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Update: New Mexico issues "maximum" fine to Rust production company after report finds "serious and willful" safety violations


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  • 1 month later...
13 minutes ago, skillzdadirecta said:
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DEADLINE.COM

The police investigation into what really went down on the set of Rust in October 2021 when Alec Baldwin shot and killed cinematographer Halnya Hutchins is still ongoing, but today the armorer in t…

 

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You miss all the shots you don’t take, which I suppose is not the MOST tasteful comment in this situation. :p

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  • 1 month later...
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WWW.NPR.ORG

The arbitration demand provides the fullest accounting yet of the accidental shooting of cinematographer Halyna Hutchins from Baldwin's perspective.
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Lawyers for Alec Baldwin have filed an arbitration demand against the other producers of the film Rust, arguing that Baldwin's contract as a producer includes language that protects him from responsibility for any costs or claims against him. He also seeks coverage of his legal fees.

 

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  • 1 month later...
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WWW.BBC.COM

A report criticises the makers of a film whose cinematographer was accidentally shot by Alec Baldwin.

 

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The producers of a film whose cinematographer was accidentally shot dead on set by Alec Baldwin have been fined and strongly criticised by authorities for failing to follow safety guidelines.

 

The makers of Rust showed "plain indifference to recognised hazards associated with use of firearms on set", according to the New Mexico Environment Department.

 

The agency has issued the maximum $136,793 (£105,000) fine to Rust Movie Productions.

 

New Mexico Environment Department cabinet secretary James Kenney said: "There were several management failures and more than sufficient evidence to suggest that if standard industry practices were followed, the fatal shooting of Halyna Hutchins and the serious injury to Joel Sousa would not have occurred.

 

"Through our investigation, we determined that Rust Productions' failures were both serious and wilful."

 

He added: "The bottom line here is that it was the employers' obligation to follow national standards, and that did not happen on the set of Rust.

"While this concludes our OSHA [Occupational Safety and Health Administration] investigation into this matter, I understand law enforcement is continuing its criminal investigation.

 

 

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  • Commissar SFLUFAN changed the title to Update: New Mexico issues "maximum" fine to Rust production company after report finds "serious and willful" safety violations
  • 6 months later...
  • 2 weeks later...

My brother in law that worked as a police officer all the way up to police chief in the Santa Fe area got into town today and I asked him if he’s heard anything about the case. Apparently he was being recruited by the state to work for the AG’s office as a special investigator, but got spooked by some of the politics involved as he has some business interests he was concerned might be harmed if he didn’t produce a particular result.

 

But he did find out a lot about what is going on behind the scenes and his belief is the end result will be a plea deal for Baldwin, the Armorer, the AD, and one other person for misdemeanor reckless handling of a firearm (or something like that) as they want to be able to say they applied the law properly, but also not rock the boat with the film industry by pursuing felony charges due to an on set accident.

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On 11/20/2022 at 7:35 PM, sblfilms said:

 

But he did find out a lot about what is going on behind the scenes and his belief is the end result will be a plea deal for Baldwin, the Armorer, the AD, and one other person for misdemeanor reckless handling of a firearm (or something like that) as they want to be able to say they applied the law properly, but also not rock the boat with the film industry by pursuing felony charges due to an on set accident.

Sounds about right.

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  • 1 month later...
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WWW.TODAY.COM

The film's armorer, Hannah Gutierrez-Reed, will also face involuntary manslaughter charges.

 

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New Mexico First Judicial District Attorney Mary Carmack-Altwies announced Jan. 19 Baldwin and the film's armorer, Hannah Gutierrez-Reed, will be charged with two counts of involuntary manslaughter.

 

“After a thorough review of the evidence and the laws of the state of New Mexico, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the ‘Rust’ film crew,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”

 

Other information is limited right now.

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I mentioned my brother in law was being asked to possibly be the lead investigator for the DA on this, but he was not super thrilled about the political factions developing around it. There were two pretty distinct groups forming, the “let’s show this Hollywood lib what’s what”, and the “we need to protect the film industry” side.

 

I guess we know which side won

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14 minutes ago, sblfilms said:

I mentioned my brother in law was being asked to possibly be the lead investigator for the DA on this, but he was not super thrilled about the political factions developing around it. There were two pretty distinct groups forming, the “let’s show this Hollywood lib what’s what”, and the “we need to protect the film industry” side.

 

I guess we know which side won

Sounds about right... I'm really surprised that he got charged. I doubt he will be convicted but either way, New Mexico's film and TV productions are about to drop big time. I know the armorer was charged as well, was the 1st AD charged? This seems pretty political... they aren't even going to issue arrest warrants.

 

EDIT: So the 1st AD wasn't charged??? Holy shit... from what it sounds like it was HIS fault! He was the one that broke protocol. This sound spolitical as hell.

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15 minutes ago, sblfilms said:

I mentioned my brother in law was being asked to possibly be the lead investigator for the DA on this, but he was not super thrilled about the political factions developing around it. There were two pretty distinct groups forming, the “let’s show this Hollywood lib what’s what”, and the “we need to protect the film industry” side.

 

I guess we know which side won

I replied to this in the other thread, but I agree this seems very political. I can't seem him being personally responsible... as a producer? Yes. I doubt he's going to get convicted.

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10 minutes ago, skillzdadirecta said:

I replied to this in the other thread, but I agree this seems very political. I can't seem him being personally responsible... as a producer? Yes. I doubt he's going to get convicted.


I think what my BIL suggested previously is the end result, a plea down to a misdemeanor reckless handling of a firearm or something similar.

 

But I do think after reading so many takes from people in the industry, it’s way past time to fundamentally change weapons handling on sets. The idea that you would *ever* take the word of another person that a firearm isn’t loaded is the antithesis of every basic firearm training you’ll ever do. And literally any situation in which you need to point a firearm at another person on set, it should be a non-functional replica. Zero reason to ever have a person shot and killed on a movie set.

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26 minutes ago, sblfilms said:


I think what my BIL suggested previously is the end result, a plea down to a misdemeanor reckless handling of a firearm or something similar.

 

But I do think after reading so many takes from people in the industry, it’s way past time to fundamentally change weapons handling on sets. The idea that you would *ever* take the word of another person that a firearm isn’t loaded is the antithesis of every basic firearm training you’ll ever do. And literally any situation in which you need to point a firearm at another person on set, it should be a non-functional replica. Zero reason to ever have a person shot and killed on a movie set.

It sounds like there was definitely a breakdown in protocol on this set... I don't think you want to make actors responsible for checking weapons though for a whole HOST of reasons. This set sounds like a shit show and Baldwin's liability to me seems to come with his role as a producer not as an actor. If he was being charged as a producer, I could understand and if that's the case, he and a bunch of other producers and the director should be charged too. The guy who actually broke set protocol and handed Baldwin the gun and told him it was a cold gun plead out and is probably going to testify against the production :|

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5 minutes ago, skillzdadirecta said:

I don't think you want to make actors responsible for checking weapons though for a whole HOST of reasons.


The person holding the firearm is always responsible for it, that’s legit the first thing you’ll learn in a firearm safety course. You aren’t even supposed to to trust yourself that a gun isn’t loaded, hence not pointing it at another person ever unless your intent is to shoot them.
 

Which is why it makes most sense to just use replica firearms on movie sets. 

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3 minutes ago, sblfilms said:


The person holding the firearm is always responsible for it, that’s legit the first thing you’ll learn in a firearm safety course. You aren’t even supposed to to trust yourself that a gun isn’t loaded, hence not pointing it at another person ever unless your intent is to shoot them.

Yes but it was supposed to be a prop gun. If you make actors responisible for firearm safety on set then you are making them liable as well or at least increasing their exposure to liability and nobody wants that. Actors should not be required to check weapons on set when their are professionals there whose SOLE JOB is to do that. You introduce that responsibilty to actors on set and I guarantee you will have MORE problems on set, not less.

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Just now, skillzdadirecta said:

Yes but it was supposed to be a prop gun. If you make actors responisible for firearm safety on set then you are making them liable as well or at least increasing their exposure to liability and nobody wants that. Actors should not be required to check weapons on set when their are professionals there whose SOLE JOB is to do that. You introduce that responsibilty to actors on set and I guarantee you will have MORE problems on set, not less.


There is nothing in the reporting that suggests he didn’t know it was a real gun, he just believed it wasn’t loaded because the. You don’t have to be a professional to know to treat every gun as if it were loaded. Baldwin didn’t, and a person is dead because he didn’t treat a gun with the care you should. 
 

Don’t have real guns on movie sets, problem solved.

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15 hours ago, SoberChef said:

Armorer will get actual jail time w/ more than likely considerable post-incarceration supervision. Alec on the other hand will get a hefty fine, maybe just MAYBE a bit of probation but I doubt it.

Neither of them are getting jail time. The prosecutor has no idea how the bullets got on set and is basically saying it doesn't matter WHEN IT TOTALLY MATTERS. Defense attorneys are chomping at the bit to get on this. Hell this thing may not even got to trial. In my opinion this is a classic case of prosecutorial over charging. How in the hell are you going to charge Baldwin as a producer but not charge the other producers? And you cut a deal with the guy who actually broke procedure and gave him the gun without the armorer's knowledge and told Baldwin that it was a cold gun? All this is going to do is make productions not want to film in New Mexico because of over zealous Prosecutors looking to score points in the culture war. The Armorer will probably never work on a set again though.

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1 hour ago, skillzdadirecta said:

WHEN IT TOTALLY MATTERS


It most certainly does not with regard to Baldwin. 
 

Per the state of New Mexico criminal code

 

Quote

Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.


Baldwin’s non-felony unlawful act is reckless handling of a firearm, which pointing it in the direction of other people and pulling the trigger of a firearm is a classic case of recklessness.

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5 minutes ago, sblfilms said:

Baldwin’s non-felony unlawful act is reckless handling of a firearm, which pointing it in the direction of other people and pulling the trigger of a firearm is a classic case of recklessness.

Sure and what's unclear and what Defense attorneys are going to have a field day with is whether or not he KNEW it was an actual functioning gun and not a prop gun since he was you know, on a movie set. i don't know if he knew or not... that's the case his Attorneys are going to make I'm sure. We'll see if this is even going to make it to trial which I'm not sure if it will. A better use of the prosectors' time and what would have made more sense would be to charge Baldwin and the WHOLE producing team with reckless endangerment since it's pretty clear that set was unsafe and run recklessly. CHarging him as an actor who was relying on the expertise of others is... questionable.

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9 minutes ago, skillzdadirecta said:

Sure and what's unclear and what Defense attorneys are going to have a field day with is whether or not he KNEW it was an actual functioning gun and not a prop gun since he was you know, on a movie set. i don't know if he knew or not... that's the case his Attorneys are going to make I'm sure. We'll see if this is even going to make it to trial which I'm not sure if it will. A better use of the prosectors' time and what would have made more sense would be to charge Baldwin and the WHOLE producing team with reckless endangerment since it's pretty clear that set was unsafe and run recklessly. CHarging him as an actor who was relying on the expertise of others is... questionable.

 

I'll add to this that I don't understand how they'd prove that even if Baldwin knows the gun was real and even if he saw it was loaded, that he'd ever think there was real ammo and not blanks in there after specifically being told the gun was safe.

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2 minutes ago, Ghost_MH said:

 

I'll add to this that I don't understand how they'd prove that even if Baldwin knows the gun was real and even if he saw it was loaded, that he'd ever think there was real ammo and not blanks in there after specifically being told the gun was safe.

Exactly. And what's worse is the guy who broke procedure and gave him the gun when he wasn't supposed to and told him it was safe cut a deal and is a witness for the prosecution and is NOT being charged :| 

 

It's all for show anyway. No arrest warrants are going out and they just have to show up for their hearings and they can even do that remotely. This is all some prosecutors in New Mexico looking for national noteriety on what they think is an easy target.

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19 minutes ago, skillzdadirecta said:

Sure and what's unclear and what Defense attorneys are going to have a field day with is whether or not he KNEW it was an actual functioning gun and not a prop gun since he was you know, on a movie set. i don't know if he knew or not... that's the case his Attorneys are going to make I'm sure.


From his own mouth he said on ABC News that he never pulled the trigger, because his training told him never to point a gun at a person and pull the trigger. He knew it was a real gun, he didn’t think it was loaded, and he claims the gun fired when he pulled the hammer back and let go if it. He isn’t denying the facts that make it reckless handling of a firearm, he is just saying that movie sets are some special exception to the law because another reposible party within the framework of filmmaking told him something incorrect. The norms of movie sets don’t matter.

 

15 minutes ago, Ghost_MH said:

 

I'll add to this that I don't understand how they'd prove that even if Baldwin knows the gun was real and even if he saw it was loaded, that he'd ever think there was real ammo and not blanks in there after specifically being told the gun was safe.

 

I don’t know how many more times I have to say that it is completely irrelevant to an involuntary manslaughter charge whether or not a third party said the gun was loaded. You aren’t even supposed to take your own word for it with regard to the idea that a firearm is “safe” to point in the direction of another person :p 

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