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    The Legal Question at the Center of the Alec Baldwin Criminal Case

    The actor was told the gun he was rehearsing with on the “Rust” set, which fired and killed the cinematographer, held no live ammunition. Can he be found guilty of manslaughter?Now that a grand jury has indicted Alec Baldwin on a charge of involuntary manslaughter for the fatal shooting of a cinematographer on the set of the film “Rust” in New Mexico in 2021, the contours of the looming legal battle are coming into focus.If the case reaches trial, the challenge prosecutors face will be convincing a jury that Mr. Baldwin was guilty of either the negligent use of a firearm or of acting with “total disregard or indifference for the safety of others” — even though investigators found he was told on the day of the shooting that the gun he was rehearsing with contained no live rounds, and even though the film set was not supposed to have any live ammunition at all.The challenge Mr. Baldwin’s defense team faces will be to explain why the gun fired. Mr. Baldwin has maintained all along that he did not pull the trigger that day as he rehearsed a scene in which he draws a revolver, saying that the gun discharged after he pulled the hammer back and released it. A forensic report commissioned by the prosecution determined that he must have pulled the trigger for the gun to go off, a finding that contributed to its decision to revive the criminal case against Mr. Baldwin.Legal experts were divided on the merits of reviving the case, noting that traditional gun safety rules — such as never pointing a functional gun toward someone — do not always apply on film sets, and that investigators found he had been assured by the film’s safety crew that the gun did not contain live ammunition.“The notion that you never point a gun at someone would sort of undo westerns for the past 100 years,” said Nancy Gertner, a retired federal judge.The outcome of the case at trial — the State of New Mexico vs. Alexander (Alec) Rae Baldwin — would hinge on how jurors view two key questions: Should Mr. Baldwin have known of the danger involved in his actions that day? And, using a term of art in criminal law, did he act with a “willful disregard for the safety of others”?We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    John Nichols, Author of ‘The Milagro Beanfield War,’ Dies at 83

    After decamping from New York to New Mexico, he wrote what was, for a time, among the most widely read novels about Latinos.John Nichols, a New York City transplant to New Mexico whose exuberant novels, notably “The Milagro Beanfield War,” transformed him from an urban gringo into a local idol, died on Monday at his home in Taos. He was 83.The cause was heart failure, said his daughter, Tania Harris.Imbued with a heady pedigree and a peripatetic upbringing, Mr. Nichols evolved instinctively from a cosmopolitan New Yorker and world traveler to a Western writer of the purple sage.He was best known for “The Milagro Beanfield War” (1974), a 445-page political allegory that tells the story of farmers in the fictional town of Milagro Valley who are denied the right to irrigate their farms because water is being diverted to a huge development.“The Milagro Beanfield War” became a crowd pleaser on college campuses, was venerated in his adopted state, and for a while was considered among the most widely read novels about Latinos. In 1988 it was adapted into a film, directed by Robert Redford and starring Rubén Blades, Christopher Walken and Melanie Griffith.“A lot of his work might be characterized as a long slow-motion valentine to the mountains, mesas, high desert, sky and especially people of New Mexico,” said Stephen Hull, director of University of New Mexico Press, which published Mr. Nichols’s memoir “I Got Mine: Confessions of a Midlist Writer” last year.“He was a comic writer who used tropes of absurdism and excess to depict essential injustices,” Mr. Hull said in an email. “He was deeply affected by a period of time he spent in Guatemala in ‘64-’65, and by the poverty, authenticity, even nobility of his neighbors in northern New Mexico.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Prue Leith’s 2,200-Mile Road Trip From California to Florida

    The “Great British Baking Show” judge steps out of the tent to sample the flavors of America. Is her 2,200-mile drive a showstopper or a technical challenge?​​Last fall, my husband and I set our hearts on renting an R.V. for a road trip from Los Angeles to Florida. We imagined picnicking on mountaintops in New Mexico, sleeping under the stars in Texas and barbecuing prawns (the R.V. would come with a grill, of course) on a Mississippi levee. In the end, our 2,200-mile American journey ended up being memorable, but for none of those reasons.“We can’t accept anyone over 70 with a British driver’s license,” insisted the woman on the phone. I’m 83, but in my head I’m a sprightly 60, and my husband, John, is 76. Nobody had warned us about this potential obstacle. If they had the same age cutoff for Americans, I thought, the R.V. business would collapse.We called another company. Their rep said he’d never heard of any age restriction. “No problem,” he said. “We’ve got the perfect R.V. for you.” Except it was 45 feet long. The thought of parking something the size of a London bus was too much, even for my gung-ho husband.Common sense prevailed, and we rented a Ford Explorer.New MexicoSalsa and sticker shockWe were overdue for a break. Aside from my usual job eating cake as a judge on “The Great British Baking Show,” I’d been doing trial runs of my one-woman stage show in Britain and the United States, and it had been exhausting.So, before we set off on our great adventure, we rented a mobility scooter for two and hit the boardwalk at Venice Beach, in Los Angeles. But our crawl through the deafeningly loud music, junk food and stands selling shorts emblazoned with vulgar words and messages like “Beat Me” did little to re-energize our spirits.On the day we left California, torrents of rain were falling. By the time we crossed into Arizona, the sun had exploded over the hills in a glorious display of opera lighting.We made it as far as Sante Fe, N.M., where our hotel, the Vanessie, a charming collection of wooden buildings around a courtyard was, like everywhere, suffering from a lack of staff. The single employee handed us a laminated notice: “Our restaurant, room service and bar are currently closed. A $30 service charge will be added to your bill.”Happily, Vara Vinoteca, across the street, was open. We ate tiny padrón peppers stuffed with cream cheese and cumin, tuna ceviche and pineapple salsa, and a small bowl of warm, slightly curried mussels in the shell, all served with a flight of four glasses of different California cabernet sauvignons.I’d have been happy to have all our meals in that simple little room. But Santa Fe brims with good restaurants, quirky architecture, art museums and shops stuffed with desirable things, so we set off to explore. John fell in love with a hatter’s shop, where he bought two authentic Stetsons. He also spent eye-watering amounts of money on two baseball caps for his grandsons. Is there a difference between a $41 and a $5 baseball cap? Apparently.John was equally dumbfounded at my lusting after an irresistible $150 necklace made from cut-up plastic water bottles and sprayed with red, black and gold paint. Vibrant, bouncy, light as a feather — it was a work of art. But apparently it was a piece that, at least for us, money couldn’t buy: The shop’s credit card system required a U.S. ZIP code, and cash was not accepted. We gave up.Prices constantly amazed us. The exchange rate has made the U.S. shockingly expensive for Brits, and taxes and tip on top of that? I’m already vaguely offended to be expected to tip when buying a coffee at a counter. And now with the touch screens suggesting tips of 15 percent and up, a latte feels like a major purchase. Only petrol seemed cheap, at half the U.K. price.Luis MazónTexasWhere astronauts dare to dine“Boring, flat, brown, goes on forever”: Everyone said we’d hate Texas. But we loved it. Maybe because I grew up in the wide-open spaces of South Africa, the little towns with not much more than a windmill and a church touched my heart.We stopped for lunch at Dirk’s, a Lubbock diner packed with locals eating chicken tenders, sticky ribs and burgers, all flooded with gloopy barbecue sauce and followed by doughnuts or pancakes in a lake of syrup.The waiter seemed puzzled when I asked, “Do you have any green vegetables?” Then he smiled and said, “Oh, yes, we have green beans.” They turned out to be canned beans in a cloying juice.We were also puzzled by the way American waiters routinely congratulate you on your menu choice, rewarding you with “Good choice,” “Excellent” or even “Awesome.” You want fries with that? “Awesome!”By the time we got to San Antonio, we were ready for a drink. A waterside cafe among the raised flower beds, paved walks and roving mariachi bands of the River Walk delivered first-class margaritas (freezing, salt on only one edge of the glass, not too sweet) and still-warm tortilla chips. Watching the young waiter make guacamole at a riverside table was a joy: knife razor-sharp, chile fresh, avocado and tomato perfectly ripe. And his judgment was fine — a smidge of chopped raw red onion, a decent squeeze of lime, and a generous grind of pepper and salt, all turned together gently rather than crudely mashed. I found myself eating very slowly, just to hold on to that flavor as long as possible.We had the worst meal of our whole trip not far away in the Texas Hill Country tourist town of Fredericksburg, which prides itself on its German heritage. We’d spent a happy morning touring the shops, museums and galleries of the town’s north end, and enjoyed a lunch of fried chicken sandwiches and banana walnut pancakes.So we had high hopes for the south side. But sadly its historic houses were full of tourist junk like plastic stein mugs and Barbie dolls squeezed into lederhosen. We retreated to a restaurant whose menu boasted of authentic German dishes. We were served pork chops ruined by oversweet gravy, tasteless sauerkraut, sweet and vinegary red cabbage, and potato mash obviously made with powdered mix that had not been brought to a boil. We abandoned our plates and went back to our motel to microwave emergency rations of Campbell’s tomato soup.The next day, on our way to Houston, we passed a roadside church whose huge hoarding exhorted us to “Give Up Lust — Take Up Jesus.” I thought that sign might be my most abiding memory, until I’d spent a few hours at the Space Center Houston. I never guessed I’d be so riveted by topics like the geology of the moon and how NASA astronauts train underwater.But the cafeteria! It is astonishing, the best I’ve ever seen anywhere in a public building: brioche or sourdough sandwiches, homemade soups, hot roasts and grills, fresh tortillas, a salad bar to tempt the most die-hard carnivore, and no junk food in sight. It was a long way from the usual NASA fare of freeze-dried food in pouches and tubes.Luis MazónLouisianaHow to nurse a hangoverLouisiana is famous for gumbos and étouffées, so I was expecting gastronomy as we crossed the state line and drove toward Louisiana State University’s Rural Life Museum, a Cajun heritage village in Baton Rouge. I guess I was overly optimistic. The jambalaya and blackened fish in the cafe were tasteless and dried out. I’ve had better Cajun food in London.Plantation Alley, along the Great Mississippi Road, with its half a dozen “Gone With the Wind”-style estates, now open to the public, swept me away. The most beautiful of them was Oak Alley, with its avenue of 250-year-old Southern live oaks, their branches creating a vast green tunnel. But I couldn’t understand how the magnificent trees were obviously much older than the house. It turns out that these oaks are native to the area, and had once grown all over the estate. When the house was built in 1836, enslaved workers were made to dig up 28 of the huge 60- to 70-year-old trees, with root systems equal to the size of their canopies, and replant them in an avenue down to the Mississippi levee.The Great Mississippi Road eventually leads to New Orleans and the famous French Quarter, with its balconies of elaborate wrought iron — a daytime picture of Victorian good taste. We, ignorant Brits, had no idea that at night on Bourbon Street, that “good taste” became the flavor of daiquiris, pizza and hot dogs against a backdrop of bands belting out rock ’n’ roll, small children beating dustbins, grown-ups playing jazz, and the raucous din of drunken tourists until 3 a.m.But I liked the party atmosphere, and I’m mighty partial to a daiquiri, so we set off on a pub crawl. I now know that the secret to a good mango daiquiri is fresh mango, and not bottled mango syrup. And the next morning, after one too many mango delights and little sleep, I learned that shrimp and grits, with a good grating of cheese, is the perfect hangover cure.FloridaTurkey, sweet potatoes and slice of modern EdenOur road trip ended, as it had started, at a beach. Only this one was a mercifully far cry from the Venice boardwalk.We had rented a house for the week in the small Florida Panhandle community of Seacrest Beach, on the Emerald Coast along Highway 30A. This eight-mile strip — a kind of manufactured, perfectly designed modern Eden — consists of 16 neighborhoods on white-sand beaches between Pensacola and Panama City. Developments with names like Rosemary Beach, Seagrove Beach, Alys Beach, Grayton Beach and WaterColor share the perfect sands and the desired 30A address.Everyone rides around on bikes, and perfectly tanned mothers gossip over kombucha and wheatgrass at sidewalk cafes. Even the children look straight out of an upmarket catalog.Friends of friends, on holiday, invited us to their Thanksgiving dinner — turkey with all the trimmings, sweet potatoes, pecan pie and ice cream. In thanking them, I said something about the pleasure of such generosity, family closeness and their children’s politeness. Our host laughed. It’s because we’re from the South, she said.I’m glad we failed to rent my dream Winnebago back in Los Angeles. If we’d succeeded, we’d never have experienced a traditional American family Thanksgiving. We’d have been in a trailer park, eating takeout. Thank you, Lady Luck.Follow New York Times Travel on Instagram and sign up for our weekly Travel Dispatch newsletter to get expert tips on traveling smarter and inspiration for your next vacation. Dreaming up a future getaway or just armchair traveling? Check out our 52 Places to Go in 2023. More

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    ‘Rust’ Armorer Transferred Narcotics on Day of Shooting, Prosecutor Says

    A new charge of evidence tampering was announced as a departing investigator accused the Santa Fe County Sheriff’s Office of “reprehensible and unprofessional” conduct.The original armorer on the film “Rust,” who was charged with involuntary manslaughter after a gun that was loaded with live ammunition fired on the set and killed the cinematographer, will face an additional charge of evidence tampering related to narcotics, a special prosecutor in the case said Thursday.The new charge against the armorer, Hannah Gutierrez-Reed, “relates to the transfer of narcotics to another person” on Oct. 21, 2021, the day of the shooting, “with the intent to prevent criminal prosecution,” the prosecutor, Kari T. Morrissey, said in a statement. A lawyer for Ms. Gutierrez-Reed said that she intended to plead not guilty to both the evidence tampering and the involuntary manslaughter charges.The additional charge was announced as tensions between prosecutors and the Santa Fe County Sheriff’s Office over the case began to spill into public view. An investigator who was removed from the case after working on it for months for the district attorney’s office sharply criticized the sheriff’s office earlier this week in an email to prosecutors.“The conduct of the Santa Fe County Sheriff’s Office during and after their initial investigation is reprehensible and unprofessional to a degree I still have no words for,” the investigator, Robert Shilling, wrote in the email he sent Tuesday. “Not I or 200 more proficient investigators than I can/could clean up the mess delivered to your office in October 2022 (1 year since the initial incident … inexcusable).”Mr. Shilling declined to elaborate on the email on Thursday, writing that he was bound by a nondisclosure agreement. Juan Rios, a spokesman for the sheriff’s office, declined to comment on the criticism.Mr. Shilling, an independent contractor for the district attorney’s office who has reported to Ms. Morrissey in recent months, had made the criticism in a note in which he addressed a decision to take him off the case and submitted a notice to terminate his own contract. The email was provided to The New York Times on Thursday in response to a public records inquiry.The case has faced numerous complications since a gun that the actor Alec Baldwin was practicing with on the set of “Rust” went off in 2021, killing the film’s cinematographer, Halyna Hutchins, and wounding its director, Joel Souza.The original prosecution team initially charged Mr. Baldwin with involuntary manslaughter. But that charge was later dropped after a new team reviewed evidence suggesting that the gun he was practicing with had been modified. The special prosecutor who initially helped lead the case had stepped down after her appointment was challenged on legal grounds, and the district attorney in charge of the case, Mary Carmack-Altwies, then stepped back and appointed Ms. Morrissey and Jason Lewis as new special prosecutors.The email from Mr. Shilling, the former chief of the New Mexico State Police, was sent to Ms. Morrissey, Ms. Carmack-Altwies, another member of the district attorney’s office and, improbably, to Jason Bowles, a lawyer for Ms. Gutierrez-Reed. (Mr. Shilling said he had sent the note to Mr. Bowles by mistake because he has the same first name as one of his supervisors. He called his email “unprofessional,” noting that “the victim deserved better.”)On Thursday, Mr. Bowles said in a statement that the announcement of the additional charge after 20 months of investigation with no prior notice to his client was “shocking,” and noted that it came on the heels of the state’s lead investigator “raising serious concerns about the investigation in an email.”“This stinks to high heaven,” Mr. Bowles said.Of the narcotics allegation, Mr. Bowles said in the statement that he hadn’t seen any facts or witnesses statements backing it.Mr. Bowles called the email exchange “beyond troubling” in court papers he filed Thursday afternoon to bolster his request that the case be dismissed, saying that he was concerned that he had initially been asked to erase the erroneously sent email. He asked the judge to require that Mr. Shilling and the prosecutors produce all communications between them.In her statement, Ms. Morrissey defended the integrity of law enforcement’s investigation, writing, “We disagree with Mr. Shilling’s evaluation that any gaps in the investigation conducted by the Santa Fe County Sheriff could not be cured and we are diligently working with the sheriff’s department and our own investigative team to conduct any necessary follow-up that we, as special prosecutors, deem necessary.” More

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    Prosecutor Behind ‘Rust’ Charges Steps Aside, Appointing Replacements

    The involuntary manslaughter case against Alec Baldwin has suffered setbacks, and now the district attorney has withdrawn from the case and named two special prosecutors.The district attorney who brought involuntary manslaughter charges against Alec Baldwin in the fatal shooting of a cinematographer on the “Rust” film set in New Mexico is stepping away from the case, her office announced Wednesday, as she named two new special prosecutors to handle the case.The district attorney of Santa Fe County, Mary Carmack-Altwies, had been the face of the prosecution since the beginning. But in recent weeks the case has faced a couple of setbacks: Prosecutors downgraded the charges Mr. Baldwin faces after his lawyers noted that the law he was initially charged under was not passed until after the fatal shooting, and the special prosecutor who was originally named to help with the case, Andrea Reeb, decided to step down after her appointment was challenged in court.The appointment of Ms. Reeb was initially challenged by lawyers for Mr. Baldwin, who argued that it violated the New Mexico Constitution for her to serve as a special prosecutor and a New Mexico legislator at the same time. (She was also an elected member of the state’s House of Representatives.)A lawyer for Hannah Gutierrez-Reed, the original armorer on the film “Rust,” who was also charged with involuntary manslaughter in the fatal Oct. 21, 2021, shooting of the cinematographer, Halyna Hutchins, then raised another issue.The lawyer, Jason Bowles, argued that if Ms. Carmack-Altwies — who had said she needed help prosecuting such a high-profile case — wanted to appoint a new special prosecutor, the law required her to recuse herself from the case entirely. The judge hearing the case agreed, and Ms. Carmack-Altwies was left with the choice to either hire legal help and stay on the case or step back from it and let a new special prosecutor act.She chose to step back, announcing on Wednesday that she would be appointing two New Mexico lawyers, Kari Morrissey and Jason Lewis, as special prosecutors.“My responsibility to the people of the First Judicial District is greater than any one case, which is why I have chosen to appoint a special prosecutor in the ‘Rust’ case,” Ms. Carmack-Altwies said in a statement. “Kari Morrissey and Jason Lewis will unflinchingly pursue justice in the death of Halyna Hutchins.”Now, the case will move forward without either of the prosecutors who made the decision to charge Mr. Baldwin and Ms. Gutierrez-Reed with involuntary manslaughter, and who reached a plea deal with Dave Halls, the movie’s first assistant director, who had oversight of safety on set. More

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    Sheriff Delivers Results of ‘Rust’ Shooting Investigation to Prosecutors

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

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    ‘Rust’ Production Appeals Fine for Cinematographer’s Death

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