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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 minute ago, sblfilms said:

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.

Yeah I'm not gonna litigate the case with you... I'm not a lawyer. I DO know that THAT is going to be his defense or at least part of it. One thing I do believe is that he pulled the trigger whether he believed it was real or fake.  He had a reasonable expectation to believe it was a safe gun because he was TOLD it was and according to him, the DP who was shot, TOLD him to point the gun at the camera. The director was there as well and I believe he was shot in the shoulder and he's been REALLY quiet so i'd be curious to hear what he was to say. I think the prosecutors are gonna have a hard time with this one but again... I'm not a lawyer.

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11 minutes ago, sblfilms said:

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 

 

I understand the charge. I just don't understand how it would hold weight in any trial, assuming it ever even goes that far. It seems really easy to rip apart at trial. "I thought it was a prop gun full of prop ammo because that's what I was told it was safe". Then the defense can swing out a b-roll of every other film featuring an actor pointing a gun directly at the camera.

 

To me, this is the equivalent of charging the guy swinging the stick here with murder if the person in charge of making sure the stunt woman was actually tied in didn't do their job and she was clocked right in the face.

 

 

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This lawyer gives a good explanation of why the charge is warranted based even just on the claims of Baldwin.

 

 

cbsn-fusion-legal-analysis-thumbnail-163
WWW.CBSNEWS.COM

Actor Alec Baldwin will be charged with involuntary manslaughter in connection with the deadly 2021 shooting of cinematographer Halyna Hutchins on the New Mexico set of the movie "Rust," prosecutors announced Thursday. Attorney Rachel Fiset, co-founder and managing partner of Zweiback, Fiset and Zalduendo LLP, breaks down the details of the case.

 

17 minutes ago, Ghost_MH said:

I understand the charge. I just don't understand how it would hold weight in any trial, assuming it ever even goes that far. It seems really easy to rip apart at trial. "I thought it was a prop gun full of prop ammo because that's what I was told it was safe". Then the defense can swing out a b-roll of every other film featuring an actor pointing a gun directly at the camera.

 

You do not understand the charge if you think this is some un-winnable case :p And he didn't think it was a prop, he knew it was a real gun from his own words in a TV interview with ABC News. The question is actually very simply: is it reasonable for a person to point a real gun at another human being and pull the trigger simply because a third party told them it was safe to do so? The interviewer in the clip I posted brought up exactly the scenario I was thinking of. Imagine this isn't a movie set, but instead you're at a shooting range and the gun safety instructor tells you the firearm you are holding is not loaded. If you point it at somebody and shoot them, are you not responsible for their death just because somebody told you it was safe? Or are there standards of safety with firearms that would preclude a reasonable person from pointing a real gun at a person regardless of whether you believe it is unloaded.

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  • 1 month later...
64817637_6.jpg
WWW.DW.COM

The producers of the movie have been fined for "serious" safety breaches, which led to the fatal shooting of cinematographer Halyna Hutchins last year. Actor Alec Baldwin has been charged with involuntary manslaughter.

 

I guess this doesn't come as that much of a surprise anymore after the previous lawsuit already showed the way this all is probably gonna go ...

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  • 1 month later...

Back to work, people!

 

0fb1b46039234aaa8ad7baa0723dbb11_xl.jpg
WWW.TMZ.COM

Alec Baldwin and the cast and crew for the "Rust" movie will all be back on set tomorrow, more than a year after cinematographer Halyna Hutchins was shot and killed during...

I am kind of surprised they're going on with this. I have to wonder if some exec actually said that someone being killed might garner more interest for this movie or if it just was an unspoken sentiment in the meeting room? 

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Prosecutors plan to dismiss charges against Alec Baldwin in ‘Rust’ shooting, Baldwin’s attorney tells CNN

220120163711-alec-baldwin-dec-2021.jpg?c
WWW.CNN.COM

Prosecutors in the "Rust" fatal shooting case plan to file a notice to dismiss involuntary manslaughter charges against Alec Baldwin, his attorney, Luke...

 

 

We'll see...

 

 

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19 minutes ago, skillzdadirecta said:

Prosecutors plan to dismiss charges against Alec Baldwin in ‘Rust’ shooting, Baldwin’s attorney tells CNN

220120163711-alec-baldwin-dec-2021.jpg?c
WWW.CNN.COM

Prosecutors in the "Rust" fatal shooting case plan to file a notice to dismiss involuntary manslaughter charges against Alec Baldwin, his attorney, Luke...

 

 

We'll see...

 

 


They should. While he definitely broke the law as written, there is case law in NM that alters it and the holding in those cases would make it invalid to apply to Baldwin based on the claims of the prosecutor themselves at that press conference they held a while back.

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3 minutes ago, BloodyHell said:

I agree with this. The armorer deserves prison, but this seemed politically motivated, with one of them even mentioning it would help their political career.

I don't know if the armorer deserves prison but she's definitely responsible.  The A.D. was the one that broke protocol and then turned around to become the key witness for the prosecution.  He was ultimately the one at fault and should never work again. But yeah this prosecution was politically motivated and was stupid to begin with. 

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34 minutes ago, skillzdadirecta said:

I don't know if the armorer deserves prison but she's definitely responsible.  The A.D. was the one that broke protocol and then turned around to become the key witness for the prosecution.  He was ultimately the one at fault and should never work again. But yeah this prosecution was politically motivated and was stupid to begin with. 

The AD probably shouldn’t have gotten off, but as I understand, the armorer is responsible for every weapon and bullet on the set at all times? They are supposed to have full control of the situation so this doesn’t happen, because it’s not up to cast and other crew to understand these things. Or at least I was led to understand. Is that not true?

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3 minutes ago, BloodyHell said:

The AD probably shouldn’t have gotten off, but as I understand, the armorer is responsible for every weapon and bullet on the set at all times? They are supposed to have full control of the situation so this doesn’t happen, because it’s not up to cast and other crew to understand these things. Or at least I was led to understand. Is that not true?

It's true but the AD broke protocol by grabbing the weapon himself bypassing the armorer and handing it to Baldwin without the armorer being present. He then told Baldwin the gun was safe when he wasn't qualified to do so.

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Just now, skillzdadirecta said:

It's true but the AD broke protocol by grabbing the weapon himself bypassing the armorer and handing it to Baldwin without the armorer being present. He then told Baldwin the gun was safe when he wasn't qualified to do so.

What a ridiculous and completely preventable death…

  • True 1
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2 hours ago, skillzdadirecta said:

Now how a live bullet got on set is TOTALLY on the armorer. 

I’d say this is shocking, but its not, people are awful. All they had to do was their jobs and a woman lives and a movie gets panned probably, and the world could have gone on like normal.

 

Just the bare minimums, that’s it. 

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  • 5 months later...
  • 4 months later...
  • 1 month later...
ABCNEWS.GO.COM

"Rust" armorer Hannah Gutierrez has failed to accept responsibility for her actions in the on-set shooting in jail calls following her conviction, prosecutors claim.

 

 

Quote

In a response filed on Friday, prosecutors said they opposed a conditional discharge due to Gutierrez's "complete and total failure to accept responsibility for her actions." They argued that her jail calls since being incarcerated demonstrated that she "continues to deny responsibility and blame others," including the paramedics who attempted to save Hutchins.

 

Prosecutors claim she has complained about the negative effects of the incident during the calls "while never expressing genuine remorse at any time." Gutierrez reportedly referred to the jurors in her trial as "idiots" and "a-------" and complained about the length of time they deliberated for, according to summaries of the jail calls provided by prosecutors.

 

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