Alec Baldwin - Halyna Hutchins death - Update - Rust armourer guilty of Halyna Hutchins' death

This is getting off-topic, and I don’t want to get into a gun debate, but your comment was about “most Americans”. Your link doesn’t reference “most Americans”. The article references the tragedies which are in the news.

If you say so.

Hollywood actor Alec Baldwin will make his first appearance in a US court on 24 February at 10am local time for his arraignment hearing over the fatal shooting of cinematographer Halyna Hutchins.

Baldwin, 64, faces two counts of involuntary manslaughter stemming from the incident on the set of the Rust movie in October 2021. He was formally charged with the offences by the Santa Fe District Attorney’s office on Tuesday, alongside the film’s armourer, Hannah Gutierrez-Reed.

The Press Association news agency has said it understands the hearing is likely to be virtual.

Both Baldwin and Gutierrez-Reed will be “charged in the alternative” with the two counts of manslaughter, meaning that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty, the DA’s office said previously.

The first charge can be referred to as involuntary manslaughter and requires proof of underlying negligence. This charge also includes the misdemeanour charge of negligent use of a firearm, which would likely merge as a matter of law.

The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death.

Under New Mexico law, both charges are a fourth-degree felony and are punishable by up to 18 months in jail and a $5,000 (£4,000) fine.

The second charge includes a firearm enhancement or added mandatory penalty, which makes the crime punishable by a mandatory five years in jail.

AFAIK, a formality only.

The family of a cinematographer who was fatally shot by Alec Baldwin on the set of a movie has filed a new civil suit against the actor and producers involved in the film. The family has been “devastated by the shocking killing” of Ms Hutchins, their attorney Gloria Allred said.

The suit, which alleges intentional infliction of emotional distress and negligence, is being brought in Los Angeles County Superior Court by Ms Hutchins’ mother, father and sister, who are living in Ukraine, Ms Allred said during a news conference on Thursday.

The new lawsuit filed on Thursday is aimed at providing “accountability and justice” not only for Ms Hutchins’ husband and son, but her parents and sister as well, Ms Allred said.

Ms Hutchins’ family has had to cope with the loss while living in Ukraine during the war, Ms Allred said. Ms Hutchins’ mother, she said, is working as an emergency operating room nurse in a hospital tending to those injured in the war.

An “opportunist” lawsuit … :question:

Alec Baldwin has pleaded not guilty to involuntary manslaughter for the fatal shooting of cinematographer Halyna Hutchins on the set of the movie Rust.

The 30 Rock actor entered his plea online and also waived his right to a virtual court hearing set for Friday.

Hannah Gutierrez-Reed, the film’s armorer who was responsible for weapons on set, is also accused of involuntary manslaughter.

Prosecutors say Ms Gutierrez-Reed, 25, failed to ensure that dummy bullets were loaded into the gun that killed Ms Hutchins, 42.

She is due to make a court appearance on Friday afternoon.

It is a statement from SAG-AFTRA dated 19th January this year. SAG-AFTRA is the Screen Actors Guild and the American Federation of Television and Radio Artists. A VERY powerful union in the USA.

SAG-AFTRA Statement on Rust Charges

LOS ANGELES, CA - Jan. 19, 2023 - SAG-AFTRA released the following statement on today’s news regarding charges in the Rust tragedy.

"The death of Halyna Hutchins is a tragedy, and all the more so because of its preventable nature. It is 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. An actor’s job is not to be a firearms or weapons expert. Firearms are provided for their use under the guidance of multiple expert professionals directly responsible for the safe and accurate operation of that firearm. In addition, the employer is always responsible for providing a safe work environment at all times, including hiring and supervising the work of professionals trained in weapons.

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Baldwin will do all that money will permit to avoid culpability or blame:

A group of producers — a few whose track records included opaque financing, withholding payments and dangerous on-set working conditions — mount a Western movie on which their star and fellow producer accidentally shoots to death the cinematographer midway through filming. We’ve learned he (Baldwin) will soon be charged with involuntary manslaughter, alongside the inexperienced and overwhelmed young armorer they hired to mind the guns (both have indicated they will contest the charges). Meanwhile, the assistant director, who’d been subject to prior safety and other workplace complaints, including on one of the producers’ previous projects, signs a plea agreement for the charge of negligent use of a deadly weapon.

Mary Carmack-Altwies, the district attorney who serves Santa Fe County, is no doubt aware the producers — who include Baldwin, Ryan Donnell Smith, Ryan Winterstern, Nathan Klingher, Anjul Nigam and Baldwin’s manager Matt DelPiano — insulated themselves from the law long before the death of the cinematographer, Hayla Hutchins. As is routine in Hollywood, the production established a special-purpose LLC, Rust Movie Productions, to do business. Its main purpose is as a financial instrument.

But it not incidentally provides those who run the organization with an impressive shelter from statutory consequence for doing so. As the veteran entertainment attorney Bryan Sullivan, who regularly works with independent productions as their legal strategist in business affairs, put it to The Hollywood Reporter this past fall, “the whole point of creating [RMP] is for liability purposes.”

The rest of the article reveals why the producers have no stewardship duty.

Of course, “justice” may prevail but it seems unlikely.

Gutierrez-Reed’s lawyer did not enter a plea, but requested the former “Rust” armorer be allowed to possess a firearm in her home. Gutierrez-Reed has received threats to her safety since the sheriff’s department released private information including her phone number, according to attorney Jason Bowles. The attorney also claimed the armorer has had a stalker.

The idea was opposed by the prosecution due to Gutierrez-Reed’s “sloppy mishandling” of a firearm on the set of “Rust.” However, the judge ruled Gutierrez-Reed would be allowed to have a firearm at her residence for her protection.

Gutierrez-Reed - who was charged with two counts of involuntary manslaughter in connection to the death of cinematographer Halyna Hutchins - was released on her own recognizance.

Up next for Baldwin and Gutierrez-Reed in the legal process is the preliminary hearing. No date has been set yet. A preliminary hearing typically occurs in lieu of a grand jury. The judge will decide if there is probable cause or sufficient evidence to move forward with the charges against Baldwin.

The charges could still be dropped … :thinking:

Three “Rust” crew members sued Alec Baldwin and the film’s producers on Monday, alleging they have suffered anxiety and symptoms of post-traumatic stress disorder as a result of the shooting death of the film’s cinematographer.

The three crew members were in the church building at the Bonanza Creek Ranch near Santa Fe, N.M., when Baldwin’s gun fired, striking cinematographer Halyna Hutchins and director Joel Souza. Baldwin has denied pulling the trigger, though prosecutors have charged him with involuntarily manslaughter for allegedly firing the weapon while it was pointed at Hutchins.

The plaintiffs in the latest suit are Ross Addiego, the dolly operator, Doran Curtin, the set costumer, and Reese Price, the key grip. According to the suit, all three were in close proximity to Baldwin when the gun was fired, and suffered “blast injuries” from the deafening sound of the shot.

According to the complaint, Hutchins fell to the ground directly in front of Curtin.

“She watched in shock as Hutchins grabbed at her abdomen,” the lawsuit states. “Plaintiff Curtin put her hands on Hutchins’ stomach, trying to find the source of Hutchins’ pain and figure out what was going on. As the chaos continued, Plaintiff Curtin was ushered out of the church. Once outside, she collapsed from the effects of the blast and the shock of the shooting.”

The three plaintiffs join several other crew members who have filed suits in New Mexico and California, including the script supervisor, set medic and gaffer. In one of those suits, Baldwin’s lawyers filed a counterclaim alleging that four other people were at fault in the shooting, but he was not. (1)

The United States is already the most litigious society in the world. We spend about 2.2 percent of gross domestic product, roughly $310 billion a year, or about $1,000 for each person in the country on tort litigation, much higher than any other country. This includes the costs of tort litigation and damages paid to victims. About half of this total is for transactions costs – mostly legal fees.

Lawyers per Capita by Country 2023

When it comes to the number of lawyers per capita globally, the United States easily has the lead. There are more lawyers per capita in the United States than in any other country. In the United States, there are 1.26 million lawyers. Most lawyers are centered in New York, with California and Florida close behind. Statistics show one lawyer for every 248 residents in the United States.

(1) Despite pulling the trigger on the gun which fired the shot and being a producer on the movie (therefore (partly or wholly) responsible for everything that happens in a movie’s production).

Filming on Alec Baldwin’s Western movie Rust is resuming on Thursday, 18 months after the fatal on-set shooting of cinematographer Halyna Hutchins.

Baldwin, who has pleaded not guilty to two counts of involuntary manslaughter, is remaining in the the starring role.

Bianca Cline will take Hutchins’ place as cinematographer, with Joel Souza, who was injured in the shooting in New Mexico, returning as director. Hutchins’ husband Matthew will be an executive producer. Baldwin is a producer as well as the film’s star.

Rust Movie productions, which Baldwin is part of, said in February the scene that was being rehearsed when Hutchins was shot has now been rewritten.

A two-week preliminary hearing is due to begin in Santa Fe in early May to decide whether there is enough evidence for the case to proceed to trial.

The Hollywood star has reached a settlement in a wrongful death lawsuit brought by Mr Hutchins.

In February, Hutchins’ family filed a new civil lawsuit against Baldwin and the production company seeking damages for alleged battery, intentional infliction of emotional distress, negligence and loss of consortium.

Hutchins’ widower Matthew also approved a documentary about her in February.

Life goes on … there’s money to be made … :roll_eyes:

A statement released by New Mexico special prosecutors Kari Morrissey and Jason Lewis said that “over the last few days… new facts were revealed” in the case, requiring further investigation.

“This decision does not absolve Mr Baldwin of criminal culpability and charges may be refiled,” the statement continued, adding: “Our follow-up investigation will remain active and ongoing.”

According to the LA Times, prosecutors had recently learned that the gun used in the shooting, a .45 Colt revolver, had been modified with a new trigger in a way that could have made a misfire more likely.

“Recently”, huh … :open_mouth:

Well, that’s convenient … with movie shooting restarting … :roll_eyes:

Baldwin blows away a member of his staff on his movie set and is, apparently, absolved of all responsibility … :man_shrugging:

If you’re white, you’re alright … :wink:

Gloria Allred, a lawyer representing Hutchins’ mother Olga Solovey, her father Anatolii Androsovych, and sister Svetlana Zemko, said on Friday her clients “remain hopeful” despite the prosecutor’s decision to drop criminal charges.

“Mr Baldwin may pretend that he is not responsible for pulling the trigger and ejecting a live bullet which ended Halyna’s life,” the family lawyer said in a statement.

“He can run to Montana and pretend that he is just an actor in a wild west movie but, in real life, he cannot escape from the fact that he had a major role in a tragedy which had real life consequences.”

Good … :+1:

In this clip from ET Canada, the legal analyst says that charges will likely not be refiled against Alec Baldwin because of the errors the prosecutor made in the early part of the case. Charges against the armour will likely proceed.

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It seems that the facts of the matter have no significance - procedure and technicalities will be used by Baldwin’s “expensive” lawyers to ensure that he evades justice … :roll_eyes:

15th June

A weapons supervisor on the set of Alec Baldwin’s film Rust was likely hungover on the day a cinematographer was fatally shot, prosecutors allege.

They accuse Hannah Gutierrez-Reed of drinking alcohol and smoking marijuana in the evenings during filming.

In response, her lawyer said prosecutors had mishandled the case and resorted to “character assassination”.

Halyna Hutchins, 42, was killed after a gun Mr Baldwin had been rehearsing with went off on set in October 2021.

The actor was charged with two counts of involuntary manslaughter over the incident, but the charges were dropped in April. Filming resumed later that month.

Lawyers for the weapons supervisor have filed a motion seeking to dismiss an involuntary manslaughter charge brought against her. The prosecution’s new accusations were made in response to that motion.

They accuse Ms Gutierrez-Reed of having a history of reckless conduct and argue it would be in the public interest for her to “finally be held accountable”.

How the Alec Baldwin fatal film set shooting unfolded
“The case is so weak that they now have chosen to resort to character assassination claims about Hannah,” her lawyer, Jason Bowles, told the Associated Press.

“The prosecution has abandoned the idea of doing justice and getting to the actual truth,” he said.

Ms Gutierrez-Reed is due to attend a preliminary hearing in August, where it will be decided whether the charge against her will be taken further.

24th June

Hannah Gutierrez-Reed has already been charged with involuntary manslaughter. She will face an additional charge in relation to “the transfer of narcotics to another person”, prosecutors said.

Ms Gutierrez-Reed will plead not guilty to the new charge, her lawyer said, calling it “retaliatory and vindictive”.

In court filings, prosecutors allege Ms Gutierrez-Reed transferred narcotics to another person on 21 October 2021, the day Ms Hutchins was killed, in order to “prevent the apprehension, prosecution or conviction of herself”, Reuters news agency reported.

Last week, in separate court filings, prosecutors argued Ms Gutierrez-Reed had probably been hung over during the day of the shooting because she had drunk alcohol and smoked marijuana in the evenings while the film was being made.

Ms Gutierrez-Reed’s lawyer has said prosecutors have mishandled the case and resorted to “character assassination”. Her attorneys have filed a motion seeking to dismiss the involuntary manslaughter charge brought against her.

It comes as the lead investigator for the Santa Fe District Attorney’s office, who is set to step down from his post next month, criticises the sheriff’s office for the way they investigated the shooting and the conclusions they reached in their October 2022 report.

“The conduct of the Santa Fe County Sheriff’s Office during and after their initial investigation is reprehensible and unprofessional,” Robert Shilling wrote in an email sent to colleagues on Tuesday. “Not I or 200 more proficient investigators than I can/could clean up the mess delivered to your office in October 2022.”

The criticism was made public by Ms Gutierrez-Reed’s lawyer, who was accidentally sent it by prosecutors. The BBC has reached out to the Santa Fe County Sheriff’s Office for comment. Mr Shilling told Reuters he declined to comment.

What shambles … :roll_eyes:

Her plea comes ahead of a jury trial on 6 December looking into the death of cinematographer Halyna Hutchins.

The wheels of justice turn slowly … but will they grind at all?

Hmmm?? young persons - cannabis smoking and alcohol consumption and checkin guns just don’t seen to go together well?

A new report into the fatal shooting on the set of the movie Rust appears to cast doubt over star and producer Alec Baldwin’s accounts of events. Weapons experts have now said the trigger would have “had to be pulled”.

A new report, written by weapons experts Lucien Haag and Mike Haag, was given to prosecutors in New Mexico on Tuesday. According to the documents, prosecutors previously stated that they had information that there had been an alleged modification of the gun used by Mr Baldwin on the Rust set.

Lawyers for the movie’s armourer Hannah Gutierrez Reed, who was also charged with involuntary manslaughter, said the Haags’ report “does not indicate any modification to the gun” and “specifies that the trigger had to be pulled”.

“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” said an excerpt of the weapons report included in the court documents. If the hammer had not been fully retracted to the rear, and were to slip from the handler’s thumb without the trigger depressed, the half cock or quarter cock notches in the hammer should have prevented the firing pin from reaching any cartridge in the firing chamber. It continued: “If these features were somehow bypassed, a conspicuously off-centre firing pin impression would result.”

It is not yet clear whether or not the findings of the new report will result in charges against Alec Baldwin being refiled.

Blimey … another twist in the tale … :open_mouth:

New Mexico prosecutors plan to recharge Alec Baldwin with involuntary manslaughter over a fatal on-set shooting in October 2021. “Additional facts” merit bringing the case again before a grand jury next month, they said.

The special prosecutors leading the case, Kari Morrissey and Jason Lewis, said in a statement sent to BBC News on Tuesday: “After extensive investigation over the past several months, additional facts have come to light. We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr Baldwin should be held over for criminal trial,” they added.

She added that prosecutors intend to begin presenting their case to a grand jury on 16 November.

:thinking:

17 November 2023

Special prosecutors in New Mexico were scheduled to convene Thursday to reconsider charges against Baldwin with involuntary manslaughter. But the judge rescheduled during a teleconference hearing on Wednesday, a source familiar with the case told NBC.

In the first video, Baldwin can be seen lying on the ground holding a prop gun and heard saying ‘Halyna get out of’ before his voice trails off. He then continues by asking someone off camera to get on the ‘other side of the camera’ because ‘I don’t want to shoot towards you.’

In the second video Baldwin asks for a blanket to be placed next to him off-camera, where he can toss the gun aside, using it as a landing pad.

The third video shows Baldwin in character repeatedly firing a prop gun before he runs out of dummy rounds. ‘One more, one more, one more. Right away, right away, let’s reload,’ he says in an attempt to get the scene to keep moving. The clip ends on Baldwin then saying, ‘We should have had two guns and both of them reloading.’

In the fourth and fifth videos, Baldwin stops filming to check on the safety of a crew member who is walking backwards to film the scene. In one, he can be heard expressing concern about the steepness of a path and asks the crew member to use a safer part of the trail. In the other a cameraman falls and Baldwin is heard repeatedly asking, ‘Are you OK?’ before filming resumes.

The videos are among dozens that special prosecutors requested from Rust Movie Productions LLC and didn’t receive until October, a source claimed to the outlet.

Previously unreleased videos show Alec Baldwin firing prop gun with blanks and directing 'Rust' crew on safety (with video)

Rushed reloading and shooting with abandon … :scream_cat: