Alec Baldwin's 'prop firearm' kills one, injures another

Sheriff's office: Alec Baldwin discharged prop gun that killed crew member, wounded director

Baldwin is one of the film's star actors and producers. He went to the sheriff's office willingly and provided a statement to investigators, sheriff's office spokesman Juan Ríos said.

www.santafenewmexican.com

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Actor Alec Baldwin discharged a "prop firearm" that killed a cinematographer and injured a the director of the movie Rust, being filmed on a set south of Santa Fe, a county sheriff's office spokesman said late Thursday.

Halyna Hutchins, 42 and the director of photography for the movie, died at University of New Mexico Hospital in Albuquerque. The film's director, Joel Souza, was hospitalized in Santa Fe, Santa Fe County Sheriff's Office spokesman Juan Ríos said.

A source closed to the investigation said Baldwin, 63, was questioned by investigators late Thursday and was seen by a New Mexican reporter and photographer in tears.

Investigators are still trying to determine if the incident was an accident, Ríos said. No charges have been filed, and the investigation remains open, Ríos wrote in a news release.

The prop was fired at Bonanza Creek Ranch, where filming was underway, the sheriff's office said in an early evening news release. Baldwin stars in the production.

Hutchins died from her injuries after she was flown to University of New Mexico Hospital, according to the sheriff's office. Souza was taken to Christus St. Vincent Regional Medical Center, where he is receiving emergency care, the sheriff's office said. Attempts to get comment from Baldwin were unsuccessful.

“We received the devastating news this evening, that one of our members, Halyna Hutchins, the Director of Photography on a production called ‘Rust’ in New Mexico died from injuries sustained on the set,” John Lindley, the president of the International Cinematographers Guild Local 600, and Rebecca Rhine, the executive director, said in a statement, as reported by Variety. “The details are unclear at this moment, but we are working to learn more, and we support a full investigation into this tragic event. This is a terrible loss, and we mourn the passing of a member of our Guild’s family.”

Deputies were investigating how the accident occurred and "what type of projectile was discharged," the sheriff's office said in an earlier news release.

Rust Movie Productions did not immediately respond to requests for comment.

Filming for Rust was set to continue into early November, according to a news release from the New Mexico Film Office. It's described as the story of a 13-year-old boy left to fend for himself and his younger brother following the death of their parents in 1880s Kansas, with New Mexico doubling for Kansas.

Guns firing blanks have been blamed for deaths in past movie productions. Online Hollywood news site Deadline reported, "Actor Jon-Erik Hexum was killed Oct. 18, 1984, on the set of the TV series Cover Up when he accidentally shot himself in the head with a gun loaded with blanks. And in 1993, Brandon Lee, the son of martial arts legend Bruce Lee, died after he was shot in the head by a gun firing blanks on the set of The Crow. Both incidents were determined to have been accidents."

This is a developing story and will be updated.

 

[Bob Loblaw Law Blog]

Okay, I see your points. The comparison to if it was pointed at himself is especially persuasive.

I still personally believe that most of the blame falls on those tasked with ensuring an environment where gun safety rules can be broken as it’s their specific responsibility on set. But, these are good points to put Bladwin more at fault

as a producer of the film, he hired a shit armorer...so he should get a good amount of the accountability shifted to him. He not only pulled the trigger, he hired shitty employees.

 

[Creepuscular]

Congrats, you picked out one word, badly chosen due to distractions, well done.
You should be so lucky as to be able to write at the postgrad level when you have the Panda Express squirts.

It’s at least the fourth time you’ve said it though. Here’s two more. One is too long to quote.

Yes, and ever since Brandon Lee’s death those rules include never pointing a firearm at anyone on set for any reason.

since Brandon Lee’s death has stipulated that firearms on-set are never to be aimed directly at another person, period

This much Panda Express isn’t healthy.

 

[SITHRAK!]

Here’s two more.

Different organizations have different guidelines and protocols. Who knew?

 

[Creepuscular]

Different organizations have different guidelines and protocols. Who knew?

That says never do it unless it’s been cleared by the proper authority. If there are exceptions to never, then it’s not never.

 

[SITHRAK!]

If there are exceptions to never, then it’s not never.

Technically correct is still correct, so... props to you, I guess.

 

[Creepuscular]

Technically correct is still correct, so... props to you, I guess.

Honestly, I’m not looking for props. I’m only making the point real guns get pointed at people on movie sets all the time.

Brandon Lee was killed due to a barrel obstruction. They didn’t stop pointing real guns at people because of it. What changed is inspecting the barrel for obstructions became the standard practice.

 

[Iron Hamster]

Odd that he claims Hannah gave him the gun for that shoot in the police interview but says Hall did in the Gerbilopolous interview.

 

[East_Clintwood]

So footage of Alec Baldwin's intitial police interview is out for the curious, and it's a perfect case study of why you do not talk to the cops without a lawyer present.

Basic footage:

https://www.youtube.com/watch?v=qpl0Ol-N-PU&t=10s

Footage with commentary by Andrew Branca aka Law of Self Defence (probably my personal favourite legal expert on this subject)

https://www.youtube.com/watch?v=R3GbRpyvmrA

 

[Particle Bored]

So footage of Alec Baldwin's intitial police interview is out for the curious, and it's a perfect case study of why you do not talk to the cops without a lawyer present.

Basic footage:

https://www.youtube.com/watch?v=qpl0Ol-N-PU&t=10s

Footage with commentary by Andrew Branca aka Law of Self Defence (probably my personal favourite legal expert on this subject)

https://www.youtube.com/watch?v=R3GbRpyvmrA

Rekieta also watched it with guntuber Brandon Herrera/The AK Guy.

Rekieta thinks he implicated himself for negligence in the interview. What did Branca think?

(Cant believe that retard did the interview without a lawyer present)

 

[SITHRAK!]

(Cant believe that retard did the interview without a lawyer present)

Massive overblown narcissism and boundless ego are hells of drugs.

 

[East_Clintwood]

Rekieta also watched it with guntuber Brandon Herrera/The AK Guy.

I did see that once, but I wasn't sure if the 5hr+ runtime was an insanely in-depth discussion, or if they covered a bunch of random shit, and I haven't had a chance to watch and see which it is yet (I'm guessing the latter)

Rekieta thinks he implicated himself for negligence in the interview. What did Branca think?

Branca's been convinced from day one that this easily meets the threshold for involuntary manslaughter, and he thinks a bunch of what Baldwin says here just further reinforces that, and frankly I agree. baldwin repeatedly mentions how dangerous guns are, yet when offered the chance to inspect them himself (something which takes a couple of seconds, and which he admits with his experience he is able to do, he refuses.

At about 12:27: “Or she’d say cold gun. She’d say ‘test it,’ or some language to indicate, she handed me the gun, that it was fine. And she’d say, “Do you want to check?” … And I didn’t want to insult her, we never had a problem.”

Nigger if you're worried the person in charge of gun safety would be insulted that you're double checking the gun, you'd need to get rid of them anyway. I've been handed weapons by people who are trained and qualified far far better than me. I've been handed weapons by people who've been doing that shit since literally before I was born, and yet I still check that shit immediately, and if they bitched I'd never fucking trust them again. Hell the first range I ever went to in the US I ended up walking out and never going back because of something similar.

(Cant believe that retard did the interview without a lawyer present)

I can because
a)he's an egomaniac convinced he really dindu nuffin
b)He's a celeb who knows he's likely never getting charged, even though he should be.

Honestly, props to the officers for how smoothly they got him to waive his Miranda rights, like it was nothing. I mean Miranda warning or not I'd likely never let the cops question me without a lawyer pressent, but the second that warning comes out it's full adversarial mode.

 

[JohnDoe]

Branca's been convinced from day one that this easily meets the threshold for involuntary manslaughter, and he thinks a bunch of what Baldwin says here just further reinforces that, and frankly I agree.

Well he has case law that is perfectly in point from that states supreme court which clearly states that regardless of who loaded the gun or when, criminal liability is fixed in the person with the gun in their hand at the time of shooting. I usually like Branaca anyway but this instance it's extremely difficult to set aside his conclusion.

Found it: State v. Gilliam, 288 P.2d 675 (New Mexico Sup. Ct. 1955)
The decision was an appeal of a criminal conviction at a jury trial, in which the defendant had been found guilty of involuntary manslaughter by the act of unsafely handling a gun with the result that it discharged and killed the victim.

The NM Supreme Court ruled in that decision, in relevant part that:

It could have made no difference to the trial of a charge of involuntary manslaughter as to who loaded the gun … . All that it is necessary to establish for involuntary manslaughter by the use of a loaded firearm is that a defendant had in his hands a gun which at some time had been loaded and that he handled it … without due caution and circumspection and that death resulted.

 

[Creepuscular]

@JohnDoe

The operative part of that ruling (as I see it) is the definition of “due caution and circumspection” in this context.

If I’m handed a gun and the person handing it to me tells me it is unloaded, am I by law required to show identical caution and circumspection as I am if the person tells me it’s loaded or says nothing? Again, not by the generally accepted rules of gun safety, by law.

I honestly don’t know the answer. My assumption is it isn’t cut and dry.

 

[RodgerDodger]

Honestly, I’m not looking for props. I’m only making the point real guns get pointed at people on movie sets all the time.

Brandon Lee was killed due to a barrel obstruction. They didn’t stop pointing real guns at people because of it. What changed is inspecting the barrel for obstructions became the standard practice.

Actually no. Since Brandon Lee, they take great care in not pointing guns at people, while making it look like they do. Alot is done with clever angles and cuts. And in the cases where they are using a gun in close quarters it is disabled and non fireable. There are extremely rare and very carefully engineered inspected and managed stunts. With multiple safety checks at every step.

 

[JohnDoe]

@JohnDoe

The operative part of that ruling (as I see it) is the definition of “due caution and circumspection” in this context.

If I’m handed a gun and the person handing it to me tells me it is unloaded, am I by law required to show identical caution and circumspection as I am if the person tells me it’s loaded or says nothing? Again, not by the generally accepted rules of gun safety, by law.

Its not listed in the statute, but the court has found that yes, you do. You can't just make an assumption, the balance of risk is 'you take ten seconds to ensure the weapon is safe' or 'maybe someone gets shot.'

I honestly don’t know the answer. My assumption is it isn’t cut and dry.

Well you're wrong. The phrase “due caution and circumspection” is very broad and far reaching.

 

[Irrational Exuberance]

Nigger if you're worried the person in charge of gun safety would be insulted that you're double checking the gun, you'd need to get rid of them anyway. I've been handed weapons by people who are trained and qualified far far better than me. I've been handed weapons by people who've been doing that shit since literally before I was born, and yet I still check that shit immediately, and if they bitched I'd never fucking trust them again. Hell the first range I ever went to in the US I ended up walking out and never going back because of something similar.

The 4 universal rules of gun safety are:

1. Treat all guns as if they are always loaded.
2. Never let the muzzle point at anything that you are not willing to destroy.
3. Keep your finger off the trigger until your sights are on target and you have made the decision to shoot.
4. Be sure of your target and what is behind it.

 

[SITHRAK!]

am I by law required to show identical caution and circumspection as I am if the person tells me it’s loaded or says nothing?

Yes. It takes all of three seconds to open the loading gate or pop the cylinder on a revolver and check that the chambers are clear.
Rehearsing a shot should absolutely be done with a dummy, inactive or (if absolutely necessary) cleared weapon.
If Baldwin had taken three seconds to open the loading gate and check the cylinder he would have noticed the three rounds.
And if he wasn't a complete fuckwit he would also have noted an intact primer, which is absolutely 'put the gun down and call the armorer' territory.

He's required by union rules and workplace safety to ensure he has enough knowledge of firearms to handle the weapons he uses in a safe manner.
Not checking loaded status, pointing the weapon at someone without checking unloaded status, and cocking/placing his finger on the trigger of a weapon he hadn't verified as safe are three steps of negligence. Had he done the right thing at any of these 'control points' this incident would almost certainly have been avoided.

Is he solely responsible? Absolutely not. But as both producer, and actor who was required have learned the basics of the weapon before picking it up, culpable negligence seems like it's hard to argue against.

 

[Creepuscular]

And if he wasn't a complete fuckwit he would also have noted an intact primer, which is absolutely 'put the gun down and call the armorer' territory.

He's required by union rules and workplace safety to ensure he has enough knowledge of firearms to handle the weapons he uses in a safe manner.
Not checking loaded status, pointing the weapon at someone without checking unloaded status, and cocking/placing his finger on the trigger of a weapon he hadn't verified as safe are three steps of negligence. Had he done the right thing at any of these 'control points' this incident would almost certainly have been avoided.

The primers was something I was wondering about. It was released in that big info dump that their dummy rounds had (presumably fake) primers. Though they were a different color. IIRC, the dummy primers were silver and the live stuff had gold.

As to why they kept the dummies loaded, I have no idea. I fully admit that seems like a bad policy, but I at least want to hear an explanation why they had that policy, and I’d want to know how common that is.

 

[SITHRAK!]

The primers was something I was wondering about. It was released in that big info dump that their dummy rounds had (presumably fake) primers. Though they were a different color. IIRC, the dummy primers were silver and the live stuff had gold.

From page 38 there is some discussion of dummy rounds which traditionally have the cases drilled or slotted and the primers pulled altogether.
To the best of my knowledge this was the first forum to raise the possibility of a mixup between live and dummy rounds.
You may find revisiting the thread from there to be informative.

 

[Creepuscular]

From page 38 there is some discussion of dummy rounds which traditionally have the cases drilled or slotted and the primers pulled altogether.
To the best of my knowledge this was the first forum to raise the possibility of a mixup between live and dummy rounds.
You may find revisiting the thread from there to be informative.

Variety wrote an article on pretty much just the ammo, based on that info dump from the cops. The forum got it right. Real and dummies got mixed up.

‘Rust’ Investigation: Where Did the Live Round Come From?

The Santa Fe County Sheriff’s Office released a massive trove on Monday from its ongoing investigation into the fatal shooting on the set of “Rust.” The release adds significantly…

variety.com

From this, it sounds like the dummy rounds were visually indistinguishable from live ones, including a (presumably fake) primer. The dummies had a BB inside, and the way to affirmatively determine they were dummies was they’d rattle when shaken.