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    Alec Baldwin Will Be Charged With Involuntary Manslaughter in ‘Rust’ Killing

    A gun that Mr. Baldwin was rehearsing with went off, killing the film’s cinematographer. The armorer responsible for weapons on set also faces manslaughter charges.Silent footage shows Alec Baldwin practicing a scene with a revolver on the “Rust” movie set before shooting and killing the film’s cinematographer, Halyna Hutchins.For more than a year, the actor Alec Baldwin has tried to defend himself against the suggestion that he bore responsibility for the fatal shooting of a cinematographer on the set of “Rust,” a low-budget western he was filming on the outskirts of Santa Fe, N.M.He told detectives he had been assured the gun he was rehearsing with that day did not contain live ammunition, sat down for an extensive television interview, sought indemnification from financial liability in the case and then sued crew members on the film, claiming that they were responsible for handing him a loaded gun.But on Thursday prosecutors said they would charge him with two counts of involuntary manslaughter in the killing of the cinematographer, Halyna Hutchins, 42, saying they believed he had a duty to ensure the revolver was safe to handle.“We’re trying to definitely make it clear that everybody’s equal under the law, including A-list actors like Alec Baldwin,” Andrea Reeb, a special prosecutor appointed by Santa Fe County’s district attorney to help handle the case, said in an interview. “And we also want to make sure that the safety of the film industry is addressed and things like this don’t happen again.”The film’s armorer, Hannah Gutierrez-Reed, who loaded the gun that day and was responsible for weapons on the set, will also be charged with two counts of involuntary manslaughter. The film’s first assistant director, Dave Halls, who handed Mr. Baldwin the gun, agreed to a plea deal on a charge of negligent use of a deadly weapon.During an interview with detectives, Alec Baldwin said that the gun “should’ve been a cold gun with no rounds inside.”The criminal charges Mr. Baldwin faces came as a surprise to many in the film industry and were strongly disputed by his legal team. A lawyer for Mr. Baldwin, Luke Nikas, said the prosecutors’ decision “distorts Halyna Hutchins’s 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,” Mr. Nikas said in a statement on Thursday. “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.”SAG-AFTRA, the union representing film, television and radio workers, said in a statement that the death of Ms. Hutchins was a “preventable” tragedy but that it was “not a failure of duty or a criminal act on the part of any performer.”“The prosecutor’s contention that an actor has a duty to ensure the functional and mechanical operation of a firearm on a production set is wrong and uninformed,” the union said. “An actor’s job is not to be a firearms or weapons expert.”Mr. Baldwin, 64, has been a household name for decades as a Hollywood leading man, a TV star who played Jack Donaghy in “30 Rock” and former President Donald J. Trump on “Saturday Night Live,” a co-host of the Oscars and the voice of the New York Philharmonic’s radio broadcasts.He has long drawn scrutiny for his offscreen behavior, which has included run-ins with paparazzi, an arrest for riding his bicycle the wrong way on Fifth Avenue, a 2018 arrest over a parking space dispute and feuds waged on social media.But he has never faced a crisis like the one he faces now.Ever since the shooting Mr. Baldwin had sought to strike a delicate balance: publicly maintaining his innocence in an effort to preserve his reputation and career while trying to stay out of legal jeopardy.He appeared on national television, where he said he had been told that the gun did not have live rounds in it, and added that he was only following directions when he pointed it at the cinematographer. “Someone is ​responsible for what happened, and I can’t say who that is, but I know it’s not me,” he said in the interview.Privately, a police report said, he had lamented to a detective that fall that “if your name becomes associated with something, nobody wants to work with you anymore — nobody.”After news of the charges spread, about two dozen reporters and photographers camped out on the sidewalk outside his Manhattan apartment, to the consternation of neighbors.If a jury found Mr. Baldwin or Ms. Gutierrez-Reed guilty, it would choose between the two manslaughter charges. The more serious one includes a firearm enhancement and a mandatory five-year sentence; the other charge carries a sentence of up to 18 months.A detective questioned Hannah Gutierrez-Reed, the armorer on “Rust,” about the ammunition inside the gun that killed the movie’s cinematographer.The criminal charges against Mr. Baldwin are sure to reopen questions about safety on film sets, and who bears responsibility. The district attorney for Santa Fe County, Mary Carmack-Altwies, said in an interview that Mr. Baldwin had a duty to ensure the gun and the ammunition were properly checked and that he should never have pointed it at anyone. “You should not point a gun at someone that you’re not willing to shoot,” she said. “That goes to basic safety standards.”Ms. Gutierrez-Reed, the armorer who was responsible for the weapons on set and loaded the gun that day, told investigators she had checked the gun and all six cartridges she loaded, but she also remarked, “I wish I would’ve checked it more.”One of her lawyers, Jason Bowles, said his client was not responsible for involuntary manslaughter, calling the investigation into the case “flawed.”The shooting on Oct. 21, 2021, which also wounded the film’s director, Joel Souza, took place in a small set meant to look like a church. The film’s first assistant director, Mr. Halls, 63, took the revolver from a gray, two-tiered tray set up outside the church by Ms. Gutierrez-Reed, 25, and handed it to Mr. Baldwin, calling out “cold gun” to indicate it did not contain live ammunition, according to court papers.A lawyer for Mr. Halls, Lisa Torraco, said in a statement that the plea deal allowed him to “put this matter behind him and allow the focus of this tragedy to be on the shooting victims, their family and changing the industry so this type of accident will never happen again.”The prosecutors said they had determined it was part of film industry standards for actors to ensure that the guns they used on set were safe for them to handle, saying they had interviewed several actors who spoke to the importance of those protocols. Mr. Baldwin has pushed back on that idea in the past, saying that in his experience on film sets it was not the practice for actors to check their own guns.Ms. Reeb, the special prosecutor, who is also a Republican member of the New Mexico Legislature, said Ms. Gutierrez-Reed was also responsible for ensuring that the guns on the set did not contain live rounds, saying in an interview that she should have taken each round out of the gun and shaken them in front of the actor — a practice that helps confirm the rounds are dummies, inert cartridges used to resemble real ammunition in a film.Body camera video shows a lieutenant searching for the gun that discharged and fatally wounded a cinematographer on the “Rust” movie set.In the aftermath of the shooting, the authorities found five additional live rounds on the set, including on top of the cart where props were kept and in a belt that Mr. Baldwin was wearing as a costume piece. The investigation by the Santa Fe County Sheriff’s Office did not answer a key question — how live ammunition ended up on a movie set — and Ms. Reeb said that aspect of the case was still unclear. “We may never answer that question,” she said.The tragedy has resulted in several lawsuits, including from crew members who have accused the production of not properly adhering to safety protocols.During interviews with the sheriff’s office, some crew members described a lack of consistent meetings devoted to on-set safety. The night before the shooting, most of the camera crew had quit over complaints about overnight lodging and other concerns; in an email to other people on set informing them he was leaving, Lane Luper, the head of the camera department, wrote that the filming of gunfight scenes was played “very fast and loose,” citing two accidental weapons discharges.A lawyer for Ms. Gutierrez-Reed, who trained on film sets with her father, a veteran Hollywood armorer named Thell Reed, had previously said she filled two roles on the “Rust” set — as armorer and props assistant — which made it difficult for her to focus fully on her job as armorer.Mr. Baldwin has maintained that he is not responsible for the shooting, saying that Ms. Hutchins had been directing him where to point the gun and that he did not pull the trigger before the gun discharged. He told investigators he had pulled the hammer back and let it go in an action that might have set it off.“I know 1,000 percent I’m not responsible for what happened to her,” Mr. Baldwin told an investigator, Detective Alexandria Hancock, in a phone call following the shooting.Ms. Carmack-Altwies, a Democrat who was elected in 2020, said an F.B.I. analysis of the gun showed “conclusively” that the trigger had been pulled.A crime scene technician took photos of Alec Baldwin on the “Rust” movie set shortly after the fatal shooting of the film’s cinematographer, Halyna Hutchins.The prosecutors said the people they intended to charge this month would not be arrested but would be expected to appear for a virtual court appearance. A judge in New Mexico will then oversee a preliminary hearing on the charges and determine whether there is probable cause to move forward.Ms. Gutierrez-Reed has also accused Seth Kenney, the primary supplier of guns and ammunition for the film, of being responsible for the shooting, alleging in a lawsuit against him and his company that the supply he sent to the set had mixed live ammunition in with dummy rounds.Mr. Kenney has said he checked all of the rounds he provided to the production to ensure they were not live, saying in a statement that handling the guns and ammunition on set was Ms. Gutierrez-Reed’s responsibility.Last year, Matthew Hutchins, the widower of Ms. Hutchins, agreed to settle his wrongful death lawsuit against the “Rust” production. Under the agreement, Mr. Hutchins would become an executive producer of “Rust,” which had been set to resume filming this month. It was not immediately clear how the planned charges would affect those plans.A lawyer for Mr. Hutchins, Brian J. Panish, said in a statement that he agreed with the decision to bring criminal charges.“It is a comfort to the family that, in New Mexico, no one is above the law,” Mr. Panish said. “We support the charges, will fully cooperate with this prosecution and fervently hope the justice system works to protect the public and hold accountable those who break the law.”Brooks Barnes More

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    Prosecutors to Announce Whether They Plan Charges in ‘Rust’ Case

    More than a year after the fatal shooting, Santa Fe County prosecutors said they would announce on Thursday whether anyone would be charged in the case.Prosecutors in New Mexico are set to announce on Thursday whether they will file criminal charges in the fatal shooting of a cinematographer on the set of “Rust,” after more than a year of investigation and delays.The district attorney’s office that serves Santa Fe County said on Wednesday that the district attorney, Mary Carmack-Altwies, and the special prosecutor appointed to investigate the case, Andrea Reeb, would announce the decision in a written statement. The office has spent more than two months weighing a charging decision after the county sheriff’s office delivered its final investigatory report.While requesting additional funding from state officials last year, the office said that up to four people — including the actor Alec Baldwin, who was holding the gun when it went off — could be charged in the shooting. The district attorney’s office said in its request that any decision to bring charges would result in high-profile and costly trials.While Ms. Carmack-Altwies made it clear in the funding request that her office had not decided whether to bring charges — “If charges are warranted,” she began one sentence — it also went into greater detail than she had in the past. “One of the possible defendants is well-known movie actor Alec Baldwin,” said one of the attached documents.The state approved more than $300,000 for the hiring of additional employees, with the possibility of more funds later on.On Oct. 21, 2021, Mr. Baldwin was positioning an old-fashioned revolver for a close-up on the set of the western when the gun discharged, killing the cinematographer, Halyna Hutchins, and wounding the film’s director, Joel Souza. Mr. Baldwin has denied wrongdoing, asserting that he did not pull the trigger and that Ms. Hutchins was directing him where to point the gun.Central to the investigation by the Santa Fe County Sheriff’s Office were Hannah Gutierrez-Reed, the crew member in charge of the guns on the set; Dave Halls, the movie’s first assistant director, who said he inspected the gun that day before handing it to Mr. Baldwin; Seth Kenney, the movie’s primary supplier of guns and ammunition; and Sarah Zachry, the movie’s props master, who worked closely with Ms. Gutierrez-Reed. All four individuals have denied wrongdoing in interviews with investigators or through their lawyers.After the shooting, investigators found five live rounds on the set, in addition to the bullet that had been fired from the gun. The final report by the sheriff’s office did not offer any theories about how that ammunition ended up on the set. More

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    Sheriff Delivers Results of ‘Rust’ Shooting Investigation to Prosecutors

    The Santa Fe County District Attorney’s Office must now decide whether to file charges. The sheriff’s office sought to determine how a live round got into the gun Alec Baldwin was holding.The Santa Fe County Sheriff’s Office on Thursday delivered to local prosecutors its investigative report into the shooting on the set of “Rust” that killed the film’s cinematographer and wounded its director, bringing the district attorney’s office closer to a decision about whether to file criminal charges.The submission of the report, which the sheriff’s office declined to immediately release, came more than a year after the office began investigating how live bullets ended up on the set in New Mexico. The film’s cinematographer, Halyna Hutchins, 42, was fatally shot when a gun the actor Alec Baldwin was rehearsing with went off.On Thursday morning, the sheriff’s investigative team met with the district attorney, Mary Carmack-Altwies, and the special prosecutor appointed to help with the case, Andrea Reeb, said Heather Brewer, a spokeswoman for the Santa Fe County District Attorney’s Office.“The district attorney and her team of investigators and prosecutors will now begin a thorough review of the information and evidence to make a thoughtful, timely decision about whether to bring charges,” Ms. Brewer said in a statement.A spokesman for the sheriff’s office, Juan Rios, said the report would not be publicly released before Nov. 10. Ms. Brewer said the sheriff’s office needed to redact the document before sharing it with the public.In an August request asking state officials for more money, Ms. Carmack-Altwies wrote that she did not have sufficient funds to prosecute such a high-profile case, and that up to four people could be charged.County investigators have interviewed dozens of people about the shooting, including Hannah Gutierrez-Reed, the armorer who was in charge of guns and ammunition on the film set; Dave Halls, the movie’s first assistant director, who took the gun from Ms. Gutierrez-Reed and later handed it to Mr. Baldwin; and Seth Kenney, who has been described as the primary supplier of guns and ammunition for “Rust.”Ms. Gutierrez-Reed, Mr. Halls, Mr. Kenney and Mr. Baldwin, an actor and producer of the movie, have all denied culpability. Several lawsuits have been filed, alleging, among other things, a failure to properly follow safety protocols; Ms. Hutchins’s family recently reached a settlement with Mr. Baldwin and other “Rust” producers.Ms. Hutchins was fatally shot during the filming of the western on Oct. 21, 2021, while Mr. Baldwin was practicing drawing an old-fashioned revolver for a scene inside a spare wooden church. He had been told it contained no live rounds, but it suddenly fired, killing Ms. Hutchins and wounding Joel Souza, the film’s director.In a television interview last year, Mr. Baldwin said that he was told the gun was safe to handle and that Ms. Hutchins was instructing him where he should point it. The actor said he did not pull the trigger, but rather that he pulled back the hammer of the gun and let it go just before it discharged.State regulators at the New Mexico Occupational Health and Safety Bureau found a serious breach of industry standards, which require that live ammunition should never be brought on set. The production, which plans to resume filming in January, is contesting the fine issued by regulators.If the district attorney decides to bring charges, a judge in New Mexico would consider whether there is probable cause for the charges to move forward. More

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    ‘Rust’ Production Appeals Fine for Cinematographer’s Death

    The company, which was fined the maximum penalty allowed under state law, maintained that it did not violate safety protocols.The production company behind the movie “Rust” on Monday contested a fine issued by New Mexico state regulators, who cited the production for “plain indifference to the recognized hazards associated with the use of firearms on set” that resulted in the shooting death of the film’s cinematographer, Halyna Hutchins.The company, Rust Movie Productions, LLC, said in a filing Monday that it “did not ‘willfully’ violate any safety protocol, and in fact enforced all applicable safety protocols.” The producers also denied that the film’s armorer, who was in charge of weapons, had been overburdened with other duties, as her lawyers have claimed.Last month, the state fined the production company the maximum penalty allowed — $136,793 — asserting that the company had demonstrated indifference to firearm safety hazards. In a report, the Occupational Health & Safety Bureau of the New Mexico Environment Department said the production had not properly responded when there were two improper weapons discharges on set involving blank rounds, and that the production did not properly hold safety meetings or distribute safety bulletins.In a filing to the agency, lawyers for the production company wrote that the discharges had been “properly addressed,” including with safety briefings for the cast and crew, and said that none of the discharges involved violations of firearm safety protocols. Assistant directors for “Rust” were told to hold safety meetings on the days in which firearms would be used, the filing said.“In fact, a safety meeting was held the morning of the incident,” it said.On Oct. 21, the actor Alec Baldwin was practicing with an old-fashioned revolver he had been told did not contain live ammunition when the gun discharged a bullet that killed Ms. Hutchins and injured Joel Souza, the movie’s director. Mr. Baldwin has sought protection from financial responsibility in the legal disputes arising from the incident.In its report, the New Mexico agency also faulted the production for “failing to ensure that the handling of deadly weapons was afforded the time and effort needed to keep the cast and crew safe,” citing claims from the movie’s armorer, Hannah Gutierrez-Reed, that her extra duties as a props assistant sometimes took her away from her job overseeing the firearms on set. The agency also said the production did not give its staff enough time to inspect ammunition to make sure that no live rounds were present.The production company denied that Ms. Gutierrez-Reed was overburdened, writing that her armorer duties “always took precedence” over her prop duties and that she was given sufficient time to inspect the ammunition, according to their filing. More

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    Criminal Charges Still Possible in ‘Rust’ Shooting, Sheriff Says

    Newly released evidence shows the leads investigators pursued as they try to learn how a live round got into Alec Baldwin’s gun, which fired, killing the film’s cinematographer.Six months after Alec Baldwin fatally shot a cinematographer on the set of the film “Rust” while practicing with a gun that had been improperly loaded with live ammunition, Santa Fe County Sheriff Adan Mendoza said Tuesday that “I don’t think anybody is off the hook when it comes to criminal charges.”Live ammunition is not supposed to be used on film sets. In an interview on NBC’s “Today” show, Sheriff Mendoza said that no one had admitted to bringing live rounds onto the set of “Rust,” but indicated that he was concerned by evidence suggesting that a member of its crew had expressed interest in using live ammunition while working on a previous film.“There was information from text messages that was concerning, based on the fact that live ammo was spoke about and was possibly used on a prior movie set,” Sheriff Mendoza said in the interview, “and that was just a few months before the ‘Rust’ movie set and production began.”He appeared to be referring to text messages from the “Rust” armorer, Hannah Gutierrez-Reed, who was responsible for gun safety on the set, in which she indicated that she had expressed interest in shooting “actual ammunition” last summer when she was working on a Nicolas Cage Western called “The Old Way,” which was filmed in Montana.Ms. Gutierrez-Reed texted Seth Kenney, who provides weapons and ammunition for film productions, in August and asked him whether she could “shoot hot rounds,” according to a summary of the text exchange released this week by investigators.Mr. Kenney texted her back, asking what she meant by “hot round.”“Like a pretty big load of actual ammunition,” Ms. Gutierrez-Reed replied.Mr. Kenney told her to never shoot live ammunition out of guns being used on a film set, texting, “It’s a serious mistake, always ends in tears.”“Good to know,” Ms. Gutierrez-Reed replied, according to the case report. “I’m still gonna shoot mine tho.”The summary of the text exchange was included in a tranche of evidence and investigative reports that was released Monday by the Santa Fe County Sheriff’s Office. The documents indicated some of the threads that detectives have been following as they try to determine how live ammunition got into the gun Mr. Baldwin was practicing with on Oct. 21 when it discharged, killing the cinematographer, Halyna Hutchins.The Santa Fe County Sheriff’s Office released silent footage of Alec Baldwin practicing a scene with a revolver on the set of the Western before accidentally shooting and killing the film’s cinematographer, Halyna Hutchins.The newly released evidence paints a picture of a sometimes chaotic film set, where some crew members had expressed concerns about gun safety and, after Ms. Hutchins’s death, some crew members disparaged others in texts and to investigators.The sheriff’s office said on Monday that it is waiting on several key pieces of evidence that it needs to complete its investigation.Jason Bowles, a lawyer for Ms. Gutierrez-Reed, said in an email that his client’s text messages indicated that she had been asking Mr. Kenney, then a mentor, when she could fire rounds “through a historical weapon to see how it functioned.” He said that she never intended to fire it during production or while on the set.“Hannah has never brought live rounds to any movie set nor has she ever fired them on set,” Mr. Bowles said in the email.Ms. Gutierrez-Reed was 24 and had been working as an armorer for less than a year when she took the “Rust” job, her second as an armorer. The daughter of a well-known Hollywood armorer named Thell Reed, she told detectives that she had been “handling guns her whole life.”Ms. Gutierrez-Reed’s discussion of live ammunition on the Montana film set is not the only thread investigators have been following.Around the same time that Ms. Gutierrez-Reed was on the set of “The Old Way,” her father and Mr. Kenney were in Texas training actors in the Paramount+ Western series “1883,” according to notes from a detective’s interview with Mr. Reed from November. Part of Mr. Reed’s job was training actors with live ammunition in an area away from the set, and he told a detective that the rest of his ammunition ended up being left with Mr. Kenney.One of the questions investigators have focused on is where the ammunition used on “Rust” came from. Mr. Kenney supplied “Rust” with ammunition and about 30 guns, and Ms. Gutierrez-Reed sued Mr. Kenney and his company earlier this year, alleging that the company had in fact supplied the movie with a mixture of dummy rounds and live ammunition.Understand What Happened on the Set of ‘Rust’Card 1 of 6A fatal shooting. More

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    ‘Rust’ Investigators Release Crime Scene Photos, Await Key Evidence

    The criminal investigation of Alec Baldwin’s fatal shooting of a cinematographer on a film set cannot be completed without key ballistics and other evidence, the Santa Fe County sheriff said.The Santa Fe County Sheriff’s Office released silent footage of Alec Baldwin practicing a scene with a revolver on the set of the Western before accidentally shooting and killing the film’s cinematographer, Halyna Hutchins.Six months after Alec Baldwin fatally shot a cinematographer on the set of the movie “Rust,” raising questions about who was culpable and how live ammunition got onto the set, the Santa Fe County sheriff’s office said Monday it still lacked key pieces of evidence, including ballistics analysis, that it said it needed to complete its criminal investigation.The sheriff’s office discussed the wait for evidence as it took the step of releasing a trove of files relating to the “Rust” investigation, including witness interviews; lapel and dash camera footage; crime scene photos; text messages between members of the crew in the days before and after the shooting; and videos of Mr. Baldwin practicing with the gun in the church where the deadly shooting occurred.The office has been investigating the death of the cinematographer, Halyna Hutchins, 42, who was shot and killed in New Mexico on Oct. 21 during the rehearsal for a scene that required Mr. Baldwin to draw a replica old-fashioned revolver from a shoulder holster that he had been told contained no live ammunition.The gun went off, discharging a bullet that killed Ms. Hutchins and injured Joel Souza, the film’s director. Since then, the sheriff’s office in Santa Fe has been gathering evidence and investigating the circumstances surrounding the shooting.The files released Monday included new details about the case, including a report of a phone call that one investigator, Detective Alexandria Hancock, had on Nov. 3 with Mr. Baldwin. Mr. Baldwin said that he had pulled the hammer of the gun about three-quarters of the way back and then let the hammer go, at which point the gun discharged, the report said. Mr. Baldwin told Detective Hancock that his finger had been on the trigger but that he did not pull the trigger, it said. Detective Hancock wrote that she tried to explain to him that if his “finger was on the trigger, and if he was pulling the hammer back with his thumb, his index finger may have still had enough pressure on the trigger for him to depress it.” She added that “Alec advised he never tries to pull the trigger on a gun unless they are rolling the camera.”But as it released the new materials, the sheriff’s office said it still lacked important building blocks of its investigation to be able to pass the case to the Santa Fe County district attorney for review.The Santa Fe County sheriff’s office released photos from its investigation of the fatal shooting of the cinematographer Halyna Hutchins on the set of the film “Rust.” Santa Fe County Sheriff’s OfficeSheriff Adan Mendoza said in a statement that “various components of the investigation remain outstanding,” including firearm and ballistic forensics from the Federal Bureau of Investigation, DNA and latent fingerprint analysis, a report from the New Mexico Medical Examiner’s office and the analysis of Mr. Baldwin’s phone data, which was extracted by investigators in Suffolk County, N.Y.“Once these investigative components are provided to the sheriff’s office, we will be able to complete the investigation to forward it to the Santa Fe district attorney for review,” Sheriff Mendoza said in a statement issued by his office.Mary Carmack-Altwies, the Santa Fe County district attorney, said in a statement on Monday that although investigators have sent over a portion of their inquiry to her office, detectives cannot send over a completed investigation until they receive certain reports.“Once we receive the completed investigation and conduct a thorough and deliberate review of all evidence, a criminal charging decision will be made,” Ms. Carmack-Altwies said in the statement.The University of New Mexico, where Ms. Hutchins’s autopsy is being performed, is not yet finished with its report, said a spokesman, Mark Rudi. The shooting took place on the set of a church.via Santa Fe County Sheriff’s OfficeA spokesman for the sheriff’s office, Juan Rios, said that the investigation was not taking longer than normal for what was “a complicated and convoluted case.”He said the office had decided to release the files in bulk because of multiple requests from the media, and from attorneys involved with the case, and because the office wanted to show what was still outstanding. “This is an update,” he said. “We wanted to identify what remains.”The F.B.I.’s national press office declined to comment regarding the time it was taking to complete its firearm and ballistic investigation, and directed inquiries to local law enforcement officials. Mr. Rios said that investigators in Suffolk County had yet to provide the New Mexico investigators with information from Mr. Baldwin’s phone.Understand What Happened on the Set of ‘Rust’Card 1 of 6A fatal shooting. More

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    Alec Baldwin Seeks to Avoid Liability in Fatal ‘Rust’ Shooting

    In an arbitration demand against his fellow producers on the film, he denied culpability in the killing of a cinematographer and said he should not be held financially responsible.Alec Baldwin gave his most detailed account yet of fatally shooting a cinematographer on the set of the film “Rust” last year in an arbitration demand that his lawyers filed Friday against his fellow producers, claiming that his contract protected him from financial responsibility in her death and seeking coverage of his legal fees.Mr. Baldwin has been named in several lawsuits seeking damages since he shot and killed the cinematographer, Halyna Hutchins, on Oct. 21 in New Mexico while practicing for a scene that required him to draw a gun. The filing said that he was not responsible for her death, since he had been assured that the gun did not contain any live ammunition and because he was not responsible for checking the ammunition or for firearm safety on the set.The filing provided new details of Mr. Baldwin’s role as a producer of “Rust,” a production some former crew members claimed in lawsuits had sacrificed safety by cutting costs. While Mr. Baldwin was involved in creative matters, the filing said, others had authority over hiring and budgets. Mr. Baldwin was to be paid $250,000 to star in the movie and act as a producer, it said, but he gave back $100,000 as an “investment” in the film.And the filing contained text messages that Mr. Baldwin had exchanged with Matthew Hutchins, the widower of the slain cinematographer, which showed how their relationship had deteriorated over time — from mutual expressions of condolence and support in the immediate aftermath of the shooting to the pointed wrongful-death lawsuit Mr. Hutchins filed against Mr. Baldwin this year. Brian Panish, a lawyer for Mr. Hutchins, said in a statement that Mr. Baldwin was trying to avoid accountability for his “reckless actions.” The filing provided a vivid account of the fatal shooting on the New Mexico film set, which took place after lunch as Mr. Baldwin rehearsed a scene inside a church in which his character, Harland Rust, is cornered and draws his gun.“Rust’s Colt COCKED quietly now …” the filing quotes the direction in the script, as his pursuers approach. Then, shortly after that: “Colts EXPLODING.”Ms. Hutchins told Mr. Baldwin how to position the gun, the filing said.“She directed Baldwin to hold the gun higher, to a point where it was directed toward her,” it said. “She was looking carefully at the monitor and then at Baldwin, and then back again, as she gave these instructions. In giving and following these instructions, Hutchins and Baldwin shared a core, vital belief: that the gun was ‘cold’ and contained no live rounds.”Mr. Baldwin then asked Ms. Hutchins if she wanted him to pull back the hammer, as the script instructed, and she said yes, the filing said.“Baldwin then pulled back the hammer, but not far enough to actually cock the gun,” it said. “When Baldwin let go of the hammer, the gun went off.”It went on to describe the confusion and horror after the shooting, as Ms. Hutchins was flown by helicopter to a hospital, where she was later pronounced dead. It was later, at the end of his interview with the Santa Fe County Sheriff’s Office, that Mr. Baldwin was shown a photograph of the projectile that had passed through Ms. Hutchins and then wounded the film’s director, Joel Souza, the filing said.What Happened on the Set of ‘Rust’What We Know: A gun that was being used as a prop by the actor Alec Baldwin on the set of the movie “Rust” went off, killing the film’s director of photography and wounding the director.Remembering the Victim: Halyna Hutchins was the movie’s director of cinematography.Baldwin’s Account: Mr. Baldwin spoke of the incident in an emotional ABC News interview, insisting he was not to blame in the fatal shooting.The Family Sues: Ms. Hutchins’s family has filed a wrongful-death lawsuit in New Mexico against crew members and producers.Denying Culpability: Mr. Baldwin, who has been named in the suit, has claimed that his contract protects him from financial responsibility in the death.“Baldwin recognized the object as a live bullet, and he finally began to comprehend what had transpired on the set of ‘Rust’ that day,” it said. “He was shocked.”In the filing, Baldwin’s lawyer, Luke Nikas, says a clause Mr. Baldwin and his company had signed in his contract with Rust Movie Productions L.L.C. means he bears no financial responsibility for legal fees or claims arising out of the death. The filing, with the JAMS private arbitration service, seeks to enforce the clause. The document names Rust Movie Productions L.L.C. and Ryan Smith, one of the other producers, as the respondents in the claim.“Someone is culpable for chambering the live round that led to this horrific tragedy, and it is someone other than Baldwin,” Mr. Nikas wrote in the claim, portraying Mr. Baldwin as a victim who trusted others to do their jobs and is haunted by Ms. Hutchins’s death. “This is a rare instance when the system broke down, and someone should be held legally culpable for the tragic consequences. That person is not Alec Baldwin.”Representatives of Rust Movie Productions L.L.C. and a lawyer for Mr. Smith did not immediately respond to a request for comment.Mr. Nikas described in the claim how, in the weeks after the fatal shooting, Mr. Baldwin had sought to persuade the cast and crew of “Rust” to finish the film to honor Ms. Hutchins, outlining a plan in which an insurance payout and the film’s profits would go to a settlement for Mr. Hutchins and the couple’s 9-year-old son.Shortly after the shooting, the filing said, Mr. Baldwin had breakfast in Santa Fe with Mr. Hutchins and his son. At the meeting, the filing said, “Hutchins hugged Baldwin and told him, ‘I guess we’re going to go through this together.’” Mr. Baldwin denied responsibility for the shooting in an ABC News interview in December with George Stephanopoulos. Matthew Hutchins, the widower of the slain cinematographer, would later say that the interview had made him “angry.”Jeff Neira/ABC via Getty ImagesBut their relationship, which continued through a series of texts and calls, broke down in the aftermath of a television interview Mr. Baldwin gave in December in which he denied responsibility for Ms. Hutchins’s death; Mr. Hutchins later filed a lawsuit against Mr. Baldwin and followed it by giving his own television interview, on NBC’s “Today” show in February, in which he described being angered by Mr. Baldwin’s deflection of blame. Although a number of crew members have described the set as unsafe, and several quit shortly before the fatal shooting, the filing said that Mr. Baldwin had not heard about or observed any safety problems on the set. In the filing, Mr. Baldwin sought to rebut several claims that Mr. Hutchins and some “Rust” crew members had made in lawsuits and in comments to the news media.Two lawsuits filed by crew members have claimed that Mr. Baldwin should have checked that the gun was safe to handle, even after he had received an assurance from the film’s first assistant director that it was.But the new filing said that during firearm training for the film, the movie’s armorer, Hannah Gutierrez-Reed, had told Mr. Baldwin that “it was her job to check the gun — not his.” That instruction was similar to what he had been told before, it said. (Asked for comment, a lawyer for Ms. Gutierrez-Reed said he was reviewing the filing.)“An actor cannot rule that a gun is safe,” the filing said. “That is the responsibility of other people on the set.”And while a lawsuit filed by Serge Svetnoy, the film’s gaffer, claimed that the movie’s producers had “declined requests for weapons training days,” and Ms. Gutierrez-Reed said that Mr. Baldwin had failed to attend “cross draw” training, Mr. Baldwin’s filing says that he had inquired about lessons about a month before he showed up on set and that he had training once he had arrived.The demand also claims that Mamie Mitchell, the script supervisor, had told Mr. Baldwin shortly after the fatal shooting, “You realize you’re not responsible for any of what happened in there, don’t you?” Ms. Mitchell is now suing Mr. Baldwin and other producers, blaming him for failing to check whether the gun he was handling was loaded. A lawyer for Ms. Mitchell, Gloria Allred, said in a statement, “Whatever Ms. Mitchell said immediately after the shooting when she was in a state of shock, and whatever Mr. Baldwin said immediately after the shooting, will be testified to at the trial in our civil case.” She said that the filing was “simply one more attempt by Mr. Baldwin to avoid responsibility for what he did.”In the filing, Mr. Baldwin and his lawyer go so far as to publish private text correspondence between Mr. Baldwin and Mr. Hutchins. The texts show Mr. Baldwin checking whether Mr. Hutchins still wanted to continue their conversations given the possible legal sensitivities, and Mr. Hutchins agreeing to continue communicating despite, according to the texts, the likely wishes of his legal advisers and press representative.Mr. Panish, the lawyer for Mr. Hutchins, called the inclusion of personal texts “irrelevant.”“Baldwin’s disclosure of personal texts with Matt Hutchins is irrelevant to his demand for arbitration and fails to demonstrate anything other than Hutchins’ dignity in his engagement with Baldwin,” he said in the statement. “It is shameful that Baldwin claims Hutchins’ actions in filing a wrongful-death lawsuit derailed the completion of ‘Rust.’ The only action that ended the film’s production was Baldwin’s killing of Halyna Hutchins.”The filing notes that Mr. Baldwin spoke at a memorial for Ms. Hutchins and that later Mr. Hutchins had shared a photograph of his son with Mr. Baldwin.Later, Mr. Hutchins filed a lawsuit against Mr. Baldwin, claiming that he had “recklessly shot and killed Halyna Hutchins on the set.” In an interview on NBC’s “Today” show, he said it was “absurd” for Mr. Baldwin to deny responsibility.When the family of Ms. Hutchins, left, filed a wrongful-death lawsuit against Mr. Baldwin, they showed an animated re-creation of their version of the shooting.Chris Pizzello/Associated Press“Before Hutchins’s appearance on the ‘Today’ show, his interactions with Baldwin had only been polite, collaborative, and, at times, even warm,” Mr. Baldwin’s filing said.In the NBC interview, Mr. Hutchins spoke in emotional terms about seeing Mr. Baldwin discuss the shooting on television. “I was just so angry to see him talk about her death so publicly in such a detailed way,” Mr. Hutchins said in the NBC interview, “and then to not accept any responsibility after having just described killing her.”Nicole Sperling contributed reporting. 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