Rust and Related Lawsuits

[Maybenaut]

I know people say that the DA was a Democrat, but I cant really be convinced that if he hadn't done a mockup of the then President he wouldn't have been charged. Or at least was not pretty high profile.

I don’t think the charges were in retaliation for his mocking trump. To the extent politics had anything to do with it, I think it was more of an optics thing: wealthy Hollywood types come to our town to shoot a movie, they’re extraordinarily careless, and now someone’s dead as a result. I think the DA had to charge him.

[RVInit]

I know people say that the DA was a Democrat, but I cant really be convinced that if he hadn't done a mockup of the then President he wouldn't have been charged. Or at least was not pretty high profile.

The Special DA who charged him is a Republican. She even quipped that "charging Baldwin will help me with my campaign". She was running for a state Senate seat when she charged Baldwin. I think her bragging that charging Baldwin will help her win election was part of what ultimately caused the charges to be dropped. Seems like Baldwin had a good case for selective prosecution, if there is such an actual thing.

[Dave from down under]

https://www.abc.net.au/news/2023-06-14/ ... /102477590

The weapons supervisor on the film set where Alec Baldwin shot and killed a cinematographer has been accused of drinking and smoking marijuana by prosecutors, accusing her of being likely hungover when she loaded a live bullet into the revolver that the actor used.

Key points:
Hannah Gutierrez-Reed's attorneys have sought to dismiss her involuntary manslaughter charge linked to the Rust movie shooting
They have accused the prosecution of mishandling the case
Prosecutors are continuing to investigate the incident including looking into where the live rounds came from

They levelled the accusations on Friday in response to a motion filed last month by Hannah Gutierrez-Reed's attorneys that seeks to dismiss her involuntary manslaughter charge.

The prosecutors accused her of having a history of reckless conduct and argued it would be in the public interest for her to "finally be held accountable."

Jason Bowles, Ms Gutierrez-Reed's attorney, said on Tuesday the prosecution has mishandled the case.

"The case is so weak that they now have chosen to resort to character assassination claims about Hannah," Mr Bowles told The Associated Press.

[bob]

Reuters: Prosecutors to recharge Alec Baldwin for 'Rust' shooting:

New Mexico prosecutors on Tuesday said they intended to recharge actor Alec Baldwin with involuntary manslaughter for the fatal shooting of "Rust" cinematographer Halyna Hutchins in 2021.

Baldwin's case will be brought before a grand jury in mid-November, special prosecutor Kari Morrissey said.

The move followed results of an independent forensic test that found Baldwin had to have pulled the trigger of a revolver he was rehearsing with for it to fire the live round that killed Hutchins and wounded director Joel Souza.

* * *

The "30 Rock" actor was originally charged with involuntary manslaughter in January for Hutchins' death, along with the movie's chief weapons handler Hannah Gutierrez, who faces a 2024 trial.

The planned grand jury marked a setback for Baldwin after prosecutors dismissed charges against the actor in April after new evidence the gun he used might have been modified, allowing it to fire without the trigger being pulled.

[RTH10260]

Reuters: Prosecutors to recharge Alec Baldwin for 'Rust' shooting:

The planned grand jury marked a setback for Baldwin after prosecutors dismissed charges against the actor in April after new evidence the gun he used might have been modified, allowing it to fire without the trigger being pulled.

Would this mean that he could get charged as producer for not having sufficient safety procedures in place? I guess such a charge would also be placed against the weapons handler too?

[bob]

Reuters: Prosecutors to recharge Alec Baldwin for 'Rust' shooting:

The planned grand jury marked a setback for Baldwin after prosecutors dismissed charges against the actor in April after new evidence the gun he used might have been modified, allowing it to fire without the trigger being pulled.

Would this mean that he could get charged as producer for not having sufficient safety procedures in place? I guess such a charge would also be placed against the weapons handler too?

I think "might" was doing all the work there, as the prosecutor claims now to have evidence showing Baldwin personally pulled the trigger.

It appears the prosecutor is interested in Baldwin (as the shooter) and the armorer (as the [negligent] loader). But I also wouldn't rule out yet some sort of vicarious liability for the producer(s).

[RVInit]

She intends to charge him but the grand jury doesn't meet until November. I mean, I understand that grand jury system is not necessarily fair, but she's just saying the usually quiet part out loud.

[Flatpoint High]

Reuters: Prosecutors to recharge Alec Baldwin for 'Rust' shooting:

Would this mean that he could get charged as producer for not having sufficient safety procedures in place? I guess such a charge would also be placed against the weapons handler too?

I think "might" was doing all the work there, as the prosecutor claims now to have evidence showing Baldwin personally pulled the trigger.

It appears the prosecutor is interested in Baldwin (as the shooter) and the armorer (as the [negligent] loader). But I also wouldn't rule out yet some sort of vicarious liability for the producer(s).

Stars create their own production company as a way of owning their participation. take for example busboy productions (Jon Stewart) and The Daily Show or Spartina (Stephen Colbert) Worldwide Pants (Letterman) his being a 'producer' does jot necessarily mean he had creative control or any real input w/the executive producers except for saying he'd pull out if X, Y or Z didn't/ddi happen. the fact that there wee those who went to him w/safety concerns rather than the actual money people is concerning

[New Turtle]

I wonder is the movie gonna actually be finished and released?

[RTH10260]

FWIW

Leaked video shows Alec Baldwin on the Rust set with prop guns
Alec Baldwin expressed concern for crew members' safety in leaked Rust set footage

Mary Kate Carr
Published November 16, 2023

New footage of Alec Baldwin on the set of Rust with a prop gun has been leaked to the public amid ongoing legal issues pertaining to the film. NBC News obtained five videos from the set, which were taken days before Baldwin fired a prop gun that injured director Joel Souza and killed cinematographer Halyna Hutchins. Baldwin, who served as both actor and producer on Rust, has denied responsibility for the fatal incident.

The previously unseen footage sees Baldwin firing prop weapons as well as preparing before takes. In one of the clips, he tells someone offscreen to move to the “other side of the camera” because “I don’t want to shoot towards you.” In another, he expresses concern about the safety of a particular trail on which they were filming and suggests finding an easier route; in a clip from filming the same scene, a camera operator falls and Baldwin repeatedly asks “Are you okay?” before filming resumes. Other clips seem to show rehearsal footage with prop guns.

The videos are reportedly “among dozens that special prosecutors requested from Rust Movie Productions LLC in the spring and didn’t receive until October,” per a source for NBC News. Another source claimed that “prosecutors no longer believed the gun Baldwin had been using on set was modified and that they had found new evidence that they believed connected Baldwin to recklessness around safety standards on the set.” Special prosecutors in New Mexico, where Rust was filmed, were scheduled to convene a grand jury on Thursday to decide whether Baldwin should be recharged with involuntary manslaughter, but a judge rescheduled the date.

[raison de arizona]

Well that doesn’t fit their narrative at all.

[RTH10260]

Alec Baldwin indicted by grand jury for fatal shooting on New Mexico film set
Actor charged with involuntary manslaughter for shooting on Rust set that killed cinematographer Halyna Hutchins

Guardian staff and agencies
Fri 19 Jan 2024 20.33 CET

A grand jury has indicted actor Alec Baldwin in connection with the 2021 fatal shooting on the movie set Rust.

The grand jury in Santa Fe, New Mexico, indicted Baldwin on a charge of involuntary manslaughter on Friday, reviving the case against the actor.

The shooting took place in October 2021, during a rehearsal on the film set of Rust. Baldwin, the lead actor and a co-producer on the Western, was pointing a gun at cinematographer Halyna Hutchins when the gun went off, killing her and wounding director Joel Souza.

Baldwin has said he pulled back the hammer, but not the trigger, and the gun fired.

Judges recently agreed to put on hold several civil lawsuits seeking compensation from Baldwin and producers, after prosecutors said they would present charges to a grand jury. Plaintiffs in those suits include members of the film crew.

Special prosecutors dismissed an involuntary manslaughter charge against Baldwin in April, saying they were informed the gun might have been modified before the shooting and malfunctioned. They later pivoted and began weighing whether to refile a charge against Baldwin after receiving a new analysis of the gun.

They brought the case before a grand jury in Santa Fe this week.




https://www.theguardian.com/film/2024/j ... rust-movie

[andersweinstein]

Jury was seated today in the NM trial of Rust armorer Hannah Guiterrez-Reed for involuntary manslaughter. Court TV will livestream starting with opening statements Thursday 2/22.



Beyond the facts you know about, the state is expected to emphasize her marijuana and cocaine use as part of their case against her. They added a charge of evidence tampering for allegedly disposing of a small amount of cocaine on the set. Preview from a lawtuber here:

[RTH10260]

a snippet.

Alec Baldwin's 'Rust' Gun Operation Broken Down by Firearms Expert

Law&Crime Trials
27 Feb 2024

Firearms expert Lucien Haag took the stand to demonstrate to the jury how the gun that Alec Baldwin allegedly used to fatally shoot cinematographer Halyna Hutchins works. Some witnesses in the trial so far believe that Hannah Gutierrez was disorganized and irresponsible when it came to firearms on set. If convicted, Gutierrez faces up to 18 months in prison.

[neonzx]

a snippet.

The snippet video is 54 minutes. Can anyone digest this down into a few written sentences?

[RVInit]

a snippet.

The snippet video is 54 minutes. Can anyone digest this down into a few written sentences?

He says he and his son own six guns just like the one Baldwin used on set and they could not get any of them to shoot without pulling the trigger.

The first special prosecutor (the one who wrote emails bragging that she will win her Republican primary if she indicts Baldwin) gave the FBI permission to do destructive testing, i.e hit the gun with a mallet while it was in several different configurations of hammer being pulled back, etc. So, the gun Baldwin actually used on set was effectively destroyed by the FBI at the direction of the first Special Prosecutor. So, the defense could not test the gun, which had gone off in the hands of Baldwin's stunt double supposedly also without pulling the trigger. I don't know what to think myself on that, but another gun supplied by the same person had to be returned due to malfunction which did not actually kill anyone. So, there is that. But yah, according to this witness, the style of gun Baldwin used could not have fired without the trigger being pulled, unless he had it on the trigger before pulling back the hammer, and then let go of the trigger and then subsequently let go of the hammer. But we will never know for sure the condition of the original gun, the FBI has two contradictory reports and then they effectively destroyed the gun.

[RVInit]

I've listened to this trial. On day one I thought the prosecution might actually have to beg the defendant to take a plea deal if they want a conviction. But they did get their shit together and likely she will go down.

My prediction is they will then offer her a plea deal to testify against Baldwin, she will take the deal, and Baldwin will likely be convicted from what I've seen so far.

[RVInit]

I've listened to this trial. On day one I thought the prosecution might actually have to beg the defendant to take a plea deal if they want a conviction. But they did get their shit together and likely she will go down.

My prediction is they will then offer her a plea deal to testify against Baldwin, she will take the deal, and Baldwin will likely be convicted from what I've seen so far. But they will get her convicted first and then give her the deal with probably no or low sentence to testify against Baldwin. Maybe.

[andersweinstein]

...
So, the gun Baldwin actually used on set was effectively destroyed by the FBI at the direction of the first Special Prosecutor. So, the defense could not test the gun, which had gone off in the hands of Baldwin's stunt double supposedly also without pulling the trigger.

Fine point, but I don't think that accidental discharge involved the same gun or even the same type of gun.
From the NM OHSB (which everyone calls "OSHA") report:

On October 16, 2021, there were two firearms misfires on the Rust set. In the first instance, Sarah
Zachary inadvertently fired a blank round as she finished loading a .45 caliber revolver that was aimed at
the ground. To return the hammer to the closed position and make the firearm safe, the operator must
hold the hammer and depress the trigger, guiding the hammer to the closed position deliberately. In the
case of the first misfire, the hammer slipped from Ms. Zachary’s thumb or fingers, likely resulting in the
firing pin on the hammer striking the primer which ignited the powder, firing the blank round.

16. The second misfire on October 16, 2021, involved Blake Teixiera, Stunt Double for Alec Baldwin,
and a lever action rifle of unknown make and model. It is not known how the misfire happened, as
according to some statements he was alone in “the cabin”, and others state he was not alone. Hannah
Gutierrez-Reed stated that Blake Teixiera’s only comment was “it just went off.” Hannah Gutierrez-Reed
described that it is probable the rifle fired by being placed onto the ground too roughly.

https://www.env.nm.gov/occupational_health_safety/wp-content/uploads/sites/12/2022/04/2022-04-19-NM-OSHA-Rust-Summary-of-Investigation.pdf

The report does make much of the fact that no corrective action was taken in response to these accidents.

[RVInit]

I forgot the most shocking testimony. The medical examiner testified that there were multiple mistakes made by first responders AND at the hospital and that her wounds may possibly not have been fatal without those mistakes. OMG. I had no idea.

[Slim Cognito]

Jeez!

[WhiteH2O]

Some background on these firearms.

For many years I shot similar revolvers in competition. While I didn’t use the exact same model I did use several of the Pietta products similar to these. I still own three or four. We typically had to modify the trigger mechanisms as several pieces tended to be soft, leading to either poor trigger action or excessive wear. Not infrequently the sear surfaces would wear so severely that the hammer would droop into the sight picture at full cock. Note too, these Italian made copies have internal parts that are slightly smaller than the original American made Colt’s, thus parts are not interchangeable between the US made revolvers nor, generally, between the several Italian brands.

[raison de arizona]

Some background on these firearms.

For many years I shot similar revolvers in competition. While I didn’t use the exact same model I did use several of the Pietta products similar to these. I still own three or four. We typically had to modify the trigger mechanisms as several pieces tended to be soft, leading to either poor trigger action or excessive wear. Not infrequently the sear surfaces would wear so severely that the hammer would droop into the sight picture at full cock. Note too, these Italian made copies have internal parts that are slightly smaller than the original American made Colt’s, thus parts are not interchangeable between the US made revolvers nor, generally, between the several Italian brands.

I’m not familiar enough with that terminology to ascertain whether that lends credence to Baldwin’s claims or diminishes them. Thank you though!

[Uninformed]

I’m no expert (and the video anppears incomplete) but I can’t see what testing a gun with replacement parts because the gun was broken while in the possession of the FBI proves. When and how was the gun broken? Were the internal parts inspected before it broke? If two parts were found to be broken, when did they break and was it at the same time? Did one part break/distort in such a way as to make the gun malfunction on the film set but have subsequently been broken/dislodged and allow the gun to function “correctly” until the second part failed?

[bob]

I’m no expert (and the video anppears incomplete) but I can’t see what testing a gun with replacement parts because the gun was broken while in the possession of the FBI proves.

"In theory," destructive testing allows for experiments on the object's overall durability, e.g., if you can prove the rest of the object was durable, it lessens the likelihood that a specific part failed due to degradation.

Whether a jury will buy such an argument, however, often depends on the credibility of the testifying expert.