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

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Thanks for the info. when I get time I'll try to go back and look at that. Why such shoddy work on this?
Because I don't think they took it seriously. Some <modsnip - stereotype> DA wants a report on an oddball, worn out weapon that was at the center of an obvious accident. OK, we'll write a report. That kind of thing. IMHO and all that.
 
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Because I don't think they took it seriously. Some <modsnip - stereotype> DA wants a report on an oddball, worn out weapon that was at the center of an obvious accident. OK, we'll write a report. That kind of thing. IMHO and all that.

You may be right that the FBI didn't take it seriously enough.

But, on the other hand, this has been a significant case involving a controversial Hollywood star and a regular denizen of the tabloids. The shooting was breathlessly reported across a wide swath of news and entertainment media with subsequent developments getting prime coverage. The shooter is represented by top-notch defense attorneys. And on top of all that, the way firearms and ammo were handled on set has significant implications for the movie industry as a whole.

If in spite of all that, the FBI did not do a sufficient analysis, I don't know what that says about the competence of their testing lab.
 
You may be right that the FBI didn't take it seriously enough.

But, on the other hand, this has been a significant case involving a controversial Hollywood star and a regular denizen of the tabloids. The shooting was breathlessly reported across a wide swath of news and entertainment media with subsequent developments getting prime coverage. The shooter is represented by top-notch defense attorneys. And on top of all that, the way firearms and ammo were handled on set has significant implications for the movie industry as a whole.

If in spite of all that, the FBI did not do a sufficient analysis, I don't know what that says about the competence of their testing lab.

The inference I'm reading from the summary is that the FBI lab conducted the test that was requested by local LE. It appears there were other tests that should have been done, but weren't requested. Perhaps the state of New Mexico should investigate why local LE didn't request more comprehensive testing? Since none of the criminal charges in this tragic case were federal offenses, its not up to the FBI to make the decision. It's not their jurisdiction. JMO, IANAL. PrairieWind is the expert.
 
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This tragic affair shows why law enforcement should not be involved in accident investigation until solid evidence of a crime is uncovered.

The Santa Fe Sheriff's office is really pretty good at doing what they are supposed to do, which is getting criminals and especially violent criminals off the street. The great majority of such crime is drug-related, and solved through informants. Similarly, the bulk of their effort is devoted not to the unravelling of a puzzle as on on TV, but to building a case that will stand up in court. Very little of this expertise is applicable to a complex, multifactor casualty (a term I prefer to "accident" because it does not carry the connotation of something that "just happened.")

If you look at the docket for any NTSB investigation, you'll see the difference. First a timeline is established and then the event is divided up into possible contributing factors. In the case of an aircraft casualty these would be things like weather, engines, airframe, crew, and so forth. In the case of the Rust shooting the obvious division would be weapon, supervision, ammunition control, etc.

Once the division is made a panel of experts for each area is formed and they go off and dig into the evidence. Each panel produces a report which goes in the docket and which are what you should read if you are really interested in what happened. There is then a meeting where the individual panel reports are reconciled and a probable cause and recommendations are hammered out.

The relevant agency in the Rust case should have been NM OSHB, and the loss of a life should have resulted in updated regulations for handling of firearms on a movie set. That outcome would require the New Mexico government to simultaneously engage the firearms lobby, the movie industry lobby, and the antiregulation lobby. Not surprising that they chose not to do so.
 
The inference I'm reading from the summary is that the FBI lab conducted the test that was requested by local LE. It appears there were other tests that should have been done, but weren't requested. Perhaps the state of New Mexico should investigate why local LE didn't request more comprehensive testing? Since none of the criminal charges in this tragic case were federal offenses, its not up to the FBI to make the decision. It's not their jurisdiction. JMO, IANAL. PrairieWind is the expert.
Since this was a fairly small county DA and Sheriff Office requesting assistance, I would think the FBI would have suggested things and advised. You are right that there was no federal investigation so it wasn't being investigated by FBI agents directly. I don't see any federal jurisdiction here. However, one of the most important things the FBI does now is assist state and local law enforcement with their investigations. I would assume that that would include some advise since often such a small department may not know what they are looking for. But we don't really know what was asked or what the FBI did or didn't do. I still wonder why this went to the FBI and not ATF.
 
The inference I'm reading from the summary is that the FBI lab conducted the test that was requested by local LE. It appears there were other tests that should have been done, but weren't requested. Perhaps the state of New Mexico should investigate why local LE didn't request more comprehensive testing? Since none of the criminal charges in this tragic case were federal offenses, its not up to the FBI to make the decision. It's not their jurisdiction. JMO, IANAL. PrairieWind is the expert.

The testing was overly "comprehensive" in my view. The FBI went too far in trying to show that the gun didn't misfire.

They broke it.

IMO
 
More from the recent filing.




Recently filed documents point out the gun was damaged during FBI testing.

Documents say the gun and broken part were sent to the state lab for further testing. If testing finds the gun did not malfunction, prosecutors say they will refile charges against Baldwin.



Seems to me like it will be difficult to categorically rule out a malfunction once the gun has been damaged. Especially considering that there's certain to be a well-paid defense expert claiming a misfire is the most likely scenario.
 
More from the recent filing.




Recently filed documents point out the gun was damaged during FBI testing.

Documents say the gun and broken part were sent to the state lab for further testing. If testing finds the gun did not malfunction, prosecutors say they will refile charges against Baldwin.




Seems to me like it will be difficult to categorically rule out a malfunction once the gun has been damaged. Especially considering that there's certain to be a well-paid defense expert claiming a misfire is the most likely scenario.

I agree; also they have testimony from people on set that it misfired before
 

They’re still trying to make this a criminal case based on a poor, incomplete investigation.
 
Here's the actual prosecution motion that was referenced in the above articles:
RESPONSE TO MOTION TO DISMISS FIRST AMENDED INFORMATION

And one interesting tidbit from the filing that hasn't been mentioned yet is this line:
It is worth noting that Defendant Gutierrez was in possession of four spent casings with nickel primers that appear to match the live rounds found on set. These spent casings were located in her gun kit bag and the current prosecution team did request fingerprint testing on these casings.
 
Here's the actual prosecution motion that was referenced in the above articles:
RESPONSE TO MOTION TO DISMISS FIRST AMENDED INFORMATION

And one interesting tidbit from the filing that hasn't been mentioned yet is this line:
It is worth noting that Defendant Gutierrez was in possession of four spent casings with nickel primers that appear to match the live rounds found on set. These spent casings were located in her gun kit bag and the current prosecution team did request fingerprint testing on these casings.
Which makes the toolmark analysis that was explicitly not asked for more significant.
 

Prosecutors Say They Will Charge Alec Baldwin Again if Gun Was Working During ‘Rust’ Shooting​

Wed, June 14, 2023 at 4:53 PM EDT

Baldwin had been accused of negligently pulling the trigger, causing the death of cinematographer Halyna Hutchins. But Baldwin’s lawyers provided analysis that raised doubt that the gun was working properly at the time.

The FBI analyzed the gun last year, and broke it during a test firing. In a recent court filing, Morrissey and Lewis said that the gun has been sent to an independent expert for further testing.

“If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed,” the prosecutors wrote.

A decision is expected within 60 days.
 
"Witnesses in the current case will testify that Defendant Gutierrez was drinking heavily and smoing marijuana in the evenings during the shooting of Rust," prosecutors said in court documents

 

It comes as the lead investigator for the Santa Fe District Attorney's office, who is set to step down from his post next month, criticises the sheriff's office for the way they investigated the shooting and the conclusions they reached in their October 2022 report.
"The conduct of the Santa Fe County Sheriff's Office during and after their initial investigation is reprehensible and unprofessional," Robert Shilling wrote in an email sent to colleagues on Tuesday.
"Not I or 200 more proficient investigators than I can/could clean up the mess delivered to your office in October 2022."
 
An additional tidbit from the article: "The criticism was made public by Ms Gutierrez-Reed's lawyer, who was accidentally sent it by prosecutors."

The clown show continues.

The latest defense filing is pretty interesting: June 22, 2023, Supplement to Motion to Dismiss Second Amended Information and Motion to Dismiss Third Amended Information.pdf

It looks like the lead investigator for the prosecution was terminated. Afterwards, he sent out that email calling the police investigation "reprehensible and unprofessional." However, the investigator is under an NDA, so without the email the defense would have never known about any of this.

Makes you wonder if sending that email to the defense was truly done in error.
 
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