Grand jury in New Mexico charged the actor for a shooting on Rust set that killed cinematographer Halyna Hutchins
Actor Alec Baldwin is facing a new involuntary manslaughter charge over the 2021 fatal shooting of a cinematographer on the set of the movie Rust.
A Santa Fe, New Mexico, grand jury indicted Baldwin on Friday, months after prosecutors had dismissed the same criminal charge against him.
During an October 2021 rehearsal on the set of Rust, a western drama, Baldwin was pointing a gun at cinematographer Halyna Hutchins when it went off, fatally striking her and wounding Joel Souza, the film’s director.
Baldwin, a co-producer and star of the film, has said he did not pull the trigger, but pulled back the hammer of the gun before it fired.
Last April, special prosecutors dismissed the involuntary manslaughter charge against Baldwin, saying the firearm might have been modified prior to the shooting and malfunctioned and that forensic analysis was warranted. But in August, prosecutors said they were considering re-filing the charges after a new analysis of the weapon was completed.
I’m like 90% sure now that the absolutely glacial pace this is moving at confirms that the only reason verdicts come down so quickly in most other cases is because most accused can’t afford the court and lawyer’s fees to keep fighting for as long as they realistically could.
Except if your name is Trump. Somehow he’s able to drag out all his court cases and not pay his lawyers.
That I chalk more up to how pants shittingly terrified judges are of setting a new precedent, let alone one as impactful as jailing a former president. None of them want to be the guy who goes down in history as having locked up a major political figure without the most air tight case imaginable.
This is the most airtight case imaginable. We sat here and watched him crime right on tv.
He also has just straight-up admitted to other big crimes on camera as well.
Yo fuck it. Make me an honorary reader of the judicial order to send Trump to prison. I’ll do it on National television. Just haul my ass to Australia or something afterwards so I can avoid the crazed MAGA mobs.
Thats because he has people pretending to be lawyers instead of real lawyers
Also being a lawyer for a famous person is a great way to pivot into more lucrative life paths, as demonstrated by Robert Kardashian.
This from the start has seemed to me like a prosecutor trying to make a name for themselves by taking down a famous person.
If you’re doing a scene where you throw acid on somebody is the person throwing the acid supposed to check to make sure it’s not actually acid before they throw it?
Should they check to make sure the knife they’re about to stab someone with is actually a prop?
If you get to the person who’s been told to “do this action convincingly” and you want them to double check all the safety work you’re doing it wrong. Their job isn’t making sure they’ve been given safe tools, it’s using safe tools to make someone that’s fake but convincing.
Everyone in the armoring company should be charged with murder … but Alec Baldwin did not put live rounds into a gun. He went into work, did his job, and because other people screwed up someone got shot. Maybe the industry itself needs to change but that shouldn’t be Alec Baldwin’s problem. That’s not justice.
But you’re right, and the management who kept ignoring problems is going to be tried here. It just so happens that the producer was also an actor and happened to be the one given a bad prop. Alec was the manager of everyone: he hired people, and decided they were doing a good enough job. After employees complained about safety problems, he ignored them. After people QUIT over those safety problems, he continued ignoring them. Alec the producer is the one on trial, not Alec the actor.
Thank you! I feel like I’ve never been able to get the full story!
Baldwin was in charge. He wasn’t just an Actor. He took several actions that made the set less safe that day.
He’s being charged because he was an executive producer not because he pulled the trigger
He’s being charged for pointing a gun at someone and pulling the trigger. Him being an executive is an argument against the “I was told it was unloaded” defense. NM law is clear on criminal negligence with a firearm and there is no movie production exemption. Being handed a gun by someone else who says it is safe does not negate liability under the law. His failures as a producer with prior safety lapses and incidents leading up to the tragedy are important as well, but at the end of the day he pulled the trigger and that’s what he is being charged for.
Executive producer typically means you are the money behind the project, not that you have hands-on control of the daily details.
And liability
EP credits can be given for any number of reasons and their impact on the project varies greatly.
Some do nothing and just put up some cash, some are involved in every action/word in the script and will always be on setn
Well my understanding is that he was an executive producer on the film, which is a leadership position that impacts decisions on hiring staff like armory/weapons consultants.
As an actor he’s probably not responsible but as EP he is .
There are 14 producers on this movie, and bdwin was not the executive producer according to IMDB. None of the other producers who were actually most likely responsible for those decisions are facing charges. It’s simply because Baldwin is an opponent of trump and the prosecutor wants to gain political influence and notoriety.
Exactly. If everyone involved was on trial, it might be reasonable. They happened to pick the guy Donnie hates.
but Alec Baldwin did not put live rounds into a gun.
He was pointing the gun at someone. That should never happen.
that shouldn’t be Alec Baldwin’s problem
He was a producer on a set which was being mismanaged to the extent that a large proportion of the crew had just walked off the job over safety concerns.
It is very much his problem.
It’s amazing that people who are oblivious to the facts have such strong opinions defending a guy who shot and killed someone.
If you’re doing a scene where you throw acid on somebody is the person throwing the acid supposed to check to make sure it’s not actually acid before they throw it?
Should they check to make sure the knife they’re about to stab someone with is actually a prop?
I think any reasoning person would say the answer is “yes”. Ultimately you are responsible for your own actions.
Think about it like this, remove the context of this being a movie. Your friend hands you a gun and says it’s not loaded, should you check before firing the gun at someone? Your friend hands you a bucket of “not acid” and tells you to throw it on someone. Do you check that it’s really not acid first?
It seems like the suggestion is that the film set is removing these base line responsibilities for our own actions and I don’t think that’s very reasonable.
There’s a specific reason the actors aren’t supposed to check the gun. They cannot do anything that might fuck with a prop and fucking kill someone. They are to only use the weapon they’ve been given as instructed. It’s the job of the master armorer to ensure that all weapons, prop or otherwise, are properly handled.
This is protocol so it’s clear who’s at fault when an incident like this happens because they can just trace chain of custody. If Baldwin had checked the gun or handled it in any way other than instructed, he would be liable.
By that logic, if someone drives a car with poor brakes and those defective brakes fail causing an accident, the driver is at fault.
Hey I’ve seen that movie! Wait, it was a pickup truck in a parade and if I remember correctly, the driver got charged.
In a commercial situation like a monster truck exhibition, there is president that the operator can be held liable for foreseeable mechanical failure that injures people.
This wasn’t a kid playing with his mom’s gun. It was a commercial production.
Say you’re an actor, and I hand you a revolver, assuring you that it is not loaded. The scene it’s involved in requires that the hammer is already pulled back (as the character in question is threatening someone at gunpoint).
Should you, the actor, check the chamber? With the hammer back and the cylinder locked, doing this would require a complex maneuver of blocking the hammer with your finger, PULLING THE TRIGGER, and then rotating the cylinder to look at the one that was chambered - then rotating it back, and re-cocking it.
Now imagine, being an actor that is a novice with revolvers, you mix up which spot you’re meant to block with your finger. If, as you suggest, there is any chance at all that there’s a live round in the chamber, aren’t you introducing further risk with this maneuver?
Sounds like a great argument for the actor first receiving a gun where the hammer is not pulled back.
If you get the gun in a state where safety checks cannot be done safely, someone has fucked up.
It’s far better for the actor to know how to cock a hammer, have them go through the safety checks to make sure everything checks out, and then cock the hammer.
Basic gun safety involves handling guns as if they were loaded, so a gun should only be passed to someone without the hammer cocked and also with the safety on, because the gun will be assumed to be loaded by whoever receives it, and handing someone a gun that’s loaded with the hammer cocked is a monumentally stupid idea.
Yes, you should that’s like the number one rule of handling actual firearms.
I feel like we are minimizing the fact they were using actual fully functional fire arms on a set which is absolutely not normal.
Your friend hands you a gun and says it’s not loaded, should you check
Is your friend a professional armorer whose job it is to keep everyone involved safe?
Even as an actor, if you are handed a replica of a deadly weapon you have a responsibility to make sure it is functioning properly and safe. And every actor should know that those firearms they get handed are most often real and can fire real ammunition. In such an environment, (particularly if you are also a producer - aka management), YOU are the final safety step before the director yells Action!
The “I didn’t know it was loaded” is never a legal excuse for anyone at any time.
Except that’s not how it works at all.
Proper procedure is for the prop master and armorer to be responsible for making sure the weapon is safe. They will then hand it off to whoever, and will loudly announce “cold gun”.
The gun can be handed to an assistant or the actor, if it is passed to an assistant first, when they hand it over to the actor they, too, must announce “cold gun”.
This lets everyone on set know that the gun has been verified safe by the armorer.
Baldwin was handed a gun, and the person handing it over loudly announced “cold gun”. He was then expected to treat it like it was not loaded, because he was loudly told.
The reason why you hire an armorer in the first place is because you don’t want your actors to think they know how to handle weapons. You want positive control of every weapon on set.
That broke down on the Rust set.
The story of how that broke down on the Rust set is actually quite interesting. It was a combination of nepotism (the armorer was the daughter of a famous armorer, and got the job through her dad’s connections) and the complete failure on the part of a prop company.
See, the live rounds were reloads, loaded into the exact same casings as the dummy rounds normally used. The reason the reloads were made was actually valid. A different armorer on a different film shoot made them to let the actors of that film get an idea of how the guns they were using would actually kick.
At the end of that film, the live rounds got co-mingled with the returned dummy rounds, and then those co-mingled rounds were rented out to the Rust production.
The armorer for Rust should have caught these rounds. They were not completely identical to the dummy rounds. But this was her second film, and she had never actually worked with live ammo.
When questioned by police after the shooting, she didn’t even know the brand name on the dummy rounds.
Anyway, she had prepped the gun for filming, and then the assistant director took it from her cart and handed it to Baldwin, announcing “cold gun”. The assistant director did not check the gun either, he just grabbed it and handed it off.
As a note, there were not supposed to be any live rounds, or even any blanks on set. Just dummy rounds.
The other failure here was actually sort of on the victims. Industry standards for filming scenes like that is to use a monitor, and not have anyone standing in the potential path of a bullet, even if there are no bullets. The cinematographer and director were both standing behind the camera. Mostly because setting up a monitor takes time, and they were under a bit of a crunch to get the scene filmed.
In the US, “I didn’t know it was loaded” is not a legal excuse. Try it in court yourself and see how far it gets you.
The VERY first rule about firearms is that 'All guns are treated as if loaded at all times". And you NEVER trust anyone when they tell you it’s unloaded. You check yourself to be sure. This includes a prop gun handed to you by a prop person who announces “cold gun!” It takes mere seconds to check it yourself. No excuses…
Your last paragraph shows even more negligence on the part of Baldwin. He broke another cardinal rule of gun safety by pointing an assumed unloaded gun at something he wasn’t intending to destroy or kill. And coupled with supposed rush to film, added to the complete breakdown of basic common sense firearms safety rules.
There was negligence all around that ended at Baldwin. And no one else gets away with that much negligence, (remember he was also a producer - The Boss), in a fatal “accident” and doesn’t get tried in court. Because Baldwin is famous and rich should not prevent his day in court.
You’re confusing the firing range for the movie set.
There are different rules, and in fact, there have been court cases saying that responsibility for the weapon being safe or not is completely on the armorer.
Baldwin was told “cold gun”. That’s how movie sets communicate a safe weapon. Full stop.
The great example is if an actor is supposed to throw acid on someone for a scene, do you expect the actor to check that it’s actually water? Or do you expect the person who is paid to check it to make sure?
Baldwin followed industry procedure of accepting a weapon that was declared cold. It was handed to him by the Assistant Director, the person normally tasked with ensuring safety on set.
Again “I didn’t know it was loaded” is not an acceptable excuse in a court of law when someone dies. And as a producer, Baldwin was also a boss of the movie. He also shares a responsibility to make sure competent people are hired to do dangerous jobs. He also broke your industry protocol when he pointed that gun directly at other people when he pulled the trigger during a break in filming. He very much appears to culpable for a good amount of the negligence that got someone killed.
He needs to be charged and go through the legal process like anyone else would be, (hence the involuntary homicide charge). He should get no pass because he’s a rich and famous actor. If the court says it wasn’t or was his fault, then fine. The evidence was heard and the court rendered a legal decision and it’s done.
It was loaded with dummy rounds, and one real round.
Can you tell the difference with a glance? No? And you expect actors to be able to tell?
He wasn’t just fucking around with the gun, either, he was working with the director and cinematographer for a camera test.
The three of them were walking through the motions that would be used for the actual scene, complete with costumes and props. They were trying to get the positioning and lighting right.
I don’t know why this is so hard to understand for you.
And again, he doesn’t need to go through any process, because the precedent here is clear. The armorer is the person with the full responsibility for making sure that the weapons on set are safe. She was the one who loaded the gun.
If this happened in any other state, Baldwin would never have been charged. But it’s New Mexico, and Baldwin made fun of Trump. The prosecutor is trying to make a name for himself by going after someone Trump hates.
Yes, I can. And anyone who is going to handling dangerous items needs to be trained in properly handling them safely at all times. Even a complete novice can easily tell the difference just by looking, particularly after being shown how - it ain’t rocket surgery. And it takes mere seconds to make that check. Being an “actor” is NOT a valid excuse. Job safety is a real thing. And it runs from the top down to the end users. And Baldwin failed the safety part on two counts - being a boss on the movie by making or allowing a bad hire for an important safety job and as the end user.
He STILL broke a rule about safety on the set. Don’t point guns directly at people - even movies sets have rules about that according to you.
And yes, the set armorer has primary responsibility for firearms safety on set. But that responsibility doesn’t end there - it continues down the line of EVERYONE who is involved with the scene.
Nor do I understand the fear of Baldwin being charged. If, as you say, there is precedent for his innocence, then his money and fame should guarantee a not guilty verdict.
As far as the “political witch hunt” goes - maybe it is, maybe it isn’t. That’s another topic IMO. Perhaps those other states that wouldn’t press charges against a famous actor just value the money that a movie production brings in more than the life of any person. The entertainment industry as a whole gets by with a lot of shady shit that simply would not fly in any other industry. And all because of the money it brings in. California is probably the worst transgressor of this. There is billions of dollars riding on looking the other way in Hollywood. And that’s NOT a political statement - that’s just a lot of cold hard cash talking.
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Why spout off something that you have absolutely zero knowledge about? Like what purpose does that serve?
I’m tired of hearing about this. Start the fucking trial already.
I come to this website to take a shit
Is there a reason they had a gun loaded with actual bullets or even actual bullets on the set? Isn’t like everything in movies done with blanks?
It’s my understanding the person in charge of making sure weapons were loaded with blanks had issues with using real rounds in the past.
Who is this person and why isn’t he charged / in jail?
It’s armorer Hannah Gutierrez Reed, and she has been charged with two counts of involuntary manslaughter, and tampering with evidence. The trial starts next month and she could face up to three years in prison if convicted.
Just 3 years? That seems really lenient.
She also tried to hand off her coke to another crew member when the cops showed up.
I think it was something about it being used for target practice off set IIRC.
You’re supposed to check the chamber that’s how guns work you empty them and you look at them and you look at them and empty them again and that’s what happens and the chamber it’s not in the clip it’s in the chamber that’s where the bullet is that’s why you shoot it
The crew were target shooting with the weapon in their off time. They were also drinking and using cocaine. Someone missed the live round.
It’s US, live bullets are just everywhere, real guns are everywhere (in Europe prop guns use different caliber, you can’t use them with live ammo). Movie sets are no exception.
Yeah, just this morning I walked outside and tripped on a shotgun. Damn near lost my left foot.
You still have feet? I’ve got only my thumbs left.
Why not use digital squibs? Oh yeah, you don’t get to shoot someone
In the face.
It’s hard to squib the face, which is where he shot her.
I too confuse basic anatomy such as face and stomach. There’s hope for us yet!
This was homicide IMO, on the part of whichever dipshit brought live rounds onto the set Baldwin should still get manslaughter for pointing a gun at someone
If simply pointing a gun at someone, even on a movie set, is manslaughter then we are in trouble.
He didn’t just point though. If he just pointed nobody would be dead.
He pointed and pulled the trigger.
The comment I replied to didn’t make that distinction.
Trump should be hanged for treason.
What?
It is somewhat ironic that a vocal antigunner ended up having a larger negligent body count than 99.99999% of US gun owners.
Sweet! You get to get down voted twice as much!
damb this guy can downvote
It is somewhat ironic that a vocal antigunner ended up having a larger negligent body count than 99.99999% of US gun owners.
we all know this guy is full of shit but if anyone was wondering how full:
US had 549 unintentional deaths by firearm in 2021
several countries’ annual gun death tolls don’t even exceed America’s accidental gun death toll in a single year, including Australia, Japan, England, Spain, and Switzerland. source (emphasis mine)
fuck you for capitalizing off this tragedy to spew bile and deceit to make yourself feel good
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Edit: Lemmy doesn’t support LaTex
I just want to objectively point out that OPs math is fairly accurate.
What Percentage of Americans Own Guns? 40%, or approximately more than 82,000,000 Americans own guns.
So, approximately 0.0006695% of gun owners experienced a negligent discharge that resulted in death.
i’m not contesting this fucker’s math i’m contesting that they are full of shit for defending a system of violence <3
you’re on thin ice as well dude
In that single year, to be clear
I’ve said it once and I’ll say it again, if you’re holding a weapon it is your responsibility to know if that weapon is live, I don’t care who hands it to you or under what context. Children learn this in rifle safety.
Does the armorer share responsibility? Definitely. But you can’t just say “someone else got hired to do that so Baldwin is off the hook.” Even pointing a gun around, live ammo or not, with the hammer cocked is plainly asinine and unsafe behavior. All Baldwin needed to do was take 5 seconds to open the chamber and look at the bullets to prevent someone losing their life, if that’s not negligence then what exactly is?
I’ve said it once and I’ll say it again, the rules of firearm safety apply in common situations, not on professional movie sets. I’m reminded of a video of a parked car causing a massive pile up in a bicycle race, because even though it wasn’t moving, the people in the middle of the pack can’t see past the cyclists in front of them, and can’t dodge the car in time. That post got comment after comment about how stupid the cyclists were, how you should always be prepared to stop at a moment’s notice, how you should never cycle anywhere without at least six miles of visibility, but the thing is, in bicycle races, common sense doesn’t apply. The roads are supposed to be clear because cyclists aren’t going to be able to see far enough ahead of them to properly react to obstacles, because that’s what bicycle races are like.
Similarly, when you’re at your friend’s house and he’s showing off his new carbine, you absolutely treat it like they’re a moron who left it chambered, and even after you make sure it’s clear, you don’t put your finger on the trigger and you don’t point it at anyone. This isn’t because it might still shoot, it’s because you need to practice that muscle memory in case your idiot friend doesn’t clear it next time. But when you’re on a movie set, the norm switches. You’re working with professionals, and when they tell you it’s cold, it’s supposed to be safe to assume that it is in fact cold. A million other actors have made that assumption a million times each, and it’s been a safe assumption virtually every time. The people at fault when the gun isn’t cold aren’t the actors who trusted the professionals, it’s the professionals who brought live ammo to a movie set.
I’d flip the share of liability, personally. The primary liable party is the armorer since it’s their actual job to handle these things. But Baldwin shares in liability IMO because of the negligence of not verifying the state of the firearm. Especially after he knew others had used it for firing real rounds.
The whole thing is just sloppy as hell and highlights to me why regulations need to be in place, or movies need to let go of the gun firing bullshit. Every god damned thing is done in CG now, they can’t afford muzzle flash suddenly?
Yeah I do agree it is primarily her fault (though why she was hired in the first place is a whole other thing, I suspect Baldwin had little to do with that anyway though). I just think he needs to take his part of the blame and not just be let off because he’s a celebrity boy.
As both the one holding the gun and the one who had a say in hiring the armorer Baldwin absolutely deserves the majority of the blame.
Core military leadership lesson: you can delegate authority, but it is impossible to delegate responsibility.
So if a stuntman dies on set the producer should be prosecuted because they hired the stunt coordinator?
This is not my area of expertise, but I’d guess that there is a difference between responsibility and criminal responsibility.
The producer could probably be sued in civil court.
