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      Sheriff Delivers Results of ‘Rust’ Shooting Investigation to Prosecutors

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      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

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      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

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      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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      Alec Baldwin and ‘Rust’ Producers Sued for Halyna Hutchins’s Death

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      The suit charges that Baldwin “recklessly shot and killed Halyna Hutchins on the set” and that the production’s “aggressive cost-cutting” had endangered the crew.The suit, filed by the family of Halyna Hutchins, the film’s cinematographer who was fatally shot by Mr. Baldwin on the set, accused him and other defendants of reckless conduct and dangerous cost-cutting measures.Swen Studios/Via ReutersThe family of Halyna Hutchins, the cinematographer fatally shot by Alec Baldwin on the set of the movie “Rust” last year, filed a wrongful-death lawsuit on Tuesday in New Mexico against crew members and producers, including Mr. Baldwin.The suit, filed by Ms. Hutchins’s widower, Matthew Hutchins; her 9-year-old son; and the personal representative of Ms. Hutchins’s estate, accused Mr. Baldwin and the other defendants of reckless conduct and cost-cutting measures that endangered the crew, including failing to follow basic industry standard safety checks and gun safety rules.“Halyna Hutchins deserved to live, and the Defendants had the power to prevent her death if they had only held sacrosanct their duty to protect the safety of every individual on a set where firearms were present,” the lawsuit said, “instead of cutting corners on safety procedures where human lives were at stake, rushing to stay on schedule and ignoring numerous complaints of safety violations.”Ms. Hutchins, 42, was shot on Oct. 21 while the production was lining up camera angles for a scene in which Mr. Baldwin draws an old-fashioned revolver from a shoulder holster. Shortly before the gun went off, discharging a bullet that killed Ms. Hutchins and injured Joel Souza, the film’s director, the crew had been told that the revolver did not contain live ammunition and was safe to handle.The lawsuit said Mr. Baldwin “recklessly shot and killed Halyna Hutchins on the set.” Mr. Baldwin has said in the past that he was not to blame for her death. “Someone put a live bullet in a gun, a bullet that wasn’t even supposed to be on the property,” Mr. Baldwin said in an ABC television interview in December. “Someone is ​responsible for what happened, and I can’t say who that is, but I know it’s not me.”.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;}Aaron Dyer, a lawyer for Mr. Baldwin and other “Rust” producers, said in a statement that “any claim that Alec was reckless is entirely false,” arguing that Mr. Baldwin and other members of the cast and crew were relying on professionals tasked specifically with checking firearms.“Actors should be able to rely on armorers and prop department professionals, as well as assistant directors, rather than deciding on their own when a gun is safe to use,” the statement said.He noted that “everyone’s hearts and thoughts remain with Halyna’s family as they continue to process this unspeakable tragedy.”At a news conference, lawyers for Mr. Hutchins played a video that used animation to recreate what they say happened on the day of the shooting, based on interviews with crew members and at one point including Mr. Baldwin’s comments from the ABC interview.The lawsuit said that the defendants should not have allowed live ammunition onto the set, that Mr. Baldwin should not have pointed a gun at anyone, and accused the production of “aggressive cost-cutting” that it said had “jeopardized and endangered the safety of the cast and crew.” The suit claimed that the producers had hired an “inexperienced” and “unqualified” armorer, and that members of the production had ignored earlier firearms discharges on the set that had led to complaints about a lack of safety.Brian Panish, a lawyer for Mr. Hutchins, said at a news conference in Los Angeles: “There are many people culpable, but Mr. Baldwin was the person holding the weapon that, but for him shooting it, she would not have died. So clearly he has a significant portion of the liability, but there are others.”Last month, lawyers for the Hutchins family indicated that they were contemplating a lawsuit when they asked a court to appoint a representative in New Mexico for Ms. Hutchins’s estate. Under New Mexico law, half of any proceeds from the lawsuit would go to Mr. Hutchins and half would go to her son.Ms. Hutchins was a rising cinematographer from Ukraine; friends and colleagues described her as fiercely dedicated to the art of filmmaking.It remains unclear why live bullets were on the film set and how one of them got into the gun that Mr. Baldwin was handling. The sheriff’s office in Santa Fe has been investigating that question since the fatal shooting, but officials have made no new public disclosures about the inquiry since last month, when Mr. Baldwin turned his cellphone over to the authorities.Several other lawsuits have been filed in relation to the shooting. Two crew members filed separate lawsuits in California, alleging that cost-cutting measures by the production contributed to lax adherence to safety protocols and that Mr. Baldwin should have checked that the gun was safe to handle. Lawyers for Mr. Baldwin and other producers behind “Rust” filed a motion seeking to dismiss one of the lawsuits, arguing that Mr. Baldwin could not have intentionally shot a live bullet from the gun because he had been told it was “cold,” meaning it did not contain any live bullets.Mr. Baldwin has denied responsibility in the shooting, saying in the television interview last year that Ms. Hutchins was instructing him on where to point the gun when it discharged. He said he did not pull the trigger, suggesting that it could have been set off when he pulled back the hammer.The lawsuit accused him and others of not properly following safety protocols. Other defendants include Hannah Gutierrez-Reed, the film’s armorer, who the lawsuit accuses of being unqualified for the job; Dave Halls, the first assistant director, who told an investigator that he did not check all of the rounds in the gun before handing it to Mr. Baldwin; and Seth Kenney, a supplier of guns and ammunition for the film.Jason Bowles, a lawyer for Ms. Gutierrez-Reed, said she inspected the gun before handing it over to Mr. Halls that day and asked that she be called back to recheck it later, but the production did not do so. Mr. Kenney and a lawyer for Mr. Halls did not immediately respond to requests for comment.“Had Defendant Baldwin, the Producers, and the Rust Production Companies taken adequate precautions to ensure firearm safety on the set of Rust or if basic firearm safety rules had been followed on the set of Rust on Oct. 21, 2021,” the lawsuit said, “Halyna Hutchins would be alive and well, hugging her husband and nine-year old son.” More

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      Alec Baldwin Seeks Dismissal of ‘Rust’ Lawsuit

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      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 Says He ‘Didn’t Pull the Trigger’ in ‘Rust’ Killing

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      The actor said in a brief excerpt from an upcoming interview with ABC News that he had not pulled the trigger when the gun he was holding went off, killing the cinematographer.The actor Alec Baldwin said in an upcoming television interview that he did not pull the trigger of the gun he was practicing with on the set of the film “Rust,” which fired a live round as he held it, killing the film’s cinematographer and wounding its director.“I would never point a gun at anyone and pull a trigger at them — never,” Mr. Baldwin told George Stephanopoulos in an ABC News interview that is scheduled to be broadcast Thursday night at 8 p.m. Eastern. The network posted brief excerpts from the interview Wednesday as a preview.The exchange came after Mr. Stephanopoulos noted that it had not been part of the script for the trigger to be pulled in that scene. Mr. Baldwin jumped in: “Well, the trigger wasn’t pulled. I didn’t pull the trigger.”He did not elaborate on why the gun might have gone off in the excerpt ABC provided.Mr. Baldwin’s account adds another layer of mystery onto the fatal shooting, which took place on Oct. 21 on a set of a church near Santa Fe, N.M. 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.It still remains unclear how a lethal bullet got into the gun that he was practicing with, and why the crew members who handled it before passing it to Mr. Baldwin failed to detect that it contained a live round when it was supposed to have only dummies.In the clip of the interview, Mr. Baldwin said he does not know why a real bullet — which was not even supposed to be on the property — was loaded into the gun. Investigators are trying to determine whether the supplier of blanks and dummy rounds for the movie, Seth Kenney, sent live ammunition as well, according to court documents filed on Tuesday.There have been some suggestions that there may have been a problem with the gun. The armorer for “Rust,” Hannah Gutierrez-Reed, told a detective that she had loaded it with five dummy rounds before lunch, but that “there was one round that wouldn’t go in,” so she cleaned it out after lunch and added a sixth round, according to an affidavit filed Tuesday.In the ABC interview, Mr. Baldwin grew visibly emotional as he spoke about Ms. Hutchins, saying “she was someone who was loved by everyone who worked” with her.“I think back and I think of what could I have done?” Mr. Baldwin said.This is the first time that Mr. Baldwin has given his full account of what happened to the public. Last month, two crew members who were in the room when the gun went off filed separate lawsuits, naming Mr. Baldwin, the film’s producers and other crew members as defendants. Both lawsuits alleged that Mr. Baldwin should have checked the gun himself to see if it was safe to handle. More

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

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      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

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      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