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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    The involuntary manslaughter case against Alec Baldwin has suffered setbacks, and now the district attorney has withdrawn from the case and named two special prosecutors.The district attorney who brought involuntary manslaughter charges against Alec Baldwin in the fatal shooting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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    Alec Baldwin Will Be Charged With Involuntary Manslaughter in ‘Rust’ Killing

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

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

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

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

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

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    Alec Baldwin 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

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    Family of Slain ‘Rust’ Cinematographer Weighs Wrongful-Death Lawsuit

    Lawyers for the family of Halyna Hutchins, the cinematographer fatally shot by Alec Baldwin on the set of the movie “Rust” last year, filed a petition this week to appoint a representative for Hutchins’s estate who will consider whether to file a wrongful-death lawsuit.Ms. Hutchins was killed when the old-fashioned revolver Mr. Baldwin was practicing with on the film set in New Mexico, which he had been told did not contain live ammunition, fired a live bullet, hitting her and the movie’s director, Joel Souza, who survived.According to the petition, which was filed in state court in New Mexico on Wednesday, lawyers for Ms. Hutchins’s widower and son asked the court to appoint Kristina Martinez, a lawyer in Santa Fe, to represent the cinematographer’s estate “solely for the purpose of investigating and pursuing a lawsuit under the New Mexico Wrongful Death Act.” The court filing did not specify who would be named as a defendant should a lawsuit be filed.Ms. Hutchins’s widower, Matthew Hutchins, and her 9-year-old son both support the petition to name a representative of Ms. Hutchins’s estate, the filing said.Randi McGinn, a lawyer representing the Hutchinses, said the process of appointing a representative was specific to a state law in New Mexico. Under the statute, any money granted in the lawsuit would be split between Mr. Hutchins and his son, she said.Ms. Hutchins, who was 42 and originally from Ukraine, was an up-and-coming cinematographer whom friends described as talented, spirited and deeply committed to her work.In the aftermath of the deadly shooting on Oct. 21, several members of the film’s crew have filed lawsuits against Mr. Baldwin and others associated with the production. Mr. Baldwin, who was starring in the western and was also a producer on it, asserted in a television interview that he was not responsible for the fatal shooting and said that he had not pulled the trigger, suggesting that the gun could have gone off after he pulled back the hammer. His lawyers filed a motion on Monday calling for a lawsuit filed against him by the film’s script supervisor, Mamie Mitchell, to be dismissed.Officials in New Mexico are still examining how a live bullet got on set and then into the gun that Mr. Baldwin was practicing with and whether anyone should be held criminally responsible. More

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    Alec Baldwin Turns Over His Phone in ‘Rust’ Investigation

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

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    Alec Baldwin Will Turn in Phone to Investigators This Week, Lawyer Says

    The sheriff’s office in Santa Fe said nearly a month had elapsed since a search warrant was issued for the phone, but it had not yet been surrendered.A lawyer for Alec Baldwin said on Thursday that the actor would turn over his cellphone “this week” to authorities investigating his fatal shooting of a cinematographer on the set for the film “Rust,” nearly a month after detectives secured a search warrant for the device.The pledge came hours after the Santa Fe County Sheriff’s Office — which is investigating the shooting — had released a statement pointedly noting that the warrant had been obtained on Dec. 16 but that “to date, the cellphone has not been turned over to authorities.”Mr. Baldwin’s lawyer, Aaron Dyer, said in a statement that he and his client had reached an agreement with officials in Santa Fe County last weekend regarding the actor’s phone and that they were finalizing logistics with the authorities in New York, where Mr. Baldwin has a home.“Ever since this tragic incident, Mr. Baldwin has continued to cooperate with the authorities, and any suggestion to the contrary is simply untrue,” Mr. Dyer said in the statement. “We requested that the authorities obtain a warrant so that we could protect his privacy on other matters unrelated to ‘Rust’ and have been working through that process.”After media outlets reported last week that investigators did not yet have Mr. Baldwin’s phone, weeks after a judge in New Mexico approved the warrant request, Mr. Baldwin posted a video of himself on Instagram saying he was complying but that the process was taking time. He suggested that he was concerned about maintaining his privacy, saying, “They can’t just go through your phone and take, you know, your photos or your love letters to your wife or what have you.”Officials in Suffolk County, New York, said last week that they were also involved in facilitating the phone’s transfer to the authorities.In a television interview last month, Mr. Baldwin fiercely insisted that he was not to blame in the shooting that killed the cinematographer of the film, Halyna Hutchins, and injured the director, Joel Souza. He said that when the gun went off, he had been practicing drawing it from his shoulder holster and that he had not pulled the trigger; he said he had not fully cocked the hammer of the gun, an old-fashioned revolver, but had pulled it back as far as he could and let it go in an action that might have set it off.Mr. Baldwin said in the TV interview that he did not know how live rounds got on the set of the western, a question at the center of the authorities’ investigation in Santa Fe. More