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

[steeltowngirl]

So, where did all these reports come from that it was Halls that handed AB the gun, and yelled ‘cold gun’?
It was in the affidavit.

Now we hear that HGR says Halls handed it, but Halls says HGR handed it.

What an absolute cluster.

https://www.cnn.com/2021/10/23/entertainment/alec-baldwin-rust-shooting-saturday/index.html

Alec Baldwin was told gun was "cold" before fatal movie set shooting, court records show

The film's script supervisor said she was standing next to Hutchins when she was shot.

www.cbsnews.com

 

[DI_Isokawa]

Hard for HGR to hand it, as a dozen or so people will testify she was not inside the building.

 

[steeltowngirl]

Hard for HGR to hand it, as a dozen or so people will testify she was not inside the building.

IKR, Right?
Yet here we have it. Is the article incorrect, or did Halls really say that it was HGR?

“A 2021 police report said Halls announced the weapon was a "cold gun" - an industry term meaning it did not contain rounds with an explosive charge - before handing it to Baldwin.

Halls testified to New Mexico's worker safety bureau in December that it was Gutierrez-Reed who said "cold gun" and gave the revolver to Baldwin. The armorer told the bureau she never used that term and it was Halls who passed the weapon to Baldwin.”

'Rust' set manager convicted in Alec Baldwin shooting case

Dave Halls, first assistant director on Western "Rust, was sentenced on Friday for the on-set shooting death of cinematographer Halyna Hutchins, marking the first conviction for the 2021 fatality which shook Hollywood.

www.reuters.com

 

[Laughing]

You should probably just go see your sisters now. I don't think there is going to be a trial.

Oh, I will, just this pesky job, ya'know.

Meanwhile, made myself a breakfast burrito.

 

[DI_Isokawa]

IKR, Right?
Yet here we have it. Is the article incorrect, or did Halls really say that it was HGR?

“A 2021 police report said Halls announced the weapon was a "cold gun" - an industry term meaning it did not contain rounds with an explosive charge - before handing it to Baldwin.

Halls testified to New Mexico's worker safety bureau in December that it was Gutierrez-Reed who said "cold gun" and gave the revolver to Baldwin. The armorer told the bureau she never used that term and it was Halls who passed the weapon to Baldwin.”

'Rust' set manager convicted in Alec Baldwin shooting case

Dave Halls, first assistant director on Western "Rust, was sentenced on Friday for the on-set shooting death of cinematographer Halyna Hutchins, marking the first conviction for the 2021 fatality which shook Hollywood.

www.reuters.com

I went back and searched the police reports for the word "cold." IMHO, the interrogations were so sloppily conducted and poorly documented as to be essentially useless. Over and over the respondents tell the officers what the procedure had been before the incident or should have been and the officer failed to follow up with "But what did you see and hear that day?"

It's my guess that the news reporter latched on the phrase "As the Assistant Director (Dave Halls) handed the gun to the Actor Alec Baldwin, (Dave Halls) yelled, “Cold Gun,” indicating the prop-gun did not have any live rounds" in that mass of material. The phrase is actually in an affidavit for a search warrant, not a transcript of an interview, and would probably be tossed as hearsay in court. Page 282 if you want to look it up.

It's all witness recollection backed up with nothing in way of physical evidence like recordings or photographs. There also appear to be chain of custody issues. IANAL, but I wouldn't want to have to prosecute a case based on that stack of documents.

 

[DI_Isokawa]

Latest from Deadline:

Alec Baldwin Wants Out Of Halyna Hutchins’ Parents, Sister Suit Over ‘Rust’ Cinematographer’s Death

Alec Baldwin won’t be showing up next month for the New Mexico mini-trial over the fatal shooting of Halyna Hutchins, and he doesn’t believe he should be a defendant in the lawsuit the parents and sister of slain Rust cinematographer have filed in Los Angeles. Acknowledging the horror of the...

deadline.com

 

[Betty P]

Latest from Deadline:

Alec Baldwin Wants Out Of Halyna Hutchins’ Parents, Sister Suit Over ‘Rust’ Cinematographer’s Death

Alec Baldwin won’t be showing up next month for the New Mexico mini-trial over the fatal shooting of Halyna Hutchins, and he doesn’t believe he should be a defendant in the lawsuit the parents and sister of slain Rust cinematographer have filed in Los Angeles. Acknowledging the horror of the...

deadline.com

From reading it looks like the argument is over whether California law applies that "loss of consortium" only applies to family members linked by marriage, like the spouse and children. Baldwin has already settled a lawsuit with Halyna's husband and children.

The subject lawsuit was filed against the production company, Rust Movie Productions. Rust's attorneys are filing a demurrer in response stating that the "loss of consortium" relationship doesn't exist between more distant relatives. Rust's attorneys are basically saying the plaintiffs charges don't show enough cause of action or are too vague to proceed with this lawsuit.

https://deadline.com/wp-content/uploads/2023/04/baldwin-rust-hutchins-parents-demurrer-april-13-2023.pdf

The New Mexico Supreme Court has determined that the
following factors are relevant in addressing the question of whether the claimant and the injured
party shared a “sufficiently close relationship” so as to satisfy the first element: “the duration of
the relationship, the degree of mutual dependence, the extent of common contributions to a life
together, the extent and quality of shared experience, and ... whether the plaintiff and the injured
person were members of the same household, their emotional reliance on each other, the
particulars of their day to day relationship, and the manner in which they related to each other in
attending to life's mundane requirements.” Id. (quoting Lozoya v. Sanchez, 66 P.3d 948, 957
(N.M. 2003) abrogated on other grounds by Heath v. La Mariana Apartments, 180 P.3d 664
(N.M. 2008)). In analyzing the closeness of any relationship in the context of a loss of consortium
claim, the New Mexico Supreme Court has concluded that “mutual dependence is the key
element.” Id. at 704.

 

[Lexiintoronto]

Local coverage of the Halls case:

Safety coordinator for 'Rust' movie sentenced to 6 months unsupervised probation

"Rust" movie safety coordinator David Halls was sentenced to 6 months supervised probation in the fatal shooting of the film's cinematographer while actor Alec Baldwin held the gun.

www.abqjournal.com

Best quote from Halls' lawyer: “And we deny that it’s the role of the safety coordinator that he is in charge of safety.”

I slapped my forehead when I read that he said that.

 

[BetteDavisEyes]

Alec Baldwin wants 'misguided' lawsuit filed by Halyna Hutchins' parents and sister dismissed

The actor said Hutchins' parents and sister were distanced from her "physically, financially, and emotionally for years before her death."

www.nbcnews.com

Alec Baldwin is asking a judge to dismiss a lawsuit filed by the parents and sister of "Rust" cinematographer Halyna Hutchins, saying that they were distant from Hutchins before her death and have "no viable cause of action."

The actor said in court documents filed Thursday that Olga Solovey, Anatolii Androsovych, and Svetlana Zemko filed the suit to "obtain compensation" from Hutchins' October 2021 death on a movie set just outside of Santa Fe, New Mexico.

"The loss of a daughter and sister is undoubtedly painful in any circumstance. Yet Plaintiffs—who had been distanced from Halyna physically, financially, and emotionally for years before her death—have no viable cause of action against Defendants," the documents state. "This action is especially misguided."...

 

[Betty P]

Alec Baldwin wants 'misguided' lawsuit filed by Halyna Hutchins' parents and sister dismissed

The actor said Hutchins' parents and sister were distanced from her "physically, financially, and emotionally for years before her death."

www.nbcnews.com

Alec Baldwin is asking a judge to dismiss a lawsuit filed by the parents and sister of "Rust" cinematographer Halyna Hutchins, saying that they were distant from Hutchins before her death and have "no viable cause of action."

The actor said in court documents filed Thursday that Olga Solovey, Anatolii Androsovych, and Svetlana Zemko filed the suit to "obtain compensation" from Hutchins' October 2021 death on a movie set just outside of Santa Fe, New Mexico.

"The loss of a daughter and sister is undoubtedly painful in any circumstance. Yet Plaintiffs—who had been distanced from Halyna physically, financially, and emotionally for years before her death—have no viable cause of action against Defendants," the documents state. "This action is especially misguided."...

According to the law in both states, their relationship doesn't meet the test for damages to be considered "loss of consortium". That means spouse, children, etc.

 

[PrairieWind]

According to the law in both states, their relationship doesn't meet the test for damages to be considered "loss of consortium". That means spouse, children, etc.

When this second wrongful death law suit was filed I was thinking it was odd. Wrongful death actions vary widely from state to state and I don't know how it works in California or N.M. but it was certainly odd to me.

 

[Blondie in Spokane]

I slapped my forehead when I read that he said that.

OMG I can’t believe he actually said that!

 

[PrairieWind]

I slapped my forehead when I read that he said that.

That is a stunning statement for sure.

 

[PrairieWind]

Local coverage of the Halls case:

Safety coordinator for 'Rust' movie sentenced to 6 months unsupervised probation

"Rust" movie safety coordinator David Halls was sentenced to 6 months supervised probation in the fatal shooting of the film's cinematographer while actor Alec Baldwin held the gun.

www.abqjournal.com

Best quote from Halls' lawyer: “And we deny that it’s the role of the safety coordinator that he is in charge of safety.”

I guess I am a bit perplexed. Halls has pleaded no contest. But the judge and prosecutor seem to be accepting it a a guilty plea. They are not the same. The judge has said he must accept responsibility. But legally he just accepts the sentence. He has not admitted guilt. The prosecutor goes on a long diatribe of what she says happened that HGR handed him the gun and he handed it to AB. But he hasn't admitted that.

 

[Betty P]

When this second wrongful death law suit was filed I was thinking it was odd. Wrongful death actions vary widely from state to state and I don't know how it works in California or N.M. but it was certainly odd to me.

I hope I quoted it correctly. You're the expert. IIRC, some of Halyna's relatives in the lawsuit don't even live in the US, e.g. her sisters. Recall, they said if she had lived and followed her career, she would have paid for them to come to the U.S. to live.

 

[Betty P]

I guess I am a bit perplexed. Halls has pleaded no contest. But the judge and prosecutor seem to be accepting it a a guilty plea. They are not the same. The judge has said he must accept responsibility. But legally he just accepts the sentence. He has not admitted guilt. The prosecutor goes on a long diatribe of what she says happened that HGR handed him the gun and he handed it to AB. But he hasn't admitted that.

It's a very light sentence.

JMO, the investigation seems incomplete. No idea of how live rounds got to the movie set. No clear idea of how the theatrical gun moved from the armourer to someone to the actor. Neither the AD or the armourer admitting that they checked the gun to make sure it was only loaded with blanks.

Yet the judge is ruling anyway, handing out a light sentence, almost none at all. Crazy. Remind me to stay out of New Mexico.

 

[PrairieWind]

It's a very light sentence.

JMO, the investigation seems incomplete. No idea of how live rounds got to the movie set. No clear idea of how the theatrical gun moved from the armourer to someone to the actor. Neither the AD or the armourer admitting that they checked the gun to make sure it was only loaded with blanks.

Yet the judge is ruling anyway, handing out a light sentence, almost none at all. Crazy. Remind me to stay out of New Mexico.

There are still a lot of questions for sure. The Judge can't tell the prosecutor how to do her job. So if they have reached an agreement, and the defendant pleads no contest or guilty, and the elements of the crime are met, the Judge will accept it. The Court does not have to accept the sentence recommendation however, but apparently will. It could be that folks just want to start getting this matter wrapped up. We will see what happens with the cases against AB and HGR. I would suspect there are some serious negotiations going on at this point.

 

[ch_13]

Has their ever been any comment as to why the director wasn't charged? I know he was actually shot along with Halyna Hutchins, but I've always heard that the director is responsible for everything that happens on a film set.

In this case, before the shooting there were a lot of warning signs: reports of safety briefings missed, firearms misfiring and left unattended, crew members walking off set because of safety concerns, etc. Isn't it the director's responsibility to take corrective action? I would think the failure to do so would be actionable in some way.

As for the AD, it does seem like he received a slap on the wrist. He may not have loaded the gun or fired it, but he apparently handed it to Baldwin without adequately checking the firearm. He was derelict in his duties and he reportedly has a history of being cavalier about safety matters. Did the prosecutors give him a deal so he could testify against Baldwin and Reed? If Hall is going to claim on the stand that he wasn't responsible for safety despite being the Safety Coordinator, I think the defense attorneys will have a field day with him.

 

[10ofRods]

When this second wrongful death law suit was filed I was thinking it was odd. Wrongful death actions vary widely from state to state and I don't know how it works in California or N.M. but it was certainly odd to me.

It's odd, but perhaps the family finds satisfaction in bringing Alec Baldwin to court and causing him some irritation and lawyers' fees. I know a lot of people who would feel that way, but few CA lawyers who would be willing to take on such a case. But this one is high profile, so...



JMO.

 

[10ofRods]

Has their ever been any comment as to why the director wasn't charged? I know he was actually shot along with Halyna Hutchins, but I've always heard that the director is responsible for everything that happens on a film set.

In this case, before the shooting there were a lot of warning signs: reports of safety briefings missed, firearms misfiring and left unattended, crew members walking off set because of safety concerns, etc. Isn't it the director's responsibility to take corrective action? I would think the failure to do so would be actionable in some way.

As for the AD, it does seem like he received a slap on the wrist. He may not have loaded the gun or fired it, but he apparently handed it to Baldwin without adequately checking the firearm. He was derelict in his duties and he reportedly has a history of being cavalier about safety matters. Did the prosecutors give him a deal so he could testify against Baldwin and Reed? If Hall is going to claim on the stand that he wasn't responsible for safety despite being the Safety Coordinator, I think the defense attorneys will have a field day with him.

I have never studied entertainment law, but I did do a professional certificate in film. That's exactly what the university professors taught us. Director is in charge.

I believe that AB was actually in charge, and that the entire production revolved around him and his whims and his desire for speed in production. I also believe it will be shown at court that he put together the financing, using a method he thought would protect himself and investors from any liability. I think the LLC "veil" will be easy to pierce, but I don't think it will be easy to hold AB solely responsible (there were other investors and organizers).

But as a workplace issue, I was taught that the director was in charge in the same way that a teacher is in charge of a classroom.

IMO.