Alec Baldwin fired prop gun, killing 1 on movie set, Oct 2021 #4

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Paragraph 47 is significant. Plaintiff asserts that the script did not call for the gun to be pointed directly at the camera. This will be verified (or not) in discovery, when a copy of the script will be subpoenaed and the scriptwriters deposed. Until that time the issue of what the script called for (and implications of that) should be viewed as being technically in dispute, although it would be unusual for an attorney to make such a significant assertion without being confident that it would be backed up in discovery.
 
Paragraph 47 is significant. Plaintiff asserts that the script did not call for the gun to be pointed directly at the camera. This will be verified (or not) in discovery, when a copy of the script will be subpoenaed and the scriptwriters deposed. Until that time the issue of what the script called for (and implications of that) should be viewed as being technically in dispute, although it would be unusual for an attorney to make such a significant assertion without being confident that it would be backed up in discovery.

Replying to self because two late to edit.

In particular, if Paragraph 47 holds up, it invalidates this story:

https://www.washingtonpost.com/ente...5282f0-368c-11ec-9bc4-86107e7b0ab1_story.html
 
Hannah Gutierrez Reed wasn't the only weapons expert working on 'Rust.' Who was the 'armorer mentor'?

The film's producers also had brought in a second gun expert: Seth Kenney, who owns a licensed Lake Havasu City, Ariz., weapons and props rental company. Kenney was added to the "Rust" crew in late September as an "armorer mentor" for Gutierrez Reed, according to an internal "Rust" crew list shared with the Los Angeles Times.

Kenney, 51, suggested Gutierrez Reed for the armorer job, according to a person close to the production who was not authorized to comment.

He also supplied the guns used in "Rust," according to six people familiar with the matter who asked not to be identified because of the sensitive nature of the Santa Fe County Sheriff's Office investigation into last month's deadly shooting in New Mexico.

Two of the knowledgeable people who spoke with The Times said Kenney provided the Colt .45 that Baldwin fired that day.

Wow. This makes things 100 times worse.
 
Well, forget about all the prior reporting… This is the most detailed & chilling account of how things really went down that day. Really disturbing how many people sequentially dropped the ball. Doesn’t even seem possible for that many people to screw up so badly. Absolute recklessness. Imo
Chilling is right! The loaded gun passed through the hands of Zachary, Gutierrez-Reed, Halls and Baldwin. Four opportunities to discover and unload the bullet. IMO it's going to be an uphill battle for the defendants.

Interesting that Seth Kenney, one of the defendants, was named as the armorer mentor and also supplied the guns, including the Colt. Apparently he recommended HGR for the position of armorer. Needing a "mentor" doesn't inspire a lot of confidence in HGR IMO.

https://deadline.com/wp-content/uploads/2021/11/rust-lawsuit.pdf
 
I just caught the last 3 minutes of an NBC clip with Dordick (attorney).He blasted the crew. If anyone has a link to the clip please post it. TIA


“The attorney called Baldwin's actions on set "reckless and irresponsible." He was referring to the actor pointing the gun during a scene rehearsal and pulling the trigger. Dordick claimed Baldwin should not have assumed the gun was safe and checked it himself. According to affidavits, Baldwin was told the gun was cold or "unloaded" by Halls”



‘Rust’ gaffer's lawyer says Alec Baldwin was 'irresponsible,' armorer ‘failed at job miserably’
 
Sabotage seems to be the leading excuse for HGR's lack of safety management. According to her lawyer. Um, okay. And wasn't it she who examined the gun after the shooting, removing the spent casing before police arrived? I'd call that tampering. Did she (or anyone else) remove other items before police arrived?

@JaneEyre what did the gaffer post on FB? Can you paraphrase what he said?
 
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Sabotage seems to be the leading excuse for HGR's lack of safety management. Um, okay. And wasn't it she who examined the gun after the shooting, removing the spent casing before police arrived? I'd call that tampering. Did she (or anyone else) remove other items before police arrived?

@JaneEyre what did the gaffer post on FB? Can you paraphrase what he said?

More Live Bullets Found On ‘Rust’ Set —But No Evidence Of ‘Sabotage,’ Santa Fe DA Says

Doesn't look like sabotage to LEO.
 
'Rust' crew member files negligence lawsuit over fatal shooting

And there is the first one. I wouldn't be surprised if this litigation goes on for years.

Others will literally follow suit. The named persons are Baldwin, Harris, Reed, and some others. Clearly those three touched the weapon that caused the bullet to fire, but in a civil suit, the jury can decide who is responsible.

And yes, I think it will take years - although being first on the pile, perhaps this one has a chance of settling out of court.
 
Sabotage seems to be the leading excuse for HGR's lack of safety management. According to her lawyer. Um, okay. And wasn't it she who examined the gun after the shooting, removing the spent casing before police arrived? I'd call that tampering. Did she (or anyone else) remove other items before police arrived?

@JaneEyre what did the gaffer post on FB? Can you paraphrase what he said?
There's a link to it in this article. I recommend reading the entire thing.

'Rust' gaffer publicly blames armorer, producers for 'negligence' that led to Halyna Hutchins' death
 
He probably should not have made that earlier Facebook post if he was going to sue AB. I think it will come back to haunt him.
I don’t see anything in direct conflict between his early, still-traumatized FB post & the lawsuit claims. Mentioning that AB will have to live with Halyna’s death because others failed to follow procedure does not mean he stated AB played no part in her resulting death. AB didn’t follow the script. He pointed a gun in an off-script direction. He pulled a trigger that was not scripted to fire. He didn’t check the gun himself. Some of these facts probably didn’t become clear until after the investigation began to unfold. Imo, jmo.

“…and the actor Alec Baldwin, who has been handed a gun on set. He has to live with the thought that he took the life of the human because of unprofessional people.”
 
I don’t see anything in direct conflict between his early, still-traumatized FB post & the lawsuit claims. Mentioning that AB will have to live with Halyna’s death because others failed to follow procedure does not mean he stated AB played no part in her resulting death. AB didn’t follow the script. He pointed a gun in an off-script direction. He pulled a trigger that was not scripted to fire. He didn’t check the gun himself. Some of these facts probably didn’t become clear until after the investigation began to unfold. Imo, jmo.

“…and the actor Alec Baldwin, who has been handed a gun on set. He has to live with the thought that he took the life of the human because of unprofessional people.”
It will look like (and this may actually be the case) he realized he will have to go after deeper pockets than the two he blamed at first if he wants to get any money out of this. This already raises doubt in my mind as to his reasons for suing AB. It's not a small thing, that initial Facebook post. I'm shocked it's still up.

Also, what's in the lawsuit is alleged, not established facts. I'm not comfortable accepting anything in a civil lawsuit like this one as fact until we've seen some corroboration.
 
It will look like (and this may actually be the case) he realized he will have to go after deeper pockets than the two he blamed at first if he wants to get any money out of this. This already raises doubt in my mind as to his reasons for suing AB. It's not a small thing, that initial Facebook post. I'm shocked it's still up.

Also, what's in the lawsuit is alleged, not established facts. I'm not comfortable accepting anything in a civil lawsuit like this one as fact until we've seen some corroboration.

In the immediate aftermath of a trauma like that, people pull together and try to comfort each other. There's no doubt that AB was traumatized as well. That's why lawsuits and lawyers exist, though. Even if a person is hesitant to sue their neighbor after the pitbull bit them, family and friends may see a good reason to go ahead and do it - the victim starts to realize the magnitude of the situation.

Fortunately, none of us has to take the facts in the complaint on face value, although I doubt this law firm fabricated anything. The script is probably already in their hands. The facts about the Low Budget Film agreement are probably easy to produce.

It will be quite interesting to watch all of these go through the courts - much more public than our WS criminal cases often are.

The lawyer is the one deciding who to sue, I'm sure. Lawyers sure do look for deeper pockets, and some of the pockets named here are very shallow. Of course, there's a small pot of insurance money. I've heard various estimates. I'm very interested to see if it's true that they didn't take out the standard coverage. I hope they did (then it would be about $6M to cover liabilities - obviously not enough).
 
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