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

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I've said it before, I'll say it again: What makes the entertainment industry exempt from personal firearms safety? The NUMBER ONE rules of guns is "assume it's loaded and do not point it at anything you do not intend to hit". How is that able to be delegated?
I will never understand this.

 
I still do not like Alec in any sense of the word, but I think they will have a hard time proving their case. JMHO
Hurdle one: the condition of the weapon. Hurdle two: Multiple issues in chain of custody of weapon and casings. Hurdle three: no explanation of how live ammunition made it into the weapon. Hurdle four: the AD's behavior and reputation.

Don't be surprised if the defense puts the State of New Mexico on trial for permitting such a deadly clown show to operate without any kind of oversight or safety plan, as is required in (say) California. I know an individual from a three-generation film crew family and her comment at the time was: "When you make a movie in New Mexico you take your life into your hands."
 
Hurdle one: the condition of the weapon. Hurdle two: Multiple issues in chain of custody of weapon and casings. Hurdle three: no explanation of how live ammunition made it into the weapon. Hurdle four: the AD's behavior and reputation.

Don't be surprised if the defense puts the State of New Mexico on trial for permitting such a deadly clown show to operate without any kind of oversight or safety plan, as is required in (say) California. I know an individual from a three-generation film crew family and her comment at the time was: "When you make a movie in New Mexico you take your life into your hands."

The first proposed charge is involuntary manslaughter through negligent firing of a firearm. The first rule of gun safety (which if Alec claims he did not know, he's just digging a whole for himself) is never point the gun at anyone.

He did not tell LE on his first interview that Halyna told him to point the gun at her. In the police documents, the 12-14 people who were in the church say that this was not the case. A couple of people describe precisely what was going on and Halyna was not directing Alec at that point in time, to do anything, much less to point the gun at her. That's simply not done - not on sets or in any other real life setting.

Alec made that up later, IMO.

At any rate, he pointed a gun at a person (negligence is open/shut for most gun owners at that point - and NM has a lot of gun owners). When we lived there, we would have to have discussions with any families where our kids were going over to play. Nearly all of them had guns (locked away safely, I will add, and very open and pragmatic about gun safety).

Never point a gun at anyone you don't want to kill is the first rule of gun safety, all around the world, in all gun safety training. Check and check again (without pointing) to make sure there are no live rounds in a gun is another rule (which Alec could have been taught to do had he attended his trainings and not stepped out to be on the phone as reported in LE documents via yet other witnesses). I figure that was enough for the GJ and I predict it will be enough for a Santa Fe County trial jury as well.

IMO.
 
Hurdle one: the condition of the weapon. Hurdle two: Multiple issues in chain of custody of weapon and casings. Hurdle three: no explanation of how live ammunition made it into the weapon. Hurdle four: the AD's behavior and reputation.

Don't be surprised if the defense puts the State of New Mexico on trial for permitting such a deadly clown show to operate without any kind of oversight or safety plan, as is required in (say) California. I know an individual from a three-generation film crew family and her comment at the time was: "When you make a movie in New Mexico you take your life into your hands."
I really don't think blaming New Mexico for this will play well in front of a NM jury. Especially since Baldwin is from NY. Not a wise strategy IMO.
 
I posted about this earlier, upthread:

IMO Baldwin has credibility issues. He first told LE that it was Hannah who handed him the gun. (See 45:20 below). He was quite clear about that. But later in the Stephanopolous interview, he said that it was Halls who handed him the gun and that Halls said cold gun. Why did his account change?? JMO.

 
I posted about this earlier, upthread:

IMO Baldwin has credibility issues. He first told LE that it was Hannah who handed him the gun. (See 45:20 below). He was quite clear about that. But later in the Stephanopolous interview, he said that it was Halls who handed him the gun and that Halls said cold gun. Why did his account change?? JMO.


Because he knew that Halls was, according to union rules, supposed to hand him the gun and he'd already admitted negligence in following both the rules of his own occupation as an actor (it would be like me, as a teacher, not following the rules of my own union contract as to when to show up for class, for example). He was also ignoring rules that, as a producer/funding source for the film, he was obligated to perform. He was also ignoring rules about which cast and crew had already complained (in emails and texts). Halyna was one of the people who had given permission to her crew to walk out if they didn't feel safe (and they did). She was acting as a sort of manager for the camera crew (which is how I understand her actual employment position).

So one of the two stories Baldwin told is a lie. Or he has memory problems (in which case, he probably ought not to be handed a gun of any sort). It's true that liability/culpability can be spread around here, but I see nothing to completely exonerate Baldwin who, had he done what the union rules required, would have learned to check the chamber himself (it's supposed to be checked three times, which is a tradition for nooses, breakaway props, car stunt equipment and any other potentially lethal action). Checked three times, by three different people, always two people at a time. So Hannah should not have handed anyone a gun or left it on a cart. She should have been present, shown Halls that there were no live bullets (pretty easy to tell, IMO). Both should know what live ammo looks like. Indeed, Hannah said in an interview that she tried to make sure that the chamber behind the hammer was empty when handed over - obviously didn't happen here, unless Baldwin did indeed pull the trigger twice or "fan" the gun). Then Halls gives the gun to Baldwin, with the same protocol (check where the loaded chambers are and making sure it's all blanks).

In this case, there was no script call for ANY blanks or ANY ammo to be used in what they were doing at that point in time (script supervisor is the source, it's in the police interviews). It was not even a run-through, it was a pre run-through blocking exercise.

Further, Hannah left two other guns suitable for blocking exercises and run-through (firing blanks is still dangerous - everyone has to wear ear protection, etc). She left an inoperable (barrel plugged) replica Colt .45 with the weight and heft of the real thing for just the sort of practice Alec was doing. She left a plastic or rubber fake gun (which would have served as a costume item for the scene they were about to film - because it was not yet Alec's big final shoot-out scene).

Halls chose the wrong item. He wisely accepted his plea bargain and probably told the court what happened (I assume he told the truth - he probably admitted he gave the wrong gun to Alec). Alec, however, did not follow the protocol and avoided the training in which he would have freshed his gun handling abilities. He had just earlier bragged (on camera) that he was "expert" in all kinds of cinematic abilities, including prop gun handling. He then showed that he was not.

They were all in a hurry, Alec was mad about the camera crew walk-out (IMO) and all of this should rightfully come up at trial. So far as I can tell, the GJ did not hear from any of the cast/crew witnesses (but there are many). They heard summaries of what those people had to say, and other evidence, conveyed by LE at the GJ proceedings (that's judging from what we can see in the pleadings and research on the internet).

IMO.
 
I think he would be crazy to ask for a jury trial.

And the State would be neglectful to just agree with him if he tries to get a bench trial.

I still think NM would be pleased if he'd plead out. And I still think that they left him room for that. But can his ego handle a first degree misdemeanor? It still might have some significant restrictions and charges. And he would still have a criminal record.

I do wonder if his trip to that downtown highrise building in Manhattan (where he fans his face with his mail) was a trip to his attorneys' offices, where they may have arranged for a long distance arraignment. Attorneys would act as guarantors to flight and assure the court that the defendant would show up for proceedings in future (such as a trial).

It's so interesting to see what $$ can do, IMO. And fame.
 
Because he knew that Halls was, according to union rules, supposed to hand him the gun and he'd already admitted negligence in following both the rules of his own occupation as an actor (it would be like me, as a teacher, not following the rules of my own union contract as to when to show up for class, for example). He was also ignoring rules that, as a producer/funding source for the film, he was obligated to perform. He was also ignoring rules about which cast and crew had already complained (in emails and texts). Halyna was one of the people who had given permission to her crew to walk out if they didn't feel safe (and they did). She was acting as a sort of manager for the camera crew (which is how I understand her actual employment position).

So one of the two stories Baldwin told is a lie. Or he has memory problems (in which case, he probably ought not to be handed a gun of any sort). It's true that liability/culpability can be spread around here, but I see nothing to completely exonerate Baldwin who, had he done what the union rules required, would have learned to check the chamber himself (it's supposed to be checked three times, which is a tradition for nooses, breakaway props, car stunt equipment and any other potentially lethal action). Checked three times, by three different people, always two people at a time. So Hannah should not have handed anyone a gun or left it on a cart. She should have been present, shown Halls that there were no live bullets (pretty easy to tell, IMO). Both should know what live ammo looks like. Indeed, Hannah said in an interview that she tried to make sure that the chamber behind the hammer was empty when handed over - obviously didn't happen here, unless Baldwin did indeed pull the trigger twice or "fan" the gun). Then Halls gives the gun to Baldwin, with the same protocol (check where the loaded chambers are and making sure it's all blanks).

In this case, there was no script call for ANY blanks or ANY ammo to be used in what they were doing at that point in time (script supervisor is the source, it's in the police interviews). It was not even a run-through, it was a pre run-through blocking exercise.

Further, Hannah left two other guns suitable for blocking exercises and run-through (firing blanks is still dangerous - everyone has to wear ear protection, etc). She left an inoperable (barrel plugged) replica Colt .45 with the weight and heft of the real thing for just the sort of practice Alec was doing. She left a plastic or rubber fake gun (which would have served as a costume item for the scene they were about to film - because it was not yet Alec's big final shoot-out scene).

Halls chose the wrong item. He wisely accepted his plea bargain and probably told the court what happened (I assume he told the truth - he probably admitted he gave the wrong gun to Alec). Alec, however, did not follow the protocol and avoided the training in which he would have freshed his gun handling abilities. He had just earlier bragged (on camera) that he was "expert" in all kinds of cinematic abilities, including prop gun handling. He then showed that he was not.

They were all in a hurry, Alec was mad about the camera crew walk-out (IMO) and all of this should rightfully come up at trial. So far as I can tell, the GJ did not hear from any of the cast/crew witnesses (but there are many). They heard summaries of what those people had to say, and other evidence, conveyed by LE at the GJ proceedings (that's judging from what we can see in the pleadings and research on the internet).

IMO.
Shouldn't the armorer be the person who should hand the actor a gun? I'm not aware of union rules that require that Halls (first assistant director) hand the actor the gun. You may be right I'm just not aware of it. JMO.
 
And the State would be neglectful to just agree with him if he tries to get a bench trial.

I still think NM would be pleased if he'd plead out. And I still think that they left him room for that. But can his ego handle a first degree misdemeanor? It still might have some significant restrictions and charges. And he would still have a criminal record.

I do wonder if his trip to that downtown highrise building in Manhattan (where he fans his face with his mail) was a trip to his attorneys' offices, where they may have arranged for a long distance arraignment. Attorneys would act as guarantors to flight and assure the court that the defendant would show up for proceedings in future (such as a trial).

It's so interesting to see what $$ can do, IMO. And fame.
I doubt he pleads out. The ME ruled the death was accidental and AB has been adamant he didn't pull the trigger.

JMO


In a statement, Luke Nikas, an attorney for Baldwin, said: "The critical report is the one from the medical examiner, who concluded that this was a tragic accident. This is the third time the New Mexico authorities have found that Alec Baldwin had no authority or knowledge of the allegedly unsafe conditions on the set, that he was told by the person in charge of safety on the set that the gun was 'cold,' and believed the gun was safe."

"The FBI report is being misconstrued," the statement continued. "The gun fired in testing only one time -- without having to pull the trigger -- when the hammer was pulled back and the gun broke in two different places. The FBI was unable to fire the gun in any prior test, even when pulling the trigger, because it was in such poor condition."
 
I doubt he pleads out. The ME ruled the death was accidental and AB has been adamant he didn't pull the trigger.

JMO


In a statement, Luke Nikas, an attorney for Baldwin, said: "The critical report is the one from the medical examiner, who concluded that this was a tragic accident. This is the third time the New Mexico authorities have found that Alec Baldwin had no authority or knowledge of the allegedly unsafe conditions on the set, that he was told by the person in charge of safety on the set that the gun was 'cold,' and believed the gun was safe."

"The FBI report is being misconstrued," the statement continued. "The gun fired in testing only one time -- without having to pull the trigger -- when the hammer was pulled back and the gun broke in two different places. The FBI was unable to fire the gun in any prior test, even when pulling the trigger, because it was in such poor condition."

Yeah, I don't see him taking a plea bargain. Unfortunately, NM law still allows an accident due to negligence to be charged as a crime. And there are many other cases of gun accidents in NM that have been so charged. One I know of involved an older couple who asked two boys to feed their dogs. The older boy found a gun in the garage and the younger boy ended up dead (accidentally). The couple was charged with negligent use of a hand gun. Charges were dropped against the wife (the husband admitted he had "forgotten" that one gun in the garage). I believe it was a first degree misdemeanor and I don't know the sentencing. This was in my neighborhood when I lived in Albuquerque (and I still read ABQ news and visit NM frequently; the crime profile in NM involves a lot of negligent homicide - by vehicular manslaughter/drunk driving and by negligent use of a handgun or other gun).

NM has the third highest rate of death by firearm in the US and is two standard deviations away from the norm. The map at the link below is stark:


And NM has the 7th highest rate of fatalities due to drunk driving (I'm just providing context to understand how NM juries might think about negligence and its effects on their lives):


We don't have all the evidence that LE currently has in this case. I suspect there's a bit more that's been gleaned or collected since the initial PCA. And I still don't see Alec Baldwin as taking a plea bargain. While considerably less rich than he once was (and apparently forced to drop the price of the house he's now trying very hard to sell), he still has quite a bit of money. He may end up with a big lien on that Hamptons house, I guess.

IMO.
 
Yeah, I don't see him taking a plea bargain. Unfortunately, NM law still allows an accident due to negligence to be charged as a crime. And there are many other cases of gun accidents in NM that have been so charged. One I know of involved an older couple who asked two boys to feed their dogs. The older boy found a gun in the garage and the younger boy ended up dead (accidentally). The couple was charged with negligent use of a hand gun. Charges were dropped against the wife (the husband admitted he had "forgotten" that one gun in the garage). I believe it was a first degree misdemeanor and I don't know the sentencing. This was in my neighborhood when I lived in Albuquerque (and I still read ABQ news and visit NM frequently; the crime profile in NM involves a lot of negligent homicide - by vehicular manslaughter/drunk driving and by negligent use of a handgun or other gun).

NM has the third highest rate of death by firearm in the US and is two standard deviations away from the norm. The map at the link below is stark:


And NM has the 7th highest rate of fatalities due to drunk driving (I'm just providing context to understand how NM juries might think about negligence and its effects on their lives):


We don't have all the evidence that LE currently has in this case. I suspect there's a bit more that's been gleaned or collected since the initial PCA. And I still don't see Alec Baldwin as taking a plea bargain. While considerably less rich than he once was (and apparently forced to drop the price of the house he's now trying very hard to sell), he still has quite a bit of money. He may end up with a big lien on that Hamptons house, I guess.

IMO.
Thanks for your insight! I had no idea about the high rate of negligent homicide in NM. Also, very interesting link about drunk driving. I've never understood why people drive drunk, especially now that ridesharing is so prevalent.

I don't see AB taking a plea deal now but that might change after his attorneys see the evidence that will be presented at the armorer's trial next month. I thought he sounded sincere when he said he never pulled the trigger.

JMO
 
So, he's charged with a fourth degree felony. In NM, the maximum penalty is 18 months in prison.

JMO, it won't get that far. How does the prosecution make a good case for negligence when, as an actor rehearsing a scene, he was handed a prop gun by a professional who told him it was checked and not loaded with ammunition?
He wasn't "handed a gun by a professional" - if the reports are correct, he was handed a gun by Dave Halls who, as far as I'm aware, is not a firearms professional.

Baldwin was also a producer, has been in the industry for decades and has extensive firearms experience. He's not some newbie on minimum wage intent on doing whatever he's told to do. Real firearms are absolutely not needed for rehearsals, let alone needing dummy cartridges in them. He will know this. He, as evidenced by his very vocal anti-gun ownership stances, knows very well the dangers of firearms and should be acutely aware of the potential consequences.

Bottom line is that he chose to point a real firearm at someone. A firearm which subsequently discharged killing someone and seriously injuring another.
 
From the NYTimes article on the indictment:

The indictment charged Mr. Baldwin with two different counts of involuntary manslaughter, but he can only be convicted of one. The more serious one, a felony, accuses him of “total disregard or indifference for the safety of others,” while the other accuses him of the negligent use of a firearm.
...
A new forensic report written by Lucien C. Haag determined that Mr. Baldwin must have pulled the trigger, finding that the gun needed two pounds of pressure to fire.

But in order to conduct the testing, Mr. Haag had to replace parts of the gun, which had been damaged by the F.B.I. during its own analysis. That complication is certain to be raised by Mr. Baldwin’s defense, who have called the revived prosecution “misguided.”


We've talked about the Haag report before, but I'll say again that without having the original gun in one piece, I think the prosecutors are going to have quite an uphill battle in proving that AB pulled the trigger.
I get where you're coming from but, when it all comes down to it, it should make no difference.

The internal bits and pieces of firearms are very simple mechanical things. The characteristics of a particular firearm do not fundamentally change because you install some new bits. Me and my guys did literally this just today as someone was desperate to buy a revolver which had a faulty part or two so we swapped some bits from another one - not many places in the UK where you can get a revolver built at high-noon on a Sunday, I can tell you!

It also comes down to what rational conclusions a normal person would come to given the evidence - what the "man on the Clapham omnibus might think", as a famous UK legal precedent describes it. In short, even though the FBI broke bits of it in testing (which, tbh, I think went well beyond what they were tasked with doing), to any rational observer, it makes no difference. They stated quite clearly that that gun could not be discharged (before they broke the parts) without the trigger having being depressed. The fact that the actual original parts cannot be tested is a cynical smoke-screen, quite honestly.

Yeah, I get it that the defence can't test it with the original parts but are we going to call out the FBI report as being mistaken or, Lord forbid, an outright fabrication? What possible motivation would they have for this? Changing those parts would be akin to changing the spark plugs in a vehicle crime investigation. It makes absolutely zero difference.
 
He was not only an actor, but one of the producers as well.

And this set was an absolute MESS IMO.
A woman is dead because of it :(

JMO
Yes, the whole thing was a complete mess. Shoddy from start to finish.

I can't help thinking that Hannah Reed is the person who is going to take the fall for this despite, IMO, having least culpability.
 
I've said it before, I'll say it again: What makes the entertainment industry exempt from personal firearms safety? The NUMBER ONE rules of guns is "assume it's loaded and do not point it at anything you do not intend to hit". How is that able to be delegated?
I will never understand this.
Exactly!
 
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