Gardenista
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It would be up to the New Mexico prosecutors to figure out whether the actual circumstances fit the offense of involuntary manslaughter. If someone stole the gun, that might be relevant because that would be an unlawful act, or also leaving guns around without 'due caution and circumspection', which might point to the Armorer...2011 New Mexico Statutes :: Chapter 30: Criminal Offenses :: Article 2: Homicide, 30-2-1 through 30-2-9 :: Section 30-2-3: Manslaughter.What legal jeopardy can those people (who loaded the guns and then returned the loaded gun, if that's what happened) face? Could they be charged?
From IMBD, it appears that film, Freedom's Path, had a Second Assistant Director who was already working with him, and probably took over his job, since there's no one listed on that production as AD. I also notice they had three people working as Armorers. Seems a much bigger budget for that film.Isn't that exactly what happened to the AD on a previous set though? There was an incident where his carelessness caused him to be let go that same day as I recall. I don’t have a link to a story with that info available but I'm sure we've heard that several times in the later pages of the prior thread here.
There's been some suggestions that he wasn't supposed to shoot the gun, he was just practising the movement of pulling the gun from his holster.Very good article:
Alec Baldwin: What are prop guns and why are they dangerous?
Image source, Getty Images
On a film set, a real-life tragedy has happened.
Police say US actor Alec Baldwin fired a prop gun that killed cinematographer Halyna Hutchins and wounded director Joel Souza on a film set in New Mexico. They were working on the film Rust.
[...]
Film sets usually have strict rules about the use of prop guns. Specialists provide weapons for use on film sets and advise on their use.
"There's basic safety measures on every set," said Mike Tristano, an armourer who has worked with Alec Baldwin in the past.
"You never point a gun, even if it is not a firing gun, at anyone else. I'm at a loss how this could have happened and how it could have done that much damage."
A common shot in film shows an actor firing into the camera and Steven Hall, who has worked on films such as Fury and The Imitation Game, says it only happens with safeguards.
"If you are in the line of fire... You would have a face mask, you would have goggles, you would stand behind a Perspex screen, and you would minimise the number of people by the camera, " he said.
"What I don't understand in this instance is how two people have been injured, one tragically killed, in the same event."
Others working in film wondered why, at a time when gun effects can be cheaply added using computers, blanks are still being used at all.
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Much more here:
Alec Baldwin: What are prop guns and why are they dangerous?
The people who brought live ammo onto the set are the ones I’m most angry with. Next up: anyone who knew the live ammo was there, and that it had been used for target practice in set guns. The armourer for not doing her job. The AD for handing off the gun and from the sounds of it, generally being a pompous Azz. Finally, AB - who despite his many years of experience as an actor, and being part of the production team - subsequently failing to recognize how desperately unsafe and very wrong things were on the Rust movie set. Then still pulling a trigger.
I'm not sure what you mean in terms of 'be held responsible' or 'be held accountable'. Those are pretty vague terms.
The criminal law is very clear: if someone (one person, or a deliberate conspiracy of people), take an action, or fail to take an action, which is specifically listed in the criminal code of that area as a criminal offense, then they can be criminally charged.
I don't know the criminal code in New Mexico: is it prohibited to have live ammunition, or to put it somewhere not locked up?
On the other hand, safety rules are created and enforced by the organization, above and beyond what the criminal code requires. The only punishment is, potentially, being fired for violating the rules, or allowing your staff to violate the rules, and that all depends on circumstances.
Yep, from what has been reported, guns were used by some crew members to shoot at beer cans, using real bullets. It might have went on the very same day the incident happened. What legal jeopardy can those people (who loaded the guns and then returned the loaded gun, if that's what happened) face? Could they be charged?
The Wild West is more legend than fact. This Frontier period was from 1865-1895.This movie set will be the symbol of Real Wild West!
This, exactly.
Respectfully snipped…
My problem with AB is that, even if his responsibility to check the gun was not as great as those of the armorer and director, he simply should have known better.
Alec has been acting since before that young armorer was born. IMO that armorer is a mess and a hazard who should not have been hired. But Alec is such a huge name that we all know as important as this story is, it wouldn't be as prominent in the news if it were an indie film with no names.
Alec has been around the block, many times. It should IMO have been reflexive for him to say "wait, I'm going to check the gun before I aim," even though he was told it was a cold gun, and even though he may not have had roles that required him to use guns in the past. He's just been around enough that he should have seen and heard and known what the practices should be. And he's not shy about complaining when he doesn't get what he wants…
JMO.
I saw an excellent comment on one article that stated, “If AB was directed to point the gun at himself in a scene, do you think he would have checked/cleared the gun first?”
The article said that AB was told it was a "cold gun."There's been some suggestions that he wasn't supposed to shoot the gun, he was just practising the movement of pulling the gun from his holster.
Report: Alec Baldwin Was Practicing Holstering His Prop Gun When He Shot, Killed Halyna Hutchins
So, I envisage everyone just rehearsing the movements and maybe saying 'bang, bang', no expectation that AB would actually pull the trigger.
I guess until we find out more details of ‘No ammo on the set’ it can’t be determined who will be held accountable. And I realize there will be varying levels of it: criminal, civil, job termination, etc.