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    Alec Baldwin Seeks Dismissal of ‘Rust’ Lawsuit

    Lawyers for the actor Alec Baldwin and other producers behind the film “Rust” filed a motion on Monday seeking to dismiss a lawsuit filed by the movie’s script supervisor, who was feet away from the actor on the movie set in New Mexico when he fatally shot a cinematographer.The script supervisor, Mamie Mitchell, said in her lawsuit, filed last year, that she was standing nearby when the gun fired a live bullet that killed the cinematographer, Halyna Hutchins, and wounded the film’s director, Joel Souza. Mitchell then ran out of the wooden church set that had been the backdrop for the scene and called 911.The lawsuit claimed that Ms. Mitchell “sustained serious physical trauma and shock and injury to her nervous system and person” as a result of her proximity to the shooting. It accused Baldwin of “intentionally, without just cause or excuse,” cocking and firing the revolver in a scene that did not call for it.In Monday’s court filing, lawyers for Mr. Baldwin wrote that he could not have intentionally shot a live bullet from the gun because shortly before it discharged, the movie’s first assistant director called out “cold gun,” indicating that the old-fashioned revolver being used as a prop did not contain any live bullets and should have been safe to handle.“It is completely illogical for plaintiff to contend defendant Mr. Baldwin received a prop gun that everyone including plaintiff and defendant Mr. Baldwin expected to be ‘cold,’ while at the same time stating that Mr. Baldwin’s conduct was intentional in accidentally firing a live round,” the filing said.Mr. Baldwin said in a television interview last year that he did not pull the trigger of the gun while he was practicing on set that day. He said he did not fully cock the hammer of the gun, but pulled it back and let it go in an action that might have set it off.The filing from Mr. Baldwin’s and the production’s lawyers also asserted that Ms. Mitchell’s grievance did not qualify as a complaint under New Mexico’s workers’ compensation law.Ms. Mitchell’s lawsuit targeted the production more broadly for making a series of what she called “cost-cutting measures,” including hiring a 24-year-old armorer, Hannah Gutierrez-Reed, who was just starting out her career as a lead armorer in the industry. Ms. Gutierrez-Reed’s lawyer has said that she was dedicated to safety on set; she filed her own lawsuit against the film’s supplier of guns and ammunition.The production’s court filing said that Ms. Mitchell’s allegations relied on “a list of things that she contends, in hindsight, should or should not have been done” to ensure safety on set; the production’s lawyers argued that her case was insufficient and should be dismissed. More

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    Alec Baldwin Turns Over His Phone in ‘Rust’ Investigation

    Detectives investigating the actor’s fatal shooting of a cinematographer on a film set in New Mexico had gotten a search warrant for the phone nearly a month ago.The actor Alec Baldwin turned his phone in to the police in Suffolk County, N.Y., on Friday morning, his lawyer said, starting a process that will allow investigators to collect data related to his fatal shooting of a cinematographer on the set of the film “Rust” last year in New Mexico.Mr. Baldwin agreed to a process in which he would hand over his iPhone and its password, and the phone’s data would be reviewed by officials from the Suffolk County police department and district attorney’s office before the relevant data would be passed to the authorities in New Mexico, according to a search agreement provided by Mr. Baldwin’s lawyer. Mr. Baldwin, who has a home in Suffolk County, handed the phone over to the police himself, his lawyer, Aaron Dyer, said. Juan Rios, a spokesman for the Santa Fe County Sheriff’s Office, said his office had been notified that the phone was handed over to the authorities in Suffolk County, N.Y.According to the terms of the search agreement, officials in Suffolk County will review the phone’s communications — including texts, emails, call records, voice mail messages, digital images and internet browser history — between June 1 and Dec. 5 last year, and will exclude any communications with his lawyers or his wife, Hilaria, which are protected by privilege.“Mr. Baldwin has a right to privacy regarding the contents of the iPhone, as well as regarding communications with his attorneys and with his spouse, which communications are protected by the attorney-client privilege and the marital communications privilege respectively,” the agreement states..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}The police in Suffolk County are to create a “forensic download” of the iPhone “in its entirety,” according to the agreement, before the device is returned to Mr. Baldwin.The fatal shooting occurred on Oct. 21, while Mr. Baldwin was practicing drawing an old-fashioned revolver from a shoulder holster. He had been told that the gun did not contain any live rounds, but it did, and it discharged a bullet that killed the cinematographer, Halyna Hutchins, and wounded the movie’s director, Joel Souza. Investigators looking into the shooting, and seeking to determine how a live round got into the gun, secured a search warrant for Mr. Baldwin’s phone on Dec. 16.The agreement to turn over Mr. Baldwin’s phone states that the search warrant is not enforceable in New York — where he lives — and that without Mr. Baldwin’s consent to search the phone, the authorities would be required to seek a separate warrant in the state. To avoid that, the agreement says, Mr. Baldwin has agreed to proceed “as if the NM Warrant had been obtained in New York.”“Alec voluntarily provided his phone to the authorities this morning so they can finish their investigation,” Mr. Dyer said in a statement. “But this matter isn’t about his phone, and there are no answers on his phone. Alec did nothing wrong.”The set of the movie “Rust,” where Halyna Hutchins was fatally shot in October.Jae C. Hong/Associated PressWhile generally limiting their search to communications between June 1 and Dec. 5, officers will be able to access communications with Matthew Hutchins, Ms. Hutchins’s widower, and Santa Fe law enforcement officials from any date, according to the search agreement. It said that Mr. Baldwin had agreed to provide a list of telephone numbers for “individuals and entities connected with the production of the film.” The officials “may only extract call records for calls to or from those numbers during the relevant time period,” according to the agreement.After media outlets reported last week that the Santa Fe authorities did not have Mr. Baldwin’s phone three weeks after the warrant was granted, Mr. Baldwin posted a video on his Instagram account saying that any suggestion that he was not cooperating with investigators was “a lie.” He said that the process would take time and that the authorities “have to specify what exactly they want.”“They can’t just go through your phone and take, you know, your photos or your love letters to your wife or what have you,” Mr. Baldwin said in the video.In a television interview last month, Mr. Baldwin denied responsibility for Ms. Hutchins’s death, saying that he did not know how live rounds got onto the film set and that he did not pull the trigger before the gun went off.Before handing Mr. Baldwin the gun on set, the movie’s first assistant director, Dave Halls, called out “cold gun,” an industry term meaning that a firearm does not have live rounds and is safe to use. Mr. Baldwin said in the interview that Ms. Hutchins had been instructing him on where to point the gun when it discharged.“It is clear that he was told it was a cold gun, and was following instructions when this tragic accident occurred,” Mr. Dyer said in the statement. “The real question that needs to be answered is how live rounds got on the set in the first place.” More

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    ‘Rust’ Armorer Sues Supplier of Ammunition and Guns for Film Set

    The lawsuit accuses the supplier of contributing boxes of ammunition that were represented as containing only inert dummy rounds but that included live rounds.The armorer who was tasked with managing weapons for the film “Rust” in New Mexico, where Alec Baldwin fatally shot a cinematographer last year, filed a lawsuit on Wednesday accusing a supplier of guns and ammunition of introducing “dangerous” materials onto the set.In the lawsuit, the armorer, Hannah Gutierrez-Reed, said Seth Kenney and his company, PDQ Arm & Prop, had supplied the box — labeled “dummy” rounds — that, in fact, contained at least one live round, which discharged from a gun that Baldwin was practicing with on Oct. 21 of last year. The discharge killed the cinematographer, Halyna Hutchins, and wounded the movie’s director, Joel Souza.“Hannah and the entire ‘Rust’ movie crew relied on the defendants’ misrepresentation that they provided only dummy ammunition,” according to documents in the suit filed in state court in New Mexico.According to the lawsuit, which named Mr. Kenney and his company, he had worked with Ms. Gutierrez-Reed’s father, Thell Reed, a prominent Hollywood armorer, on a different movie set in Texas about a month or two before the deadly shooting.Mr. Kenney had asked Mr. Reed to help train actors to shoot live rounds at a firing range off-set, the lawsuit said. Afterward, Mr. Kenney took ammunition, including live rounds that Mr. Reed had supplied for the training, it said..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}According to court documents filed by a detective for the Santa Fe County Sheriff’s Office last year, Mr. Reed has said the live ammunition used on the shooting range could be the same that ended up on the “Rust” set.Ms. Gutierrez-Reed’s lawyers said in the lawsuit that Mr. Kenney and PDQ Arm & Prop of Albuquerque had “distributed boxes of ammunition purporting to contain dummy rounds, but which contained a mix of dummy and live ammunition to the Rust production.”They “knew or should have reasonably believed that the ammunition they supplied to the Rust production would be used in the filming of scenes involving the discharging of firearms,” the filing stated.Mr. Kenney did not immediately respond to a request for comment. His role as a supplier of blanks and dummy rounds to the production, and the question of whether he may have sent live ammunition as well, are already being investigated by law enforcement officials in New Mexico.In November, a warrant was issued to search Mr. Kenney’s business. According to an affidavit in the case, the head of props on “Rust,” Sarah Zachry, told detectives that some of the ammunition had come from Mr. Kenney, while some came from a previous production Ms. Gutierrez-Reed had worked on and “an individual identified as ‘Billy Ray.’”At the time, Mr. Kenney, who has also done business out of Arizona and California, said he was confident he was not the source of any live round.“It is not a possibility that they came from PDQ or from myself personally,” he said in an interview with “Good Morning America,” adding that dummy rounds from his company get individually “rattle tested” before they are sent out (when shaken, dummy rounds will rattle, while live rounds will not).In the latest lawsuit, Ms. Gutierrez-Reed’s lawyers described the actions she took to check that the gun was safe before it was later handed to Baldwin. “Hannah remembered the chamber that she believed needed to be cleaned in Baldwin’s gun and she cleaned it and then Hannah pulled another round from the dummy box, shook it, and placed it in the chamber,” the court papers said. “To the best of Hannah’s knowledge, the gun was now loaded with 6 dummy rounds.”Ms. Gutierrez-Reed’s lawyer has previously said that she did two jobs on the “Rust” set — armorer and props assistant — which made it difficult for her to focus fully on her job as armorer. The lawsuit, which characterized the “Rust” set as having a “rushed and chaotic atmosphere,” noted that Ms. Gutierrez-Reed was to be paid about $7,500 for both jobs combined.Ms. Gutierrez-Reed has been named as one of several defendants in separate lawsuits filed by two “Rust” crew members who asserted that she had failed to follow appropriate safety measures as armorer and that at 24 years old, she was not experienced enough to be overseeing weapons on the set.Mr. Kenney and his company represented that the “props were dummy rounds and safe and effective products for use on a movie set when in fact they were unsafe live rounds and never should have been on a movie set,” Ms. Gutierrez-Reed’s lawyers said in the court papers. More

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    Two Held in Fatal Shooting of the Memphis Rapper Young Dolph

    One suspect was captured by federal marshals in Indiana after failing to surrender as he had promised on social media, the authorities said.Two people have been arrested in the killing of the rapper Young Dolph, who was shot by two people while buying cookies at a bakery in Memphis in November, according to the authorities.The U.S. Marshals Service announced on Tuesday that one of the suspects, Justin Johnson, 23, had been captured that day in Indiana. Last week, the police in Memphis obtained a first-degree murder warrant for Mr. Johnson and law enforcement agencies offered a reward of $15,000 for information leading to his arrest.Also on Tuesday, the other suspect in the killing, Cornelius Smith, was indicted by a grand jury in Tennessee on charges including first-degree murder and property theft in connection with the killing, the Shelby County district attorney general, Amy Weirich, said in a news release. Mr. Smith, 32, was also charged with the attempted murder of Young Dolph’s brother, who was also at the bakery during the shooting.Mr. Smith was arrested on Dec. 9 in Southaven, Tenn., on a warrant charging him with auto theft in connection with the getaway car used in the killing, Ms. Weirich said.Young Dolph, 36, a promising hip-hop artist who had emerged in recent years and whose real name was Adolph Thornton Jr., was shot on Nov. 17 inside Makeda’s, a bakery in downtown Memphis. The gunmen fled, and he was pronounced dead at the scene, the Memphis Police Department said.It was unclear on Tuesday whether Mr. Johnson and Mr. Smith had lawyers.The U.S. Marshals Service, the Memphis Police Department, and Shelby County District Attorney’s Office are to hold a joint news conference on Wednesday to discuss the case.Mr. Johnson, 23, had posted on social media over the weekend, maintaining his innocence and saying that he intended to turn himself in on Monday, Action News 5 in Memphis reported. Monday passed with no arrest, and two U.S. Marshals fugitive task forces captured Mr. Johnson on Tuesday afternoon.Mr. Johnson, a rapper known as Straight Drop, also has an outstanding warrant for a violation of supervised federal release on a prior weapons conviction, the U.S. Marshals Service said.A memorial for Young Dolph in Memphis on Nov. 18, the day after the rapper was shot to death.Justin Ford/Getty ImagesYoung Dolph’s last solo album, “Rich Slave,” debuted at the No. 4 spot on the Billboard Chart in 2020. He had previously survived at least two shootings in 2017.The Memphis Police Department and Mayor Jim Strickland have pointed to Young Dolph’s killing as yet another example of a steady rise in gun violence in the city. In a letter to constituents last week, Mr. Strickland called for reform to state gun laws to increase penalties for crimes like aggravated assaults.Mr. Johnson had not been adequately punished, Mr. Strickland wrote, referring to the six months he served in prison four years ago after he fired a gun at a bowling alley and injured several people.“One of our top legislative priorities has been and continues to be finding a workable solution to these laws so that, if a person commits a violent crime, they are not back out in a few weeks or months doing the same things again,” he wrote. More

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    Shooting Investigators Get Search Warrant for Alec Baldwin’s Phone

    Detectives are nearly two months into the investigation of how a live round got into a gun that discharged on a New Mexico film set, killing a cinematographer.A judge on Thursday granted the police access to Alec Baldwin’s smartphone, nearly two months into the investigation around how a gun he was practicing with on the set of the film, “Rust,” fired a live round, killing the movie’s cinematographer and wounding its director.Mr. Baldwin said in a police interview on Oct. 21, the day of the fatal shooting in New Mexico, that the gun discharged while he was preparing for a scene in which he takes the old-fashioned Colt revolver out of his shoulder holster and cocks the hammer, according to an affidavit filed in the application for the search warrant. Detective Alexandria Hancock asked Mr. Baldwin and his lawyer to hand over his phone, the affidavit said, but was told to obtain a warrant.The application for the search warrant said that the detective “believes there may be evidence on the phone, due to individuals using cellular phones during and/or after the commission of crime(s).” Detective Hancock, according to the affidavit, “was also made aware there were several emails and text messages sent and received regarding the movie production ‘Rust’ in the course of the interviews.”The search is meant to collect “all information and data from the cellular phone in relation to the production of ‘Rust,’ and any member working on the production.”The application said that Mr. Baldwin was brought into an interview room at about 5:12 p.m. the day of the shooting and that he agreed to speak with detectives after being advised of his Miranda rights. “Alec advised in the scene he slowly takes the gun out of the holster, then very dramatically turns it and cocks the hammer, which is when the gun goes off,” it said. “He said it was supposed to be a ‘cold gun’ so no flash charge or anything should have gone off.”In a television interview earlier this month, Mr. Baldwin said he did not pull the trigger of the gun he was practicing with when it fired a live round. He said he did not fully cock the hammer of the gun, but pulled it back as far as he could and let it go in an action that might have set it off.“Someone put a live bullet in a gun, a bullet that wasn’t even supposed to be on the property,” Mr. Baldwin said in the interview with ABC News. “Someone is ​responsible for what happened, and I can’t say who that is, but I know it’s not me.”Mr. Baldwin has been cooperating with investigators in the case; the affidavit said the actor had contacted Detective Hancock “numerous times” by telephone and text messages. A representative for Mr. Baldwin did not immediately respond to a request for comment about the search warrant. More

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    Alec Baldwin Says He Is Not Responsible for Fatal Shooting on ‘Rust’

    In an emotional interview with ABC News, the actor asserted, ‘Someone put a live bullet in a gun.’The actor Alec Baldwin fiercely insisted he was not to blame in the fatal shooting of a cinematographer on the set of a Western being filmed in New Mexico, claiming that another person had accidentally placed a live round in the gun that went off in his grasp as he was rehearsing a scene.“Someone put a live bullet in a gun, a bullet that wasn’t even supposed to be on the property,” Mr. Baldwin said in a television interview that was broadcast on Thursday night. “Someone is ​responsible for what happened, and I can’t say who that is, but I know it’s not me.”Mr. Baldwin made the comments in an emotional ABC News interview with George Stephanopoulos, the first time that Mr. Baldwin has publicly given an account of what happened in October. The actor’s description of the episode may cast greater scrutiny on crew members and suppliers and the question of who was responsible for safeguarding firearms in the low-budget production.In the interview, excerpts from which had been released on Wednesday, Mr. Baldwin also said that he did not pull the trigger of the gun he was practicing with on the set of “Rust” when it fired a live round.“I would never point a gun at anyone and pull a trigger at them — never,” Mr. Baldwin said.The fatal shooting took place on Oct. 21 near Santa Fe, N.M., on a movie set designed to be a church. Mr. Baldwin was practicing drawing an old-fashioned revolver that he had been told contained no live rounds when it suddenly fired, killing the film’s cinematographer, Halyna Hutchins, 42, and wounding its director, Joel Souza, 48.The cinematographer who was killed, Halyna Hutchins, was mourned in October at a candlelight vigil in Burbank, Calif. Chris Pizzello/Associated PressMr. Baldwin said that he was stunned by what happened and that at least 45 minutes passed after the gun went off before he realized that it could have contained a live round..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“I stood over her for 60 seconds as she just laid there kind of in shock,” Mr. Baldwin said.The actor added that he did not cock the hammer of the gun, but pulled it back as far as he could and let it go in an action that might have set it off. “I let go of the hammer — bang, the gun goes off.”Investigators are seeking to determine how a live round got into the gun that Mr. Baldwin was practicing with, why the crew members who inspected it on set failed to notice, and why the gun fired.Mr. Baldwin’s contention that he had not pulled the trigger was supported by a lawyer for the film’s assistant director, Dave Halls, who had been standing near Mr. Baldwin inside the church set when the gun fired.The lawyer, Lisa Torraco, told the ABC News show “Good Morning America” on Thursday that Mr. Halls had told her that “the entire time Baldwin had his finger outside the trigger guard, parallel to the barrel.” She said Mr. Halls had told her that “since Day 1, he thought it was a misfire.”In the ABC interview, Mr. Baldwin also said he recalled that shortly before the shooting, Mr. Halls had told him, “This is a cold gun,” an industry term implying that firearm does not have live rounds and is safe to use.“When he’s saying, ‘This is a cold gun,’ what he’s saying to everybody on the set is, ‘You can relax,’” Mr. Baldwin said.Mr. Baldwin, who has come under intense criticism after the shooting, has already been questioned by detectives and is cooperating with the investigation. No one has been charged in connection with the shooting, and authorities have not placed blame on any individual.“I got countless people online saying, ‘You idiot, you never point a gun at someone,’” Mr. Baldwin said. “Well, unless you’re told it’s empty and it’s the director of photography who’s instructing you on the angle for a shot we’re going to do.”Some gun experts said it was possible that the gun, a single-action revolver, could have discharged without Mr. Baldwin’s pulling the trigger if he had pulled back the revolver’s hammer and released it before it was fully cocked. But they questioned whether that would have created enough force to fire the live round.Clay Van Sickle, a movie industry armorer who did not work on “Rust,” said guns generally go off only when someone pulls the trigger. “Unless that gun was in a horrible state of disrepair,” he said, “there is no other way that gun could have gone off.”As detectives work to trace the source of the live round, one focus has been on Seth Kenney, who supplied blanks and dummy rounds for the production.According to court documents filed on Tuesday, detectives are trying to determine whether Mr. Kenney sent live ammunition as well as blanks and dummies, and they have searched his business in Albuquerque, PDQ Arm & Prop.Mr. Kenney said in an interview that he was confident he was not the source of any live round.“It is not a possibility that they came from PDQ or from myself personally,” he told “Good Morning America.”Thell Reed, a weapons expert who has worked and consulted on a number of films, has told detectives that he supplied live rounds to Mr. Kenney for training on another film, according to court documents. Mr. Reed, who is the father of Hannah Gutierrez-Reed, the “Rust” armorer, suggested they might match live rounds found on “Rust.”The film’s prop master, Sarah Zachry, has told investigators, according to the court documents, that the ammunition on the set had come from “various sources” — from Mr. Kenney, but also from Ms. Gutierrez-Reed, who was said to have brought some from a previous production, and from a person identified only as “Billy Ray.”Since the fatal shooting, two crew members who were in the room when the gun went off have filed separate lawsuits, naming Mr. Baldwin, the film’s producers and other crew members including Mr. Halls and Ms. Gutierrez-Reed as defendants.Both lawsuits say Mr. Baldwin should have checked the gun himself to see whether it was safe to handle. In the interview, Mr. Baldwin said that on the day of the shooting, one of the plaintiffs touched his shoulder and said he bore no responsibility for what happened.Mr. Baldwin declined to say which plaintiff it was. Serge Svetnoy, one of the crew members who filed suit, told ABC that he did say that to Mr. Baldwin but later changed his mind.The actor insisted that the tragedy occurred after he was handed the gun and was told it was safe, and that Ms. Hutchins herself had told him how to position it. Both he and Ms. Hutchins assumed the gun was safe to handle, he said.“I am holding the gun where she told me to hold it,” Mr. Baldwin said. “I can’t imagine I’d ever do a movie that had a gun in it again.”Matt Stevens More

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    How Did Live Ammunition Get on the 'Rust' Film Set?

    Investigators are trying to determine whether a supplier who was supposed to provide the movie with blanks and dummies may have sent live rounds.ALBUQUERQUE — Detectives investigating the deadly shooting on the set of the film “Rust” are trying to determine whether Seth Kenney, who was supposed to provide the production with blanks and dummy rounds, may have sent live ammunition as well, according to court documents filed on Tuesday.The focus on Mr. Kenney came to light in a warrant issued to search his business in Albuquerque, called PDQ Arm & Prop. Investigators sought the search warrant after crew members told them that ammunition for “Rust” came from various sources, including Mr. Kenney, who has also done business out of Arizona and California.The fatal shooting took place on Oct. 21, when the actor Alec Baldwin was practicing drawing a gun he had been told contained no live rounds, when it went off, killing the film’s cinematographer, Halyna Hutchins, 42, and wounding its director, Joel Souza, 48.Immediately after the shooting the film’s prop master, Sarah Zachry, inspected the box of ammunition on a props cart on the set and discovered that some cartridges “did not rattle,” according to an affidavit for the search warrant filed Tuesday in Bernalillo County.Dummy rounds are often distinguished from live rounds by replacing the powder inside with a ball bearing, giving the round a distinctive rattle when shaken.The fact that the cartridges did not rattle suggested there were other live rounds on set, Ms. Zachry told a detective, according to the court document.“Sarah said this led her to believe some of the other rounds in that box were live ammo,” according to the affidavit, which was signed by Detective Alexandria Hancock of the Santa Fe County Sheriff’s office.The affidavit details efforts by investigators to trace the source of all the ammunition used in the production.Ms. Zachry said the ammunition on the set had come from “various sources,” according to the affidavit, including from Mr. Kenney; Hannah Gutierrez-Reed, the film’s armorer, who was said to have brought some from a previous production; and from someone identified only as “Billy Ray.”Ms. Gutierrez-Reed told investigators that the guns and ammunition used on the “Rust” set had been supplied by Mr. Kenney, according to the affidavit.On Oct. 27, as the police executed a search warrant on the set, Mr. Kenney told investigators that he had provided the production with dummy rounds and blanks that came from a company called Starline Brass, the affidavit said. Two days later, it said, Mr. Kenney called back to say “he may know where the live rounds came from.”In that call, Mr. Kenney told the police that a couple of years ago he had received “reloaded ammunition” from a friend, the affidavit said. “Reloaded ammunition” can refer to ammunition that has been reconstituted from the brass casing of a fired round by adding a new bullet, primer and powder, according to Clay Van Sickle, a movie industry armorer.Mr. Kenney declined to comment in response to a phone call.Mr. Kenney told investigators that in this case, he believed the ammunition had been reloaded because the cartridge of a live round had the Starline Brass logo on it, and Starline Brass “only sells components of ammunition, and not live ammunition, and therefore it had to be a reloaded round.”Starline, which is based in Sedalia, Mo., did not immediately respond to requests for comment. Another lead on where the live round might have originated came from Ms. Gutierrez-Reed’s father, Thell Reed, a weapons expert who has worked and consulted on a number of films.The detective said that she received a statement from Mr. Reed in mid-November saying that he had worked with Mr. Kenney on another set in August or September where the actors were trained “for live fire with firearms, conducted on a firearms range,” and that Mr. Kenney had asked him to bring extra live ammunition in case they ran out.“Thell stated he did bring an ‘ammo can’ with live ammunition from a friend,” the affidavit said, “and this ammunition was not factory made rounds.” Mr. Reed said that the can had contained “approximately 200-300 rounds,” the document said.Mr. Reed told the police that when the production was over, Mr. Kenney had taken the remainder of the ammunition that had been in the can back to New Mexico.“Thell stated this ammunition may match the ammunition found on the set of ‘Rust,’” the affidavit said.Suspected live ammunition was among the items taken during a search of the set the day after the shooting, and identified during processing by a crime scene technician, Marissa Poppell, according to the affidavit. More

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    'Rust' Script Supervisor Sues Alec Baldwin and Others

    A lawsuit filed by the supervisor, Mamie Mitchell, said an injury or death on the set was “a likely result” of the production’s failure to follow safety protocols.A script supervisor for the movie “Rust” recalled Wednesday how she had been watching the actor Alec Baldwin practicing a move with a gun on the set in New Mexico last month, holding her script and checking photos on her iPhone to make sure that he was wearing the right shirt and vest, when she heard a loud blast.“Then, an explosion,’’ the supervisor, Mamie Mitchell, recalled at a news conference in Los Angeles. “A deafening, loud gunshot. I was stunned. I heard someone moaning and I turned around and my director was falling backward and holding his upper body.”Then, she said, she turned and saw the film’s cinematographer, Halyna Hutchins, sink down to the ground. Law enforcement officials have said that Ms. Hutchins, 42, was shot and killed, and the film’s director, Joel Souza, 48, was wounded, when the gun that Mr. Baldwin had been practicing with, which he had been told did not contain any live ammunition, discharged, firing a real bullet that struck them both.Ms. Mitchell, who said that she ran out of the wooden church set and used the phone in her hand to call 911, announced Wednesday that she had filed a lawsuit against the producers on the film, including Mr. Baldwin, and several members of its crew.“Alec Baldwin intentionally, without just cause or excuse, cocked and fired the loaded gun even though the upcoming scene to be filmed did not call for the cocking and firing of a firearm,” the lawsuit, which was filed in Los Angeles Superior Court, said.The script supervisor, Mamie Mitchell, at the news conference Wednesday announcing the lawsuit. Rodin Eckenroth/Getty Images“The fact that live ammunition was allowed on a movie set, that guns and ammunition were left unattended, that the gun in question was handed to Mr. Baldwin by the assistant director who had no business doing so, the fact that safety bulletins were not promulgated or ignored, coupled with the fact that the scene in question did not call for a gun to be fired at all, makes this a case where injury or death was much more than just a possibility — it was a likely result,” the lawsuit said..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-m80ywj header{margin-bottom:5px;}.css-m80ywj header h4{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:500;font-size:1.25rem;line-height:1.5625rem;margin-bottom:0;}@media (min-width:740px){.css-m80ywj header h4{font-size:1.5625rem;line-height:1.875rem;}}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}A lawyer for Mr. Baldwin did not immediately respond to a request for comment.The lawsuit was announced at a news conference with Ms. Mitchell’s lawyer, Gloria Allred.It claims assault, intentional infliction of emotional distress, and deliberate infliction of harm, and requested unspecified damages. It said Ms. Mitchell, who was standing less than four feet from Mr. Baldwin when the revolver discharged, “sustained serious physical trauma and shock and injury to her nervous system and person” and “will in the future be prevented from attending to her usual occupation as a script supervisor.”The shooting took place Oct. 21 on the set of the film on Bonanza Creek Ranch in Santa Fe County, N.M., as Mr. Baldwin prepared to film a close-up of him drawing a .45 revolver from a shoulder holster. According to Ms. Mitchell’s lawsuit, Mr. Baldwin failed to check the gun himself to see if it was loaded before handling it.They were preparing for three tight camera shots, according to the lawsuit: one of Mr. Baldwin’s eyes, one of a blood stain on his shoulder, and one of his “torso as he reached his hand down to his holster and removed the gun.”According to court papers filed by the Santa Fe County Sheriff’s Department, the movie’s first assistant director, Dave Halls, had called out “cold gun” before handing the revolver to Mr. Baldwin, using a term indicating that the gun did not contain live ammunition. A lawyer for the movie’s armorer, Hannah Gutierrez-Reed, said that Ms. Gutierrez-Reed had loaded the revolver with what she believed to have been dummy rounds, which do not contain gunpowder and cannot be fired.The lawsuit charges that Mr. Baldwin knew that it was typical protocol for an armorer or prop master to hand a gun to the actor after demonstrating that it is empty — not for the first assistant director to do so — and that Mr. Baldwin failed to follow those rules. It also charges that Ms. Gutierrez-Reed allowed guns and ammunition to be left unattended on the set that day. The lawsuit accuses the production of hiring Ms. Gutierrez-Reed, 24, who had just started out her career as a lead armorer in the film industry, as part of a series of “cost-cutting measures.”Ms. Gutierrez-Reed’s lawyer, Jason Bowles, has said that his client noticed that day the gun was left unattended for several minutes after she had asked other crew members to watch the firearms and ammunition. Mr. Bowles has defended Ms. Gutierrez’s qualifications for the job, saying that she was dedicated to ensuring safety on set. Previously lawyers for Ms. Gutierrez-Reed said that she had been hired to two positions on the film, “which made it extremely difficult to focus on her job as an armorer.”Mr. Halls, Ms. Gutierrez-Reed and Sarah Zachry, the movie’s prop master, are all named as defendants in Ms. Mitchell’s lawsuit. Ms. Zachry and a lawyer for Mr. Halls did not immediately respond to requests for comment. Mr. Bowles said he had not yet reviewed the lawsuit.Last week, Serge Svetnoy, the film’s gaffer, or chief lighting technician, filed a lawsuit accusing the movie’s producers, Mr. Baldwin and several other crew members of failing to follow appropriate firearm safety protocols that would have prevented the fatal shooting. Mr. Svetnoy said he was standing just six or seven feet away from Mr. Baldwin and said that he was injured by discharge materials from the gun and traumatized by seeing his friend die, trauma that had left him unable to work. More