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

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Interesting details in this lawsuit



The prosecutor doesn't appear to have investigated many of those who might have been responsible for these problems. They haven't tried to determine where the loaded/live shells originated. Did they question Seth Kenney, the owner of the local prop company who provided the guns and allegedly blank ammo? Did they question Sarah Zachry? There were a lot of people in the chain of custody of the props and ammo. Why haven't they been able to reconstruct how this accident happened?

They did question Seth Kenney and determined that none of the ammo he had in his business matched any of the live rounds on set. In the first weeks after the shooting, the SF DA said they "knew who put the bullet in the gun" (I assume that's HGR). They did question Sarah Zachry and IIRC, she mentions a mysterious box of bullets that appeared as a package in the props receiving area. Something like that. No receipts or details in the police documents that I know of. I think she assumed they were blanks.

They found other live rounds in the bandolier (that HGR is shown wearing) and one on Alec's belt.

I think they would have presented the chain of custody (as it is known) at the Prelim if the charges had not been dropped and if HGR goes to trial, surely the State will present its theory of what happened.

I think they know quite a bit about how the accident happened, really.

IMO.

And in other news, the Rust set's medic has settled her lawsuit against the production for $1.15M.

 
Betty P asked: "Why haven't they been able to reconstruct how this accident happened?"

Because the authorities treated it as a criminal investigation and not an accident investigation from the git-go. Almost never ends well.

Even a criminal investigation would have tried to determine the origin of the live ammo. Interesting how the lawsuits are revealing a lot more than we knew before.
 
Betty P asked: "Why haven't they been able to reconstruct how this accident happened?"

Because the authorities treated it as a criminal investigation and not an accident investigation from the git-go. Almost never ends well.

That's not exactly true. They of course had to consider it a crime scene, but in the end, the charges brought are for an accident. NM law allows accidental death to be a fourth degree felony (IIRC).

Involuntary manslaughter consists...in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.
(My emphasis). To me, a common cause of accidents is a failure to exercise due caution and circumspection.


At any rate, when someone is shot to death, it would naturally entail a criminal investigation, don't you think? It can be both criminal and non-criminal in nature - since collecting facts is the main goal of both.

IMO.
 
They did question Seth Kenney and determined that none of the ammo he had in his business matched any of the live rounds on set. In the first weeks after the shooting, the SF DA said they "knew who put the bullet in the gun" (I assume that's HGR). They did question Sarah Zachry and IIRC, she mentions a mysterious box of bullets that appeared as a package in the props receiving area. Something like that. No receipts or details in the police documents that I know of. I think she assumed they were blanks.

They found other live rounds in the bandolier (that HGR is shown wearing) and one on Alec's belt.

I think they would have presented the chain of custody (as it is known) at the Prelim if the charges had not been dropped and if HGR goes to trial, surely the State will present its theory of what happened.

I think they know quite a bit about how the accident happened, really.

IMO.

And in other news, the Rust set's medic has settled her lawsuit against the production for $1.15M.


If they know so much about what happened, why do they not know where the live rounds came from? Without knowing that, they couldn't have presented a complete chain of custody for the live rounds.

JMO, the origin of the mysterious box that appeared on a prop table might have been identified if they had carefully questioned all of the people with access to the props. Someone there knows the origin of those live bullets. Did they do any fingerprinting or DNA testing on the box, cartridges, etc?

JMO, it was a sloppy, incomplete investigation. We know from the emails that they could advance their careers by prosecuting AB, the most high profile actor on the set. That's what they were focused on, not solving the case.
 
Even a criminal investigation would have tried to determine the origin of the live ammo. Interesting how the lawsuits are revealing a lot more than we knew before.

Absolutely correct. As the editorial in the Albuquerque Journal said, the investigation was an embarrassment.

It's not that the SF County investigators are incompetent. They are actually quite good at coping with kinds of crime they face day to day. This situation was completely outside their experience base. And having a boss with a "ready-fire-aim" management style and a love of public posturing didn't help.

I have been involved in several accident investigations and studied many more. The process is significantly different from a perp hunt.
 
If they know so much about what happened, why do they not know where the live rounds came from? Without knowing that, they couldn't have presented a complete chain of custody for the live rounds.

Another interesting quote from the article linked upthread:
"Scott Hatcher, an attorney for PDQ and Kenney, said the film set ammunition provider "has got a story to tell" about how live ammunition ended up on the set and in Baldwin's revolver."
 
Another interesting quote from the article linked upthread:
"Scott Hatcher, an attorney for PDQ and Kenney, said the film set ammunition provider "has got a story to tell" about how live ammunition ended up on the set and in Baldwin's revolver."
A story? So is it a fact or just a wild theory. He should really tell the police if he knows.
 
Atty for Kenney & PDQ Says, Ammo Provider Has a Story to Tell. Admissible?
Another interesting quote from the article linked upthread:
"Scott Hatcher, an attorney for PDQ and Kenney, said the film set ammunition provider "has got a story to tell" about how live ammunition ended up on the set and in Baldwin's revolver."
@ch_13. In posting that article this morning, I whizzed right past that quote. As you say, interesting.

((Note: Just about to hit Post when I saw the May 1, 2023 news vid clip* of Kenney & LE interview (date?) in which Kenney describes emails (or texts?) exchange in Aug 2021 w armorer Hannah G-R mentioning live ammo. But that's fodder for another post later, after rewatching vid. So on w this post.)

And as @Ruby12345 said, I hope he's told LE. But from day one, wouldn't he realize he could be in the hot seat--- in civil suit or perhaps s t r e t c h i n g it, a crim case?

As to his "story" ???
Unless he was on the Rust set at time of both 1. ammo delivery to the set and 2. ammo loading into that gun, he would not KNOW how either of those things happened, i.e., who did what when.
When interviewed by LE, he may have provided info useful in leading to others possibly bearing some crim. responsibility.

But doubtful imo that his stmts to LE were based on his personal observation,** so, again imo, not likely to be a trial (<--- if that ever happens) witness on those two points, unless admissible, possibly hearsay exception.

Thinking about whether Kenney's digital exchanges w Hannah H-G would be admissible at a her crim trial (if ever).

I wonder when Kenney's atty Scott Hatcher made that stmt to MSM.

imo
___________________________
* Man who supplied 'Rust' with guns and ammo bad mouths armorer in sheriff's interview

** Or personal knowledge, if he delivered live ammo to set. Or loaded live ammo into gun in Rust set.
 
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And as @Ruby12345 said, I hope he's told LE. But from day one, wouldn't he realize he could be in the hot seat--- in civil suit or perhaps s t r e t c h i n g it, a crim case?
He's already involved in civil litigation. He was sued by the medic, Cherlyn Schaefer, as well as by Hannah Reed.

The complaint in the Reed vs Kenney case is long and complicated. But it looks like Seth Kenney thinks the live bullet came from Thell Reed, Hannah's father. On the other hand, Hannah claims that Thell gave Seth some live bullets when they were both working on another movie and those bullets eventually found themselves onto the Rust set.
 
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I am totally gobsmacked that they're going ahead with this film.
Holy crapola.
I get it that movies are AB's livelihood.

Maybe make a completely different movie ?

They went on with The Twilight Zone movie after two little kids and Vic Morrow were killed. There is a long list of movies where actors, stunt actors, or others have been killed. The show must go on.
 
Just saw May 1, 2023 news vid clip* of Kenney & LE interview (date?) in which Kenney describes emails (or texts?) exchange in Aug 2021 w armorer Hannah G-R mentioning live ammo.

In LE interview in vid clip, Kenney said his (email or text?) exchange w HGR occurred when she was working on another set, pre-Rust.
Seems like she may have been working on "The Old Way" set.

imdb "Trivia" of "The Old Way" seems consistent w info circulating in fall 2021, after Rust shooting iirc.
"The armorer on the shoot was Hannah Gutierrez-Reed, who was blamed for a number of unsafe activities by the assistant director and Cage and was nearly thrown off the set. She was the armorer on Rust (which was shot after The Old Way in 2021) and is being investigated for the death of Halyna Hutchins and injury to Joel Souza on that set due to unsafe firearm handling."

_________________________________
* Man who supplied 'Rust' with guns and ammo bad mouths armorer in sheriff's interview
** The Old Way (2023) - IMDb
 
He's already involved in civil litigation. He was sued by the medic, Cherlyn Schaefer, as well as by Hannah Reed.
The complaint in the Reed vs Kenney case is long and complicated. But it looks like Seth Kenney thinks the live bullet came from Thell Reed, Hannah's father. On the other hand, Hannah claims that Thell gave Seth some live bullets when they were both working on another movie and those bullets eventually found themselves onto the Rust set.
@ch_13 Thank you very much for link to HGR's Complaint against Kenney & PDQ, filed Jan 12, 2022, which I had forgotten about.

Now noticing news* vid clip of Kenney interview w LE displays Nov. 1, 2021 date-stamp, so he made stmts fairly soon after Rust shooting. Apparently still had text or email w HGR on his cell, was showing to LE.

Thanks again.

ETA
* Man who supplied 'Rust' with guns and ammo bad mouths armorer in sheriff's interview. May 1, 2023 koat.com
 
They went on with The Twilight Zone movie after two little kids and Vic Morrow were killed. There is a long list of movies where actors, stunt actors, or others have been killed. The show must go on.
I guess I don't understand the outrage over finishing the film. This is a business. If a construction worker is killed on a building project they don't just scrap the whole building. I don't mean to be cold and unfeeling.
 
I guess I don't understand the outrage over finishing the film. This is a business. If a construction worker is killed on a building project they don't just scrap the whole building. I don't mean to be cold and unfeeling.
I agree with you. 96 workers were killed during the construction of Hoover Dam, for example.
 
If they know so much about what happened, why do they not know where the live rounds came from? Without knowing that, they couldn't have presented a complete chain of custody for the live rounds.

JMO, the origin of the mysterious box that appeared on a prop table might have been identified if they had carefully questioned all of the people with access to the props. Someone there knows the origin of those live bullets. Did they do any fingerprinting or DNA testing on the box, cartridges, etc?

JMO, it was a sloppy, incomplete investigation. We know from the emails that they could advance their careers by prosecuting AB, the most high profile actor on the set. That's what they were focused on, not solving the case.

Well, that likely would have happened if this case had proceeded toward trial. Instead, there were shenanigans galore (probably not intentional, but maybe).

The production was sloppy and chaotic (and this is a bigger problem - this isn't the only production with "issues").

Basically there are six-seven co-equal "production companies" with no one clearly in charge. The money comes from the efforts of Alec Baldwin (with one-third of it directly paid by him). He is a producer; he's the only producer on set (there was quite a bit in the police report about this and how Alec appeared to be "in charge" or whatever). One of the other "producers" is Alec's former agent (who, interestingly, transferred him to a junior partner in the past year or two). Another set of producers are a pair of brothers already convicted of felony fraud, in a deal they made to fund a different movie. Another set of investors were recruited via New Mexico's "funds/tax credits for investors" model, which I don't understand but it basically is the sticking point for the lack of "completion insurance." THOSE investors expected a return on their money - and they will not get it unless the film is completed. As long as the film is "in production," they can't really sue.

Now there's also Matt Hutchins (as Exec Producer) expecting to get money from the production (but we don't know the details as the case has been sealed).

All of this is shady and it's not just Alec doing it (although he is certainly a wheeler and a dealer). Other productions in the "low budget" category (determined by the unions involved) are also a problem. Nic Cage went public about HGR's malfeasance or whatever you want to call it on the set of his vanity project/sketchily funded/no major studio involvement movie.

That was her only other credit as armorer. Alec thought this was going to be a fun party, in the Wild West, in the beautiful NM high country, with a lot of young people looking up to him and catering to his every need and him being The Star (for his last time, most likely). IMO. (Longterm follower of Alec's career, have read all his books - bought them used, btw, ha).

This happened because of the chaos and lack of overall direction. A couple of us have timidly put forth the opinion that, in our opinions, the Director (Joel Souza) would be in charge. That's what I was taught at film school, but things may have changed. To "no one is in charge"? What kind of business model is that?

Anyway, I do think that other, similar, "low budget" rated films have grokked this. But I doubt there will be major changes in how low budget films work. The idea of this one is that it would (maybe) go straight to streaming - with Hulu as their best chance. However, the real plan was that everyone involved would get a credit (yay), a union membership (double yay) and, for Alec and the other producers, nearly infinite tax write-offs - totally making the income they used for costumes, travel, shoes, family vacations to visit the set, etc - tax free.

Sorry for the rant, but that's how this crazy business works (and influencer business is the same way). Nebulous product, no oversight, no labor laws invoked (child labor is common for influencers) AND personal gain. By using seperate LLC's for each project, the IRS apparently doesn't blink an eye.

IMO. Just totally on a tangent today.

In the end, @BettyP, your question is an excellent one. The answer seems to be "from the mysterious box" but where did THAT come from and who ordered it? Bullets don't just show up for free. The other answer is that persons on the set were bringing live rounds to shoot on their free time. The person who owns Bonanza Ranch does indeed allow target practice (and gun-related target practice/competitive events) on that property. That's legal in NM (as is renting guns).

One of the documents in the police file has a witness say that he basically looked/listened the other way when he saw HGR and AB go out to do some "practice" with the working guns. What was that practice? HGR knows.

Her trial might have answers - but I figure that she will settle out of court, as well, likely with sealed records.

IMO only. I have no clue why this case bothers me SO much. It's probably because I work somewhere with lots of film/TV students and alongside much more ethical colleagues, who try to teach the ethical ways of making movies.
 
I guess I don't understand the outrage over finishing the film. This is a business. If a construction worker is killed on a building project they don't just scrap the whole building. I don't mean to be cold and unfeeling.

I guess I don't understand the outrage either, except that this is Hollywood-ish and people take strong moral stances on "entertainment" and what it is supposed to represent and do.

Just another workplace death, right?

I think it's fairly cold that people think that workers at Hoover Dam are not still worthy of grief and outrage (it's awful). An entire century of law has been concerned with workplace and other safety - so I know I'm not alone in worrying about such things.

It's a bit different than a "construction worker" getting killed (construction and related industries have some of the highest rates of death and injury in the world, and the workers AND the unions know this; cinematographers? not so much). The unions representing these various groups have very different funding and strategies, accordingly.

OTOH, if I were the cinematographer and I died during filming, I'd want the film to go on. If I were writing a book and I died in research related to the book (as happened to my own dissertation advisor), I'd want the book/research to go on. Halyna's family (well, her husband and son, maybe not so much her parents and sister, don't know) wants the film to be made (for her, for her legacy).

I get that.

IMO. But I do want all workers to be as safe and protected as possible.
 
I guess I don't understand the outrage over finishing the film. This is a business. If a construction worker is killed on a building project they don't just scrap the whole building. I don't mean to be cold and unfeeling.

I'm not outraged and I suppose that due to the financing and contractual obligations the film needs to be completed.

Still, I have to wonder if this movie will ever see the light of day. It's not some major release, like a Star Wars or Marvel flick, that moviegoers care about. Westerns aren't exactly en vogue and the only thing people know about it is that Alec Baldwin shot and killed a woman during its making. Will people really want to watch and will Hulu or Netflix want it linked to their brand? Maybe some will be drawn to the spectacle and controversy but I think for most it will be a turn off.

I can't imagine that I'll ever watch it when it's finished.
 
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Well, that likely would have happened if this case had proceeded toward trial. Instead, there were shenanigans galore (probably not intentional, but maybe).

The production was sloppy and chaotic (and this is a bigger problem - this isn't the only production with "issues").

Basically there are six-seven co-equal "production companies" with no one clearly in charge. The money comes from the efforts of Alec Baldwin (with one-third of it directly paid by him). He is a producer; he's the only producer on set (there was quite a bit in the police report about this and how Alec appeared to be "in charge" or whatever). One of the other "producers" is Alec's former agent (who, interestingly, transferred him to a junior partner in the past year or two). Another set of producers are a pair of brothers already convicted of felony fraud, in a deal they made to fund a different movie. Another set of investors were recruited via New Mexico's "funds/tax credits for investors" model, which I don't understand but it basically is the sticking point for the lack of "completion insurance." THOSE investors expected a return on their money - and they will not get it unless the film is completed. As long as the film is "in production," they can't really sue.

Now there's also Matt Hutchins (as Exec Producer) expecting to get money from the production (but we don't know the details as the case has been sealed).

All of this is shady and it's not just Alec doing it (although he is certainly a wheeler and a dealer). Other productions in the "low budget" category (determined by the unions involved) are also a problem. Nic Cage went public about HGR's malfeasance or whatever you want to call it on the set of his vanity project/sketchily funded/no major studio involvement movie.

That was her only other credit as armorer. Alec thought this was going to be a fun party, in the Wild West, in the beautiful NM high country, with a lot of young people looking up to him and catering to his every need and him being The Star (for his last time, most likely). IMO. (Longterm follower of Alec's career, have read all his books - bought them used, btw, ha).

This happened because of the chaos and lack of overall direction. A couple of us have timidly put forth the opinion that, in our opinions, the Director (Joel Souza) would be in charge. That's what I was taught at film school, but things may have changed. To "no one is in charge"? What kind of business model is that?

Anyway, I do think that other, similar, "low budget" rated films have grokked this. But I doubt there will be major changes in how low budget films work. The idea of this one is that it would (maybe) go straight to streaming - with Hulu as their best chance. However, the real plan was that everyone involved would get a credit (yay), a union membership (double yay) and, for Alec and the other producers, nearly infinite tax write-offs - totally making the income they used for costumes, travel, shoes, family vacations to visit the set, etc - tax free.

Sorry for the rant, but that's how this crazy business works (and influencer business is the same way). Nebulous product, no oversight, no labor laws invoked (child labor is common for influencers) AND personal gain. By using seperate LLC's for each project, the IRS apparently doesn't blink an eye.

IMO. Just totally on a tangent today.

In the end, @BettyP, your question is an excellent one. The answer seems to be "from the mysterious box" but where did THAT come from and who ordered it? Bullets don't just show up for free. The other answer is that persons on the set were bringing live rounds to shoot on their free time. The person who owns Bonanza Ranch does indeed allow target practice (and gun-related target practice/competitive events) on that property. That's legal in NM (as is renting guns).

One of the documents in the police file has a witness say that he basically looked/listened the other way when he saw HGR and AB go out to do some "practice" with the working guns. What was that practice? HGR knows.

Her trial might have answers - but I figure that she will settle out of court, as well, likely with sealed records.

IMO only. I have no clue why this case bothers me SO much. It's probably because I work somewhere with lots of film/TV students and alongside much more ethical colleagues, who try to teach the ethical ways of making movies.

Re: the problems with low-budget films, cutting corners and shoddy oversight, the people involved in this fiasco are learning a very hard lesson. Civil suits, monetary penalties and damage to professional reputations are taking a toll. It will probably be hard for any of these producers, etc. to raise money for any future movies. They should find it impossible to get insurance, too. I do hope the industry finds a better way to police these projects and protect workers.
 
Re: the problems with low-budget films, cutting corners and shoddy oversight, the people involved in this fiasco are learning a very hard lesson. Civil suits, monetary penalties and damage to professional reputations are taking a toll. It will probably be hard for any of these producers, etc. to raise money for any future movies. They should find it impossible to get insurance, too. I do hope the industry finds a better way to police these projects and protect workers.
I don't have a problem with low budget films, in fact I think it is the way more should be done and independent. Overlooking safety should never happen of course and I don't think those things go hand in hand. People either care about their work or they don't. I doubt investment money dries up too much, there are always people willing to give money. Insurance will likely have tougher requirements (and they should), but it will still be available. This type of tragedy should never happen. But it did. You can have all the safety rules in the world, but if people just don't follow them...... I am pretty sure HGR will never work as an armorer again.
 
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