More stories

  • in

    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

  • in

    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

  • in

    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

  • in

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

    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

  • in

    '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

  • in

    The ‘Rust’ Shooting Spurs a Debate Over Using Guns on Film Sets

    Alec Baldwin, who fatally shot a cinematographer with a gun he had been told was safe, has called for productions to hire police officers to monitor gun safety.Ever since the actor Alec Baldwin fatally shot the cinematographer of the film “Rust” last month with a gun he had been told, incorrectly, contained no live ammunition, the debate on the use of firearms on sets has been growing.Dwayne Johnson — the action star whose production company has made gun-filled films like the “Fast & Furious” spinoff “Hobbs & Shaw” — told Variety last week that the company would no longer use real guns on set. Dozens of cinematographers have signed a commitment not to work on projects using functional firearms. And a state lawmaker in California is drafting legislation that would ban operational firearms from sets.Mr. Baldwin, who was a producer of “Rust” as well as its star, weighed in this week with his own suggestion: that productions should hire police officers to monitor safety. Mr. Baldwin posted Monday on his Twitter and Instagram accounts: “Every film/TV set that uses guns, fake or otherwise, should have a police officer on set, hired by the production, to specifically monitor weapons safety.”But many in the film industry see the tragedy more as a problem of failing to adhere to existing firearms safety protocols than of requiring new, stricter protocols, and it is unclear if any of the proposed changes will have the momentum to come to fruition.The “Rust” shooting happened on Oct. 21, after an old-fashioned revolver was placed in Mr. Baldwin’s hands and proclaimed “cold,” meaning that it should not have contained any live ammunition. But it did: As Mr. Baldwin practiced drawing the gun for a scene, it fired a real bullet, law-enforcement officials said, killing the film’s cinematographer, Halyna Hutchins, and wounding its director, Joel Souza. There should not have been any live ammunition on the set at all, according to court papers, and law-enforcement officials are investigating how the gun came to be loaded with a lethal bullet.The backlash to Mr. Baldwin’s proposal to have police officers monitor on-set gun safety included comments from industry veterans like David Simon, the creator of “The Wire,” who tweeted that “the average cop is no more a totem of gun safety than a trained film armorer.”Then there are those calling to ban the use of functional guns — which are supposed to be loaded only with dummies or blanks — on sets. They say that technology has advanced to the point where special effects can be used to create the illusion of convincing gunfire. After the shooting in New Mexico, Craig Zobel, the director of the HBO whodunit “Mare of Easttown,” noted that all of the gunshots on that show were digital. But some studio executives say that there are times when visual effects are not sufficient, and that some actors struggle to make fake weapons that cannot even fire blanks appear convincing.The calls for systematic change are complicated by the fact that it is still unclear exactly why the tragedy occurred.Some crew members voiced concerns about the experience level of the film’s armorer, Hannah Gutierrez-Reed, whose lawyers have defended her training and commitment to safety and faulted the production. And the film’s first assistant director, Dave Halls, told a detective investigating the case that he should have checked the gun more thoroughly before Mr. Baldwin handled it, according to an affidavit. (His lawyer later said in a television interview that checking the gun was not his job.) But the central question, of how a live round got into the revolver in the first place, remains a mystery.Despite the remaining questions, the fatal shooting has spurred calls for change inside and outside of the film and television industry..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;}The governor of New Mexico, Michelle Lujan Grisham, said days after the shooting that “if the industry doesn’t come forward with very specific accountable safeguards, they should expect that we will.”Stephen Lighthill, the president of the American Society of Cinematographers and one of the prominent signatories of the statement — first reported by Variety — pledging to avoid operational firearms on sets, said that there had not been a wide-scale conversation around what the industry standard should be before the “Rust” shooting. Cinematographers including Bill Pope of “The Matrix” and Mandy Walker of “Mulan” have signed on to the pledge. The statement was posted with a hashtag:#BanBlanks, calling for an end to the use of blank cartridges, which contain gunpowder and paper wadding or wax.Another signatory, Reed Morano, a cinematographer who directed episodes of “The Handmaid’s Tale,” wrote in an Instagram post that she had once been hit by a blank at close range while operating a camera and wished she had thought more about large-scale change then.“How many more deaths do we need to mourn to prove that this must change?” Ms. Morano wrote.In California, a Democratic state senator who represents Silicon Valley, Dave Cortese, has been drafting legislation that would ban operational firearms from sets, which he said would effectively also ban blanks. Mr. Cortese said in an interview that the current system for safety protocols around handling guns on sets — guidelines outlined by unions and production companies — were not sufficient to ensure enforcement and accountability.“Right now what’s missing is the consequences,” he said. “Life and death is not an OK consequence of an error or omission.”Another legislative approach that is being considered, Mr. Cortese said, is a restriction on certain kinds of blanks. But his preference is for an outright ban on operational firearms and blanks, which he thinks can be replaced with special effects.“Some people say, ‘Why get rid of them?’” Mr. Cortese said. “Why have them? What’s the point in this day and age?”He said he has scheduled a meeting this week with members of the union local that represents armorers, and a bill would likely be considered in February.Those in the film industry who warn against making such rapid and wholesale changes to the industry say safety protocols are usually clear, and usually closely followed.Michael Sabo, who was propmaster on “The Wire” and oversaw the use of operational guns on the set, said he thinks nonfunctional guns would appear fake to viewers. Instead of a ban, he favors tighter restrictions on who can handle them.“You can have some of the best actors in the world, but if they pull a trigger and nothing happens, it’s not real,” he said. “That’s my biggest problem when they say we should ban guns on sets.”Brooks Barnes contributed reporting. More

  • in

    Lawyer for ‘Rust’ Assistant Director Says Checking Gun Was Not His Job

    The assistant director, Dave Halls, had previously told a detective that he should have more thoroughly checked the gun before Alec Baldwin handled it, according to an affidavit.A lawyer for the assistant director on the film “Rust” — who law-enforcement officials said had handed a gun to the actor Alec Baldwin before it discharged a live round that killed the cinematographer — said in an interview on Fox News Monday that it was “not his responsibility” to check the weapon.The assistant director, Dave Halls, had told a detective shortly after the fatal shooting that when the movie’s armorer had shown him the firearm to inspect its rounds, he “should have checked all of them, but didn’t,” according to an affidavit released by the sheriff’s office in Santa Fe County, N.M. According to another affidavit, Mr. Halls had called out “cold gun,” indicating that the gun did not contain any live rounds, and handed it to Mr. Baldwin.But Mr. Halls’s lawyer, Lisa Torraco, contended in an interview with Martha MacCallum on Fox News that the main responsibility for checking the gun was with the film’s armorer, claiming that it was “not the assistant director’s job.”“What I can tell you is that expecting an assistant director to check a firearm is like telling the assistant director to check the camera angle or telling the assistant director to check sound or lighting,” she said in the interview. “That’s not the assistant director’s job. If he chooses to check the firearm because he wants to make sure that everyone’s safe, he can do that, but that’s not his responsibility.”The film’s director, Joel Souza, who was wounded in the shooting, later told a detective that the firearms were checked by the film’s armorer, Hannah Gutierrez-Reed, and “then the firearm is checked by the assistant director Dave Halls, who then gives it to the actor using the firearm,” according to another affidavit released as part of a search warrant application.Larry Zanoff, a veteran armorer whose past films include “Django Unchained” and “Fantastic Four,” said it was common practice on a film set for the first assistant director to be one of the people responsible for inspecting guns on set, including checking to make sure a gun is empty before the armorer hands it to an actor.The shooting on the set of “Rust” killed Halyna Hutchins, an up-and-coming cinematographer.Since the shooting, public scrutiny has been largely focused on Mr. Halls and Ms. Gutierrez-Reed, because investigators reported that they handled the gun shortly before the incident. In an affidavit released by the sheriff’s department, a detective, Joel Cano, wrote that he learned that shortly before the shooting, Mr. Halls had picked the gun up from a gray cart that had been set up by Ms. Gutierrez-Reed and had taken it onto the set, where he handed it to Mr. Baldwin and yelled “cold gun.”.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;}Ms. Torraco disputed that chain of events in the Fox interview, saying, “This idea that my client grabbed the gun off of a prop cart and handed it to Mr. Baldwin absolutely did not happen.” Ms. Torraco said she has heard differing accounts from crew members on set.She did not directly give her client’s account. “My client went through something that was such a freak accident that he’s in shock,” Ms. Torraco said. “He’s having a hard time sorting out what happened.”Mr. Halls has not responded to several requests for comment; Ms. Torraco’s office declined to comment last week and has not responded to several requests for comment this week.Mr. Halls has been the subject of complaints on previous film productions. In 2019, Mr. Halls was fired from a movie, “Freedom’s Path,” after a gun discharged unexpectedly on set, causing a minor injury to a crew member, its production company said. Ms. Torraco did not respond to a question in the Fox interview about the previous complaints.No criminal charges have been announced in the case, but the district attorney overseeing it, Mary Carmack-Altwies, has said that her office has not ruled them out. As details have emerged around a series of errors on set that preceded the fatal shooting, how a live round got into the revolver that Mr. Baldwin handled remains unclear. More