Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #6

[al66pine]

That’s some good sleuthing @al66pine!

@steeltowngirl. Thank you for your post.

Maybe that first news story settled into cobwebs of my mind because we had vacationed in Cody, WY. & Yellowstone area shortly before the shooting. I wish someone could find & post outcome of crim charges.

My memory of second story about shooter who said he had been given/picked up "WRONG GUN" Is waaay murkier, but iirc, locals speculated about shooter having 'motive' to pick up wrong gun and shoot another person in the reenactment. Like a jealous husband, with or without factual basis.

 

[steeltowngirl]

@steeltowngirl. Thank you for your post.

Maybe that first news story settled into cobwebs of my mind because we had vacationed in Cody, WY. & Yellowstone area shortly before the shooting. I wish someone could find & post outcome of crim charges.

My memory of second story about shooter who said he had been given/picked up "WRONG GUN" Is waaay murkier, but iirc, locals speculated about shooter having 'motive' to pick up wrong gun and shoot another person in the reenactment. Like a jealous husband, with or without factual basis.

Found the outcome of the first one. It was not his first offense.

A Cody man has been convicted of five counts of misdemeanor reckless endangerment for his role in last summer’s Cody Gunfighters accidental shooting, which sent three people, including a 3-year-old girl, to the hospital.

In a Sept. 20 change of plea hearing in the case, Steve Winsor, 52, pleaded guilty to the charges and was given close to the maximum one-year sentence: 360 days in prison with credit for 168 days served.
Winsor was charged with reckless endangerment more than six months after the fact, in February of this year.

He admitted to having accidentally loaded his gun with live ammunition less than a week after the July 2016 shooting.

Winsor sentenced for shooting

A Cody man has been convicted of five counts of misdemeanor reckless endangerment for his role in last summer’s Cody Gunfighters accidental shooting, which sent three people, including a 3-year-old

www.codyenterprise.com

Winsor was involved in another incident in Cody on Jan. 30, 2015, when he was accused of pointing a pair of “western” style revolvers at a friend of Winsor’s roommate. Winsor lived in an apartment at 814 14th St. in Cody at the time.

The witnesses told police Winsor pointed the guns at the man’s head and told him “Get out or die.”

Winsor was originally charged with a felony in the case, but that charge was reduced to misdemeanor reckless endangering in a February plea agreement and Winsor was placed on one year’s probation.

In March he successfully petitioned to have the court return the handguns that had been confiscated in the case.

Shooting suspect has long criminal history

The arrest of Steve Winsor of Cody on Feb. 13 capped a months-long investigation into the accidental shooting of three people at The Cody Gunfighters Show on July 29.

www.codyenterprise.com

 

[10ofRods]

Just because the copy media published may be taken on a cellphone doesn't mean it was being filmed via cellphone. Often people will pull out their cellphones while a pro might be taking pro photos or footage?

Odd, then, that we never hear any words from the crew. The iPhone user must have waited until direction was given, then started filming. Typically, work contracts for movies prohibit anyone but the official camera crew from filming (and there would have been someone filming the Video Village footage in coordination with the real camera).

That'll be easy enough to see at trial, since either there will be other footage of the same event (of Alec rehearsing for various script options and the script being changed - the script supervisor needed to be there for a real rehearsal, along with the armorer). Or there will not be other footage of this same event (there should be both the official recording and the V V recording).

I think this would have surfaced earlier had this been official, since the 550 page document and the various videos already released by police do not mention any other relevant videos. LE did ask various crew members about any available footage (rehearsal or otherwise) of Alec shooting. The video under discussion was not mentioned or released as part of that package.

I suppose LE could have just overlooked the parallel footage altogether (but I doubt it). It's excellent evidence that safety on set was iffy, since the person filming with the cell phone is not behind a plexiglass barrier and blanks are being used. But they do not mention this footage in those 550 pages. They do mention 2 other circumstances where blanks were fired on set, but not this one.

IMO.

 

[10ofRods]

Fun Western Theatrical Reenactment "that involves the crowd and always ends in gunfire!" *
One time, the wrong kind of gunfire and waaay too much audience involvement.


snipped for focus @BettyP Here's one, July 29, 2016 in Cody, WY. from a street theater production of 'historic Wild West reenactments.'

A local 51 y/o man in the show wounded three people (one in the legs, one in the chest, one in the arm) by firing live rounds instead of blanks during a Wyoming gunfighter show. He was charged with "five misdemeanor counts of reckless endangerment."
Shooter said: "live rounds got mixed up with his blanks"**

I did not locate any updates, but bet someone here could, w info at second footnote.

Also iirc, in another state, at a street theater 'historic reenactment,' when a (re-en) actor shot a person (an actor or audience member? IDK) he explained he had been handed the "WRONG GUN." I had no luck chasing that one down.
_______________________________
* One of the below, or similar, iiuc.
Wild Bunch Gunfighters Show. "See history come to life on summer nights as the Cody Gunfighters reenact a shootout in front of the historic Irma Hotel..."
Wild Bunch Gunfighters Show - Cody Yellowstone
Western re-enactments that involve the crowd in "the
street in front of Buffalo Bill’s Historic Irma Hotel... shows all end in a blaze of gunfire!"

Cody Gunfight – Cody Trolley Tours

codytrolleytours.com

** The man arrested was 51-year-old Steve Winsor, of Cody
(Park County),WY; five misdemeanor counts of reckless endangerment; jailed Tuesday on $7,500 bond.
Arrest made in live-round shootings at popular gunfighter show in Cody, Wyo.,
February 16, 2017, Associated Press.

That's crazy amazing. Good find, Alpine!

It's very lucky that people were only injured in that case. I'm still surprised that AB, HGR and DH weren't charged with at least reckless endangerment in regard to Joel Souza (apparently shooting someone accidentally is not assault, which needs intent - but reckless endangerment charges fit, IMO).

I love Cody and have seen that show - but I won't see it the same way in future!

 

[MajorHoople]

Does this help explain what went wrong on the movie set?

Local Man Who Originally Turned Down Armorer Job On 'Rust' Speaks Out

KRQE - Mar 7, 2023

 

[PrairieWind]

That's crazy amazing. Good find, Alpine!

It's very lucky that people were only injured in that case. I'm still surprised that AB, HGR and DH weren't charged with at least reckless endangerment in regard to Joel Souza (apparently shooting someone accidentally is not assault, which needs intent - but reckless endangerment charges fit, IMO).

I love Cody and have seen that show - but I won't see it the same way in future!

I am a little surprised there wasn't a reckless endangerment type of charge included here as well. That would sort of be a slam dunk.

Cody is a great place. I have a vague recollection of that event. Some quick googling shows that that guy should have never been allowed a gun let alone been a part of a public event like that.

 

[Marantz4250b]

Does this help explain what went wrong on the movie set?

Local Man Who Originally Turned Down Armorer Job On 'Rust' Speaks Out

KRQE - Mar 7, 2023

That's very interesting; if the guy they originally approached for the job is correct (and I'm sure he is) in saying that they approached him after hiring HGR because they thought she wasn't up to the job then they are Royally screwed as they made a conscious decision to continue a dangerous situation. That may not be directly related to the criminal charges we are currently seeing but it certainly won't help them, especially, if they can show that AB knew about the issue!

 

[steeltowngirl]

https://twitter.com/x/status/1633777147864047617

Alec Baldwin Sees ‘Rust’ Crew Member’s L.A. Negligence Trial Paused As New Mexico Criminal Case Moves Forward

Alec Baldwin has one less Rust trial to worry about, for now. Facing two counts of involuntary manslaughter in New Mexico for the fatal October 2021 shooting of Rust cinematographer Halyna Hutchins…

deadline.com

 

[steeltowngirl]

STATUS CONFERENCE TODAY

A status conference in State v. Alexander Rae Baldwin and State v. Hannah Gutierrez has been re-scheduled for March 9, 2023 at 2:30 p.m. This hearing will be conducted virtually and will be live streamed to the New Mexico Courts YouTube channel. At the status conference, the court and the parties are expected to discuss scheduling of future hearings.

First District Court | The Judicial Branch of New Mexico

firstdistrictcourt.nmcourts.gov

 

[Betty P]

@steeltowngirl. Thank you for your post.

Maybe that first news story settled into cobwebs of my mind because we had vacationed in Cody, WY. & Yellowstone area shortly before the shooting. I wish someone could find & post outcome of crim charges.

My memory of second story about shooter who said he had been given/picked up "WRONG GUN" Is waaay murkier, but iirc, locals speculated about shooter having 'motive' to pick up wrong gun and shoot another person in the reenactment. Like a jealous husband, with or without factual basis.

Just to clarify, your story about a shooter picking up a wrong gun to shoot someone else due to jealousy has nothing to do with the shooting of Halyna on the Rust set, correct? TIA

 

[Gardenista]

 

[Betty P]

Well, ok. They have a date for the preliminary hearing.

 

[10ofRods]

Looks like the big news, from Twitter/Law and Crime Network is that people just realized that the gun was accidentally destroyed by the FBI.

So, no one is reporting when the Prelim is actually set. When I finally come across it, I'll post. I do fear Alec will get off entirely due to the destruction of the revolver.

IMOO.

(I need a picture of an Emu).

 

[al66pine]

dbm

 

[Betty P]

Looks like the big news, from Twitter/Law and Crime Network is that people just realized that the gun was accidentally destroyed by the FBI.

So, no one is reporting when the Prelim is actually set. When I finally come across it, I'll post. I do fear Alec will get off entirely due to the destruction of the revolver.

IMOO.

(I need a picture of an Emu).

I listened without taking notes. They set a deadline for getting a list of witnesses to the defense and a date for the Preliminary hearing. First week of May, pretty sure with witness list deadline 2 weeks before that.

ETA: Per the video of the status hearing above, the prelim hearing date is May 3.

 

[al66pine]

Just to clarify, your story about a shooter picking up a wrong gun to shoot someone else due to jealousy has nothing to do with the shooting of Halyna on the Rust set, correct? TIA

@BettyP
Absolutely, positively correct.
Thx for asking.

 

[Marantz4250b]

Looks like the big news, from Twitter/Law and Crime Network is that people just realized that the gun was accidentally destroyed by the FBI.

So, no one is reporting when the Prelim is actually set. When I finally come across it, I'll post. I do fear Alec will get off entirely due to the destruction of the revolver.

IMOO.

(I need a picture of an Emu).

From reading the report, the gun wasn't destroyed. It was damaged internally during testing; that came about because, as the FBI pointed out in the report, the only way they could make it fire was by putting so much force on the hammer it smashed the internal safety mechanisms causing them to be overridden.

Far from it giving AB a free pass it proves absolutely that the only way he managed to shoot two people was because he was pulling the trigger!

Even if the FBI had managed to blow the thing to pieces during their resting it still doesn't change the conclusions of their report - namely, at the time AB shot two people with it, it was in perfect working order and could not have discharged without the trigger being pressed!

This all just comes over as lawyers being lawyers and trying to get the thing thrown out, rather than actually putting up a defence case, quite frankly.

 

[CGray123]

I am a little surprised there wasn't a reckless endangerment type of charge included here as well. That would sort of be a slam dunk.

Cody is a great place. I have a vague recollection of that event. Some quick googling shows that that guy should have never been allowed a gun let alone been a part of a public event like that.

IMO, the influence of politics explains the felony-level charge against AB. Politicians want to "make a statement", especially when their state (which doesn't regulate filmmakers very effectively) has been embarrassed on a national stage. Illegal Ex post facto application of the sentence enhancement statute to the case illustrates this point.

A misdemeanor charge like negligent use of a deadly weapon would not have had the same PR impact.

MOO, prosecutors will have a tough time proving that an actor whose support staff assured him the gun to be used was safe acted with gross negligence when he practiced using it on the set before the scene was to be filmed.

The armorer is in serious jeopardy, though.

AB's production company will probably be liable for the acts of its agents, including the armorer who obviously failed and the assistant director who called "cold gun." But the felony criminal charge against AB is political overkill. MOO

 

[Betty P]

IMO, the influence of politics explains the felony-level charge against AB. Politicians want to "make a statement", especially when their state (which doesn't regulate filmmakers very effectively) has been embarrassed on a national stage. Illegal Ex post facto application of the sentence enhancement statute to the case illustrates this point.

A misdemeanor charge like negligent use of a deadly weapon would not have had the same PR impact.

MOO, prosecutors will have a tough time proving that an actor whose support staff assured him the gun to be used was safe acted with gross negligence when he practiced using it on the set before the scene was to be filmed.

The armorer is in serious jeopardy, though.

AB's production company will probably be liable for the acts of its agents, including the armorer who obviously failed and the assistant director who called "cold gun." But the felony criminal charge against AB is political overkill. MOO

It makes me wonder about the liability of the persons who hired HG and supervised her. IIRC, the person she reported to wasn't even on the set. She communicated with them by phone. When the earlier accidents happened, her supervisor should have replaced her, JMO. I know that's 20/20 hindsight, but where are the lawsuits and criminal charges against them?

 

[10ofRods]

From reading the report, the gun wasn't destroyed. It was damaged internally during testing; that came about because, as the FBI pointed out in the report, the only way they could make it fire was by putting so much force on the hammer it smashed the internal safety mechanisms causing them to be overridden.

Far from it giving AB a free pass it proves absolutely that the only way he managed to shoot two people was because he was pulling the trigger!

Even if the FBI had managed to blow the thing to pieces during their resting it still doesn't change the conclusions of their report - namely, at the time AB shot two people with it, it was in perfect working order and could not have discharged without the trigger being pressed!

This all just comes over as lawyers being lawyers and trying to get the thing thrown out, rather than actually putting up a defence case, quite frankly.

Yes, a really gun-knowledgeable person will accept that.

But, typically, the defense has the right to examine the evidence (which was, originally, a working handgun). Now it is inoperable. That may disqualify it from being brought in as evidence (in terms of speaking about how much force it would take to operate it).

I agree that no conclusions are changed, but I do believe that it will be a big sticking point. The defense is going to claim they were denied the chance to have independent analysis of that gun.

This isn't just "lawyers being lawyers" imo, this is how our legal system works. I was shocked to learn that the FBI didn't stop amping the force up when they had concluded (rightly) that it took "a lot" of force to fire the gun. They applied more force, damaged the evidence and now the defense can claim the results are non-replicable.

The FBI learned, first, that the gun was operable and second, that it took some force to fire it. That's all that was needed. No one was claiming that Alec Baldwin needed superpowers to fire that gun. Now the defense can spin it in many different ways. Legally, it's a pity and I am somewhat appalled. People who distrusted LE - and esp. people who distrust FBI, could be on that jury and now, the defense will claim the gun was made inoperable by the FBI.

Hopefully, the entire subject can be set aside at trial (but I'm not sure it will be).

IMO