Alec Baldwin fired shot that killed one, wounded another on film set

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Alec Baldwin seeks dismissal of civil suit over fatal 'Rust' shooting
Author of the article:Reuters
Reuters
Lisa Richwine
Publishing date:Jan 25, 2022 • 12 hours ago • 1 minute read • 13 Comments
American actor Alec Baldwin.
American actor Alec Baldwin. PHOTO BY MARK SAGLIOCCO /Getty Images / Files
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LOS ANGELES — Attorneys for Alec Baldwin and other producers of the movie “Rust” are asking a court to dismiss a civil lawsuit filed by a script supervisor who was on the set when the actor fatally shot a cinematographer.

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In a filing in Los Angeles Superior Court on Monday, the attorneys said the claim by Mamie Mitchell should be thrown out because there was no evidence that Baldwin or any of the producers intended harm. Baldwin was the lead actor and a producer of the independent film, a Western.

“Despite Plaintiff’s attempt to label claims as intentional, nothing about Plaintiff’s allegations suggest that any of Defendants intentionally committed harmful conduct,” the filing said.

Mitchell claimed in a lawsuit filed in November that Baldwin should have checked the Colt .45 revolver he was holding to make sure it did not include live ammunition. Baldwin has said the assistant director told him the gun was “cold,” or safe to use and that he did not pull the trigger Mitchell, who said she was in the line of fire, alleges assault, intentional infliction of emotional distress, and deliberate infliction of harm and is seeking unspecified damages in the lawsuit filed in Los Angeles Superior Court.

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Cinematographer Halyna Hutchins was killed and director Joel Souza was wounded when the gun discharged as Baldwin was rehearing on the New Mexico film set.

Mitchell, who said she was in the line of fire, alleges assault, intentional infliction of emotional distress, and deliberate infliction of harm, and is seeking unspecified damages in the lawsuit filed in Los Angeles Superior Court.

Gloria Allred, Mitchell’s attorney, said on Tuesday that the claim should be allowed to proceed.

The producers are “trying to avoid explaining their conduct before a judge and a jury in a court of law,” she said in a statement.
I need someone to explain how, by looking at a cartridge would tell the user if it was live or a prop.
 

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Alec Baldwin seeks dismissal of civil suit over fatal 'Rust' shooting
Author of the article:Reuters
Reuters
Lisa Richwine
Publishing date:Jan 25, 2022 • 12 hours ago • 1 minute read • 13 Comments
American actor Alec Baldwin.
American actor Alec Baldwin. PHOTO BY MARK SAGLIOCCO /Getty Images / Files
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LOS ANGELES — Attorneys for Alec Baldwin and other producers of the movie “Rust” are asking a court to dismiss a civil lawsuit filed by a script supervisor who was on the set when the actor fatally shot a cinematographer.

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In a filing in Los Angeles Superior Court on Monday, the attorneys said the claim by Mamie Mitchell should be thrown out because there was no evidence that Baldwin or any of the producers intended harm. Baldwin was the lead actor and a producer of the independent film, a Western.

“Despite Plaintiff’s attempt to label claims as intentional, nothing about Plaintiff’s allegations suggest that any of Defendants intentionally committed harmful conduct,” the filing said.

Mitchell claimed in a lawsuit filed in November that Baldwin should have checked the Colt .45 revolver he was holding to make sure it did not include live ammunition. Baldwin has said the assistant director told him the gun was “cold,” or safe to use and that he did not pull the trigger Mitchell, who said she was in the line of fire, alleges assault, intentional infliction of emotional distress, and deliberate infliction of harm and is seeking unspecified damages in the lawsuit filed in Los Angeles Superior Court.

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Cinematographer Halyna Hutchins was killed and director Joel Souza was wounded when the gun discharged as Baldwin was rehearing on the New Mexico film set.

Mitchell, who said she was in the line of fire, alleges assault, intentional infliction of emotional distress, and deliberate infliction of harm, and is seeking unspecified damages in the lawsuit filed in Los Angeles Superior Court.

Gloria Allred, Mitchell’s attorney, said on Tuesday that the claim should be allowed to proceed.

The producers are “trying to avoid explaining their conduct before a judge and a jury in a court of law,” she said in a statement.
He is also the producer of the film so I don't see how he is not on the hook for a lawsuit. Maybe twice.
 

spaminator

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Family of cinematographer killed on 'Rust' set sues Alec Baldwin
Author of the article:Reuters
Reuters
Lisa Richwine and Andrew Hay
Publishing date:Feb 15, 2022 • 15 hours ago • 1 minute read • Join the conversation
American actor Alec Baldwin.
American actor Alec Baldwin. PHOTO BY MARK SAGLIOCCO /Getty Images / Files
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LOS ANGELES — The family of a woman killed during filming of the Western “Rust” filed a wrongful death suit against actor Alec Baldwin and others on Tuesday, claiming they disregarded several industry-wide practices meant to keep movie sets safe.

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The suit was filed in Santa Fe County, New Mexico, on behalf of Matthew Hutchins, husband of late cinematographer Halyna Hutchins, and the couple’s 9-year-old son.

“The lawsuit names Alec Baldwin and others who are responsible for the safety on the set and whose reckless behaviour and cost-cutting led to the senseless and tragic death of Halyna Hutchins,” attorney Brian Panish told a news conference in Los Angeles.

Halyna Hutchins was killed and director Joel Souza was wounded when a gun Baldwin was using during a rehearsal fired off a live bullet. The movie was being filmed at Bonanza Creek Ranch in New Mexico.

The “30 Rock” and “Saturday Night Live” actor has said he was told the gun was “cold,” an industry term meaning it is safe to use, and that he did not pull the trigger. Baldwin’s attorney did not immediately respond to a request for comment on Tuesday.

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Panish said Baldwin bore “a significant portion of liability” because he was holding the weapon that killed Hutchins.

The attorney showed an animated recreation of what he believed happened inside the church where actors were filming when the shooting occurred. He said he did not believe the weapon was defective.

“The gun cannot fire unless the trigger is engaged and the hammer is back,” Panish said. “So he had the gun. He says he pulled the hammer back. It fired. She was killed.”

The incident is still under investigation by New Mexico authorities. No criminal charges have been filed.

The wrongful death suit named about two dozen defendants in addition to Baldwin, including armourer Hannah Gutierrez Reed and assistant director David Halls. Representatives for Gutierrez Reed and Halls did not immediately respond to requests for comment.
 

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Halyna Hutchins' widowed husband 'so angry' at Alec Baldwin over Rust shooting
Author of the article:Bang Showbiz
Bang Showbiz
Publishing date:Feb 23, 2022 • 8 hours ago • 2 minute read • Join the conversation
GETTY - Halyna Hutchins - Sundance
GETTY - Halyna Hutchins - Sundance Bang Showbiz
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Halyna Hutchins’ husband Matt is “so angry'” at Alec Baldwin over the ‘Rust’ shooting.

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The cinematographer was shot and killed at the age of 42 when Alec’s prop gun accidentally went off on the set of ‘Rust’ back in October 2021 and Matt now thinks that the notion that the 63-year-old actor could be seen as anything other than responsible is “absurd.”

He said: “Yeah [I watched his interview after the shooting]. But watching him I just felt so angry. I was just so angry to see him talk about her death so publicly, in such a detailed way and then to not accept any responsibility after having just described killing her. The idea that the person holding the gun causing it to discharge is not responsible, is absurd to me.”

However, Matt – who works as an attorney and has eight-year-old son Andros with Halyna – then explained that there were several “industry standards” that were not adhered to on the day his wife was fatally shot.

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In a preview for his upcoming interview on ‘Today’ with Hoda Kotb, he said: “But gun safety was not the only problem on that set. There were a number of industry standards that were not practiced and there’s multiple responsible parties.”

Alec previously insisted he didn’t know the gun was loaded and did not pull the trigger when it went off during rehearsal.

He said in December: “I would never point a gun at anyone and pull a trigger at them. The notion there was a live round in that gun did not dawn on me until about 45 minutes later.

The interview – which is set to air in full on Thursday – comes just days after it was revealed that Alec has been named in a wrongful death lawsuit filed by Matthew.

Attorney Brian Panish said at a press conference: “The lawsuit, as you can see, names Alec Baldwin and others who were responsible for the safety on the set, and whose reckless behaviour and cost-cutting led to the senseless and tragic death of Halyna Hutchins.”

The lawsuit blames the actor and others on the set – including armorer Hannah Gutierrez-Reed, and assistant director David Hall – for Halyna’s death as it alleges they were responsible for “numerous violations of industry standards.”
 

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Alec Baldwin says contract protects him from liability in 'Rust' shooting
Author of the article:Reuters
Reuters
Lisa Richwine
Publishing date:Mar 11, 2022 • 12 hours ago • 1 minute read • 6 Comments
American actor Alec Baldwin.
American actor Alec Baldwin. PHOTO BY MARK SAGLIOCCO /Getty Images / Files
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LOS ANGELES — Actor Alec Baldwin said in a legal filing on Friday that his “Rust” movie contract protects him from financial liability in the fatal shooting of the film’s cinematographer.

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Baldwin has been named as a defendant in several civil lawsuits including one from the husband of Halyna Hutchins, who was killed in October when a gun the actor was using during a rehearsal fired off a live bullet.

In addition to playing the lead role, Baldwin served as a producer of the film.

In an arbitration demand filed against fellow producers, Baldwin seeks to enforce a “broad indemnification clause” in his contract that his lawyers said shields him from financial claims regarding the production.

Baldwin has said he was heartbroken by the incident but does not believe he bears any responsibility because he was told the Colt .45 revolver he was handed was “cold,” an industry term meaning it is safe to use. He has said he pulled the gun’s hammer back but did not pull the trigger.

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“Rust,” a Western, was being filmed at Bonanza Creek Ranch in New Mexico. Authorities in Santa Fe are investigating the incident and say they have not ruled out criminal charges. A key question is how live ammunition wound up on the set.

In the new filing, attorneys said he provided creative input in his producing role and did not hire any crew members, who were the people responsible for ensuring gun safety procedures were followed.

“This is a rare instance when the system broke down, and someone should be held legally culpable for the tragic consequences,” the filing said. “That person is not Alec Baldwin.”

Matthew Hutchins, the cinematographer’s husband, argued in his lawsuit that Baldwin bore responsibility because he fired the gun and should have checked that it did not contain live rounds.
 

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Alec Baldwin doesn't want to be financially liable for Halyna Hutchins' death, court documents show
Author of the article:Bang Showbiz
Bang Showbiz
Publishing date:Mar 13, 2022 • 19 hours ago • 4 minute read • Join the conversation
Alec Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff's Office in Santa Fe, N.M., after he was questioned about a shooting on the set of the film "Rust" on the outskirts of Santa Fe, Thursday, Oct. 21, 2021.
Alec Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff's Office in Santa Fe, N.M., after he was questioned about a shooting on the set of the film "Rust" on the outskirts of Santa Fe, Thursday, Oct. 21, 2021. PHOTO BY JIM WEBER /Santa Fe New Mexican via AP
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Alec Baldwin has insisted he is not “culpable” for Halyna Hutchins’ death.


The 63-year-old actor has filed an arbitration demand claiming his contract protects him from financial responsibility in the death of cinematographer, who was killed when a gun went off on the set of Rust last October, and in the paperwork he has stressed that the events leading up to the tragedy had nothing to do with him.

Court documents obtained by Entertainment Tonight state “this is a rare instance when the system broke down, and someone should be held legally culpable for the tragic consequences. That person is not Alec Baldwin.”

Alec – who is among the defendants in a wrongful death lawsuit filed by Halyna’s family – insisted he wasn’t “reckless” on the set, having previously denied pulling the trigger on the gun, and blamed armorer Hannah Gutierrez-Reed, and assistant director Dave Halls for telling him the weapon didn’t have live rounds, and also mentioned Seth Kenney, who had supplied the ammunition for the movie.

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The arbitration demand sent to producers stated: “Immediately before the handoff to Baldwin, upon information and belief, Halls had taken the gun off a prop 2 cart after it had been loaded by the set’s armorer, Hannah Gutierrez Reed, the person responsible for gun safety and managing the operation of firearm-related props on the set.

“Reed claims to have personally checked all of the rounds to ensure that they weren’t ‘hot’ and then loaded them into the pistol. Halls ‘later told an investigator that, after (Reed) opened the gun for him to inspect, he did not check all of the rounds as he should have before he handed it to … Baldwin…

“At this point, two things are clear: someone is culpable for chambering the live round that led to this horrific tragedy, and it is someone other than Baldwin.

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“Baldwin is an actor. He didn’t announce that the gun was ‘cold’ when it really contained a live round; he didn’t load the gun; he didn’t check the bullets in the gun; he didn’t purchase the bullets; he didn’t make the bullets and represent that they were dummies; he wasn’t in charge of firearm safety on the set; he didn’t hire the people who supplied the bullets or checked the gun; and he played no role in managing the movie’s props. Each of those jobs was performed by someone else.”

The Boss Baby star dismissed reports he had refused weapons training on the set, with his lawyer highlighting email correspondece with Rust’s costume designer, showing his had requested gun training long before the film started, and ultimately had a 90-minute session with Hannah, who reminded him of weapon safety measures, including reassuring him it was “her job” to check the guns.

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Alec said he returned $100,000 of his $250,000 fee for the movie but had wanted to complete the film to honour Halyna and also took it upon himself to “provide (the Hutchins family) redress for their loss.”

The documents stated: “The proposed settlement for Hutchins included a component of insurance proceeds.

“In addition, Baldwin made an exhaustive effort to contact the Rust cast in the hope of acquiring their support to finish the film. He did so both with the intent of honouring Halyna’s legacy by completing her last work and of compensating Hutchins and his son from the film’s profits. Depending on the success of Rust upon its completion and release, this additional component of the settlement would likely have equaled millions of dollars.”

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The submission also included copies of text messages between Alec and Halyna’s husband, Matthew Hutchins and although Halyna’s widower recently claimed he was angered watching Alec’s interview on the tragedy on ABC, the actor’s lawyer claimed they had a friendly exchange two weeks later.

The documents stated: “On December 17, over two weeks after Baldwin’s interview with Stephanopoulos had aired on ABC, Baldwin sent a text message to Hutchins in light of the upcoming holidays, writing, ‘In spite of the anguish of all of this, I am wishing you and your son a happy holiday.’

“Hutchins responded – again, more than two weeks after the interview – stating, ‘I genuinely hope you and the whole family can get together and have moments of fun, love, and togetherness and that it is a healing time for everyone.'”

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Alec is seeking to “indemnify, defend, and hold harmless” himself and his production company El Dorado Pictures from any liability and is seeking to have his legal fees covered.

Matthew’s attorney, Brian Panish, has accused the actor of “trying to avoid liability and accountability for his reckless actions before and on Oct 21st that resulted in the death of Halyna Hutchins.”

He added in a statement: “Baldwin’s disclosure of personal texts with Matt Hutchins is irrelevant to his demand for arbitration and fails to demonstrate anything other than Hutchins’ dignity in his engagement with Baldwin.

“It is shameful that Baldwin claims Hutchins’ actions in filing a wrongful death lawsuit derailed the completion of ‘Rust.’ The only action that ended the film’s production was Baldwin’s killing of Halyna Hutchins.”
 

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New Mexico slams 'Rust' movie firm for 'willful' safety failure
Author of the article:Reuters
Reuters
Andrew Hay
Publishing date:Apr 20, 2022 • 14 hours ago • 2 minute read • Join the conversation
Alec Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff's Office in Santa Fe, N.M., after he was questioned about a shooting on the set of the film "Rust" on the outskirts of Santa Fe, Thursday, Oct. 21, 2021.
Alec Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff's Office in Santa Fe, N.M., after he was questioned about a shooting on the set of the film "Rust" on the outskirts of Santa Fe, Thursday, Oct. 21, 2021. PHOTO BY JIM WEBER /Santa Fe New Mexican via AP
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New Mexico on Wednesday fined Rust Movie Productions LLC the maximum amount possible and blasted the company for “willful” safety lapses leading to the fatal shooting of cinematographer Halyna Hutchins last year during the filming of Western “Rust.”


An investigation by the state’s worker safety agency, which fined the company $137,000, found that the production firm knew firearm safety procedures were not being followed and demonstrated “plain indifference” to the hazards, the New Mexico Environment Department said in a statement.

“This tragic incident never would have happened if Rust Movie Productions, LLC had followed national film industry standards for firearm safety,” Environment Cabinet Secretary James Kenney said in the news release.

Hutchins was killed in October when a revolver that actor and producer Alec Baldwin was rehearsing with during filming in New Mexico fired a live round that hit her and movie director Joel Souza. Souza was wounded but survived.


Halyna Hutchins, director of photography for “Rust”, poses for a selfie photo in this picture obtained from social media.
Halyna Hutchins, director of photography for “Rust”, poses for a selfie photo in this picture obtained from social media. PHOTO BY HALYNAHUTCHINS /Instagram/via REUTERS
“While we appreciate OSHA’s time and effort in its investigation, we disagree with its findings and plan to appeal,” Rust Movie Productions spokesman Stefan Friedman said in a statement on Wednesday.

New Mexico’s work safety agency administers the federal Occupational Safety and Health Administration (OSHA) program.

Its six-month probe found that Rust management, including Line Producer Gabrielle Pickle and Unit Production Manager Row Walters, ignored concerns raised by crew members about firearm and pyrotechnics misfires on set.

It said Assistant Director and Safety Coordinator Dave Halls witnessed accidental discharges but took no corrective action.

3rd Shift Media, a Georgia production company that lists Pickle and Row as employees, did not immediately respond to requests for comment. Halls’ lawyer did not respond to a request for comment.


The report said Rust management failed to give staff responsible for firearms safety sufficient time to inspect ammunition received to ensure no live rounds were present.

The investigation found that Hannah Gutierrez, who was responsible for firearm safety, was told to focus less on her tasks as set armourer and spend more time helping the props department. When she said actors needed firearm safety training, Gutierrez was told she would be informed if that was necessary, the report said.

Lawyers for Gutierrez said in a statement that OSHA had found that she was “not provided adequate time or resources to conduct her job effectively.”

Baldwin has denied responsibility for Hutchins’ death and said live rounds should never have been allowed onto the set.

The Santa Fe County Sheriff’s Office and the Santa Fe County District Attorney have ongoing criminal investigations into the death of the cinematographer.
 

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Alec Baldwin shooting investigation videos released
The actor can be seen handling the gun that killed Halyna Hutchins in newly released footage.

Author of the article:Bang Showbiz
Bang Showbiz
Publishing date:Apr 26, 2022 • 23 hours ago • 2 minute read • 5 Comments
Alec Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff's Office in Santa Fe, N.M., after he was questioned about a shooting on the set of the film "Rust" on the outskirts of Santa Fe, Thursday, Oct. 21, 2021.
Alec Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff's Office in Santa Fe, N.M., after he was questioned about a shooting on the set of the film "Rust" on the outskirts of Santa Fe, Thursday, Oct. 21, 2021. PHOTO BY JIM WEBER /Santa Fe New Mexican via AP
Alec Baldwin can be seen handling the gun that killed Halyna Hutchins in newly released footage.


The Santa Fe County Sheriff’s Office has released “all files associated” with its ongoing investigation into the death of the cinematographer, who died in October 2021 when a gun being held by lead actor Baldwin went off on the set of western movie ‘Rust’.

In a statement, Sheriff Adan Mendoza said: “Today the sheriff’s office is releasing all files associated with our ongoing investigation. “The files are all related to the Rust movie set investigation and include lapel/dash camera footage from deputies and detectives, incident reports, crime scene photos, examination reports, witness interviews, set video and staff photos collected throughout the course of this investigation.”



Included in the files is footage from earlier in the day of the incident on October 21, showing the 64-year-old actor drawing the gun and aiming it towards the camera.

The video has no sound, but shows the actor going through the scene as he sits in a church pew with his Stetson hat over his eyes.

He then looks up and pulls the gun out of his jacket pocket.



In other videos, first responders can be seen treating Hutchins and director Joel Souza after the gun misfired, while Baldwin can be seen asking about their condition.

Meanwhile, other footage shows the actor speaking to a deputy and being asked if he is alright before replying: “No, I’m not, actually.”

There are more materials still being collected in the SFCSO’s investigation which weren’t included in the release on Monday.



Mendoza added: “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.”

On April 20, the New Mexico Environment Department’s Occupational Health and Safety Bureau (OHSB) handed the movie’s producers the “maximum fine allowable” – $136,793 – for violating firearm safety procedures.


According to TMZ, the report highlighted two other misfires that had occurred during filming prior to the fatal tragedy, and the OHSB felt they went largely unaddressed by the official safety point person among the crew, who they named as assistant director Dave Halls.

The document noted several crew members expressed concern about these misfires, as well as other weapons-related issues, but no training or other corrective measures were put in place to address the problems.


The report also accused assistant director Dave Halls of breaking protocol by handling the weapon and passing it to Alec without consulting a specialist either during or after the gun was loaded, and suggested producers had no system in place to ensure real bullets did not end up on set.

Under federal requirements, Rust Movie Productions, LLC have been given 15 days to pay the penalty and provide OHSB with certification of corrective action, or alternatively, to contest the citation with the Occupational Health and Safety Review Commission.

In February, the cinematographer’s family filed a wrongful death lawsuit against Alec – who has insisted he didn’t pull the trigger on the firearm – seven other producers, and various crew members including armorers Hannah Gutierrez Reed and Seth Kenney.

A criminal investigation is also still ongoing.