun for the camera,” Mitchell said in her lawsuit, which was filed in November.

“I was holding my script in my left hand and had taken out my iPhone and opened up my photos to check the continuity on his shirt and vest,” she said. “Then an explosion. Deafening loud gunshot.”

Mitchell claimed that “Baldwin intentionally, without just cause or excuse, cocked and fired and loaded gun even though the upcoming scene to be filmed did not call for the cocking and firing of a firearm.”

 

[Cool Cats]

Santa Fe lawyer applies to represent estate of woman killed on Rust set, file possible wrongful death claim

Jan. 27—The family of a cinematographer shot and killed on the set of Rust outside Santa Fe in October appears to be preparing to file a wrongful death suit on her behalf.

The petition was filed with the support of Hutchins' husband Matthew Hutchins and the couple's minor son, according to the request submitted by the Albuquerque law firm of McGinn, Montoya, Love & Curry.

The petition does not state who may be named as a defendant in such a lawsuit or what the basis for the claim might be.

Randi McGinn, a partner in the law firm which filed the petition, declined to provide details Thursday but said Hutchins' husband and son would be the beneficiaries of any funds recovered through a lawsuit.

 

[DI_Isokawa]

...according to the request submitted by the Albuquerque law firm of McGinn, Montoya, Love & Curry.

Highly respected firm with deep roots in New Mexico. I would not want to be in their crosshairs.

 

[Cool Cats]

In email exchange before shooting, 'Rust' armorer said she needed to focus on weapons, not props

On Oct. 14, the film's line producer, Gabrielle Pickle, scolded Gutierrez Reed in an email reviewed by the Los Angeles Times, saying the production office had received complaints that two shotguns had been left unattended on the set. Pickle also took Gutierrez Reed to task for allegedly not doing enough to support the film's prop master, Sarah Zachry.

"We hired you as both Armor and Key Assistant Props," Pickle wrote in the Oct. 14 email, according to a copy shared with The Times. "It has been brought to my attention that you are focusing far more on Armor and not supporting props as needed."

Gutierrez Reed protested the demand that she devote more time to her props role, saying she needed to pay attention to gun safety.

"Since we've started, I've had a lot of days where my job should only be to focus on the guns and everyone's safety," Gutierrez Reed wrote, noting that on gun-heavy days during the filming, the assistant props role "has to take a back seat. Live fire arms on set is absolutely my priority."

"When I'm forced to do both [jobs], that's when mistakes get made," Gutierrez Reed wrote.

She had complained to deputies that she was stretched too thin performing her props role and was unaware that a rehearsal was taking place.

Other emails viewed by The Times also showed producers tried to ensure that safety protocols were followed when a child actor was using guns during the filming.

Other emails shared with The Times showed a second email conversation on Oct. 14.

In this exchange, second assistant director Tim Barrera asked Gutierrez Reed to explain what ammunition was being used. He wanted to know the decibel level of the shots so that the team could determine whether one of the child actors would need to wear ear protection during practice and shooting scenes. The assistant director also asked if Gutierrez Reed was present when the child actor was using his gun and whether any misfires had occurred.

"Do you check the barrel?" Barrera asked.

"Yeah as Armorer, it's my job is to be present when all actors fire," Gutierrez Reed wrote in the Oct. 14 message. "Misfires haven't happened on any of my sets. I always check barrels, rip Brandon lee."

 

[Laughing]

Good find, @Cool Cats !

Also muddies the waters, and protects the 'armorer' imho.

So who called for rehearsal involving arms, but not the armorer? That Assistant Director vilified from the beginning?

We may never see the actual movie, but Rust is certainly popcorn-worthy.

jmho ymmv lrr

 

[GatorFL]

We may never see the actual movie, but Rust is certainly popcorn-worthy.

SBM
A lethal comedy of errors for sure.

 

[Laughing]

Highly respected firm with deep roots in New Mexico. I would not want to be in their crosshairs.

This firm does not advertise at bus stations. Not sure they need to advertise at all.

 

[Ruby12345]

This actually makes me feel bad for HGR. She was trying to focus on her role as armourer and they wouldn't let her, telling her she shouldn't prioritise it over the prop role. Of course she was right she should be prioritising lives and safety over props. They should have just hired someone else to be the prop assistant ffs. MOO

 

[Cryptic]

Haven't looked at statutes or reg's, but I wonder how a movie (or TV/entertainment) co. could comply w W-Comp law req'mts in NM, when on-location filming is done in a short period

Any fellow Sleuthers familiar w logistics of obtaining W-Comp insurance for this type of enterprise?

I meet the first requirement (Websleuther), but fail badly on the second requirement.

That aside, I think the very likely practice of sub contracting would need to be considered regarding Workmans Comp laws.

My guess is that the number of people truly employed by the movie company was very small- probably only a handful. The rest of the production crew, support staff etc. were employed by sub contractors. Likewise, the actors might be "independent contractors" as far as employment goes.

 

[Luna20]

This actually makes me feel bad for HGR. She was trying to focus on her role as armourer and they wouldn't let her, telling her she shouldn't prioritise it over the prop role. Of course she was right she should be prioritising lives and safety over props. They should have just hired someone else to be the prop assistant ffs. MOO

For sure, that’s common sense. The only reason for doing that would be to shave expenses. That’s really counting pennies and it ultimately led to death.

 

[Luna20]

This firm does not advertise at bus stations. Not sure they need to advertise at all.

Good! They deserve top notch.

 

[DI_Isokawa]

The New Mexico State Legislature is currently in session and State Senator Cliff Pirtle of Roswell has introduced a bill to require firearms training of actors handling weapons in the state. Chances of passage are very slim, but at least someone has considered how to prevent a recurrence rather than simply engage in the blame game.

Firearms training proposed for NM actors who handle guns

 

[PrairieWind]

The New Mexico State Legislature is currently in session and State Senator Cliff Pirtle of Roswell has introduced a bill to require firearms training of actors handling weapons in the state. Chances of passage are very slim, but at least someone has considered how to prevent a recurrence rather than simply engage in the blame game.

Firearms training proposed for NM actors who handle guns

Hmmm, not sure how I feel about this.

 

[Laughing]

The New Mexico State Legislature is currently in session and State Senator Cliff Pirtle of Roswell has introduced a bill to require firearms training of actors handling weapons in the state. Chances of passage are very slim, but at least someone has considered how to prevent a recurrence rather than simply engage in the blame game.

Firearms training proposed for NM actors who handle guns

Curriculum is available, for sure:

National 4-H Shooting Sports

2022 Daisy Nationals - Daisy

I think every state has Hunter Education:

Hunter Education - New Mexico Department of Game & Fish


Ohio's Concealed Carry training is accepted by many other states, another possible baseline:

Concealed Carry Reciprocity Agreements - Ohio Attorney General Dave Yost

 

[Betty P]

Hmmm, not sure how I feel about this.

If New Mexico has no laws regulating the presence of trained armorers and other staff on the set, it puts all the responsibility on the actors. Actors are actors, not armorers. That's why they hire experts for those jobs. It's called "division of labor".

division of labour

This guy might accomplish something good if he proposed regulations on movie companies to have fully qualified and experienced armorers on the set and to forbid the companies from assigning them other responsibilities.

 

[DI_Isokawa]

This guy might accomplish something good if he proposed regulations on movie companies to have fully qualified and experienced armorers on the set and to forbid the companies from assigning them other responsibilities.

Not very likely. New Mexico politics has historically been dominated by petroleum and mining interests and we all know how they feel about regulations.

 

[mickey2942]

This actually makes me feel bad for HGR. She was trying to focus on her role as armourer and they wouldn't let her, telling her she shouldn't prioritise it over the prop role. Of course she was right she should be prioritising lives and safety over props. They should have just hired someone else to be the prop assistant ffs. MOO

Really, it surprises me that she did not confide in her Dad about the lax protocol. He would have encouraged her to quit. Would have saved a lot in legal fees, if only she had walked out the day before. Like so many of the other crew members.

 

[al66pine]

From post by @Laughing: ...
I think every state has Hunter Education:
Hunter Education - New Mexico Department of Game & Fish

Ohio's Concealed Carry training is accepted by many other states, another possible baseline:
Concealed Carry Reciprocity Agreements - Ohio Attorney General Dave Yost
______________________________________
Hello @Laughing sbm bbm Good point about reciprocity among many states re Concealed Carry Licenses and Hunter Education. Good find on NM Hunter Education webpage.

Iiuc (and not saying I do) statutes re those two permits/licenses differ from "Hunter Training Act."
HTA in NM prohibits hunting by persons under age 18.
Chapter 17 - Game and Fish and Outdoor Recreation - NMOneSource.com

Taking the HTA course, passing the HTA test, and receiving a "certificate of competency in the safe handling of firearms" does not entitle the holder to carry concealed handgun in NM.
Concealed carry = a separate course and a separate NM license. 2005 Committee Substitute for HB0641JCS

State gun laws are complicated. And that's not just my2ct. That's a fact.