Grand jury in New Mexico charged the actor for a shooting on Rust set that killed cinematographer Halyna Hutchins
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.
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 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.
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.
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.
The cinematographer wasn't an actor. They weren't rolling. Why would you aim a (ostensibly prop) gun at somebody during a time when the cameras weren't rolling and they're not an actor?
Because they were doing a camera test. The gun was drawn and pointed in the direction of the camera, which had people behind it because there weren't supposed to be live rounds in the gun.
I thought this had been settled that it was the fault of the master amorer who was wholly unqualified to be doing the job.
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.
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?
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.
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.
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
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.
He hired the cheapest firearms manager, tolerated crew playing with real bullets, and so when he’s handed a loaded gun, it’s a direct result of his own mistakes.
Lowest bidder aside, how is this clearly not the armorer's fault front and center? It was her responsibility to handle the set props. What Baldwin paid them is irrelevant to what she claimed she could provide and was obligated to provide under contract.
She is literally the one to (a) claim the firearm was safe, but (b) load it with live ammunition.
Work in the industry, doc side but this is pretty basic producer stuff. This is 100% on the armorer and the only reason they keep trying to charge Baldwin is the legal grey area of the state they filmed in. Had this happened in a state with more production (Georgia, Louisiana, California) there would be a more direct way for prosecutors to go after the correct person. Georgia and California specifically has legal precedent from deaths on set like this.
One of the reasons credits are so long is because we hire people to maintain a safe set - think of it like a foreman for safe worksite in construction (which we also hire often). We hire a ton of people for safety from actual police to medics and rescue personnel.
Hiring an armorer is SPECIFICALLY to avoid situations like this. Because the production company is like "hey you know what? I don't think me, some producer knows how to use a gun safely, I should hire someone who's certified to do that." It's not some token job, they're supposed to be trained on how to properly load the powder of the blank rounds, how to mark and flag hot guns and dead props, and pretty fucking much rule #1A is never bring live ammo anywhere near your set.
Baldwin should not be held criminally liable and any half decent entertainment lawyer will settle that. Now civil liability, that's certainly more realistic. But even then it should be the production LLC not any 1 person.
An article I read right after this happened (which very well could have been a hit piece) said she (the armorer) was in her early 20s and would fuck around and go shooting with the prop guns when filming wasn't happening. So... kind of. Yes
It's essentially a question of "who's in charge around here and whose ass will be on the line?" Nearest example I can think of is if your boss tells you to deliver something and you get into a car accident, your work covers you with their insurance (USA!)
Even more concisely summed up with an incredibly apropos phrase, "if you give a monkey a gun, you don't get to blame the monkey when someone gets shot."
One of the biggest rules of gun safety is treat every gun as if it's loaded even when as far as you know it isn't. Regardless of how you think the ratio of culpability falls or who should be held legally accountable, he is at least partially responsible because he was the person holding the gun and aiming it at someone.
He's the one who just took a gun laying nearby (without asking anyone about it being normal), jokingly pointed it at a person and squeezed the trigger.
People defending him seem to think that "criminal stupidity" is not a thing.
If he's not lying about not pulling the trigger, then he, or the firearms manager, also bought a dangerously cheap gun.
The whole thing was a cascading failure, imho, with Baldwin at the end of it, making him no less culpable than anyone before him. Ultimately, "I didn't know the gun was loaded" is never an excuse.
All that is why he is civilly liable for her wrongful death.
The reason he is criminally liable is because, without bothering to check that the weapon was safe, he elected to point it at a woman and pull the trigger..
If he had blown through a stop sign without bothering to check that the crossroad had been closed, he would be criminally liable for the damages he caused. The fact that cameras were rolling when he did it would not excuse him of his dangerous act.
He failed to take the basic safety precautions expected of anyone handling a firearm, and he failed to introduce alternative measures for achieving the same degree of safety.
I respectfully disagree. If you touch a gun, you are responsible. If you mishandle a gun, you are responsible. If the gun fires while in your hand, you are responsible. That’s firearms 101.
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
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
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.