Alec Baldwin fired prop gun, killing 1 on movie set, Oct 2021 #4
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Yep, and the woman (script supervisor) calling 911 complained about AD yelling at her, asking about revisions.
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• George Clooney criticizes ‘Rust’ producers for ‘skimping’ on production, not hiring a more experienced armorer
• George Clooney talks Alec Baldwin's deadly 'Rust' shooting incident, blames ‘a lot of stupid mistakes’
• 'Rust' shooting: George Clooney, Angelina Jolie, Dwayne Johnson react
Clooney also said what happened on the “Rust” set is a sobering reminder to ensure film crews are always top of the line.
“Why for the life of me this low-budget film, with producers who haven’t produced anything, wouldn’t have hired for the armorer someone with experience … it’s insane, it’s infuriating,” Clooney said. “We need to be better at making sure that the heads of our departments are … experienced and know what they’re doing.”
"Every single time I'm handed a gun on the set — every time — they hand me a gun, I look at it, I open it, I show it to the person I'm pointing it to, I show it to the crew. "Every single take, you hand it back to the armorer when you’re done,” Clooney said.
The actor added that he personally makes sure to take any six-shooter he’s handed on a set, like the one Baldwin was handling, and point it at the ground before firing the trigger six times to ensure it is in fact safe to handle. Clooney said that he does not know Baldwin very well personally, so he stopped short of putting any kind of blaactor.
"I've never heard the term 'cold gun,'" Clooney said of his 40 years in filmmaking. "I've never heard that term. Literally. They're just talking about stuff I've never heard of. It's just infuriating."
"Maybe Alec did that — hopefully he did do that," the actor said of the typical on-set protocol. "But the problem is dummies are tricky because they look like real [rounds]. They got a little tiny hole in the back [from which] somebody's [removed] the gunpowder."
• George Clooney talks Alec Baldwin's deadly 'Rust' shooting incident, blames ‘a lot of stupid mistakes’
• 'Rust' shooting: George Clooney, Angelina Jolie, Dwayne Johnson react
Clooney also said what happened on the “Rust” set is a sobering reminder to ensure film crews are always top of the line.
“Why for the life of me this low-budget film, with producers who haven’t produced anything, wouldn’t have hired for the armorer someone with experience … it’s insane, it’s infuriating,” Clooney said. “We need to be better at making sure that the heads of our departments are … experienced and know what they’re doing.”
"Every single time I'm handed a gun on the set — every time — they hand me a gun, I look at it, I open it, I show it to the person I'm pointing it to, I show it to the crew. "Every single take, you hand it back to the armorer when you’re done,” Clooney said.
The actor added that he personally makes sure to take any six-shooter he’s handed on a set, like the one Baldwin was handling, and point it at the ground before firing the trigger six times to ensure it is in fact safe to handle. Clooney said that he does not know Baldwin very well personally, so he stopped short of putting any kind of blaactor.
"I've never heard the term 'cold gun,'" Clooney said of his 40 years in filmmaking. "I've never heard that term. Literally. They're just talking about stuff I've never heard of. It's just infuriating."
"Maybe Alec did that — hopefully he did do that," the actor said of the typical on-set protocol. "But the problem is dummies are tricky because they look like real [rounds]. They got a little tiny hole in the back [from which] somebody's [removed] the gunpowder."
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New pretty photo of Halyna.
WTF with Marc Maron Podcast:
“GC's biggest gripe is the gun that was handed to Alec should never have been handled by Halls ... but rather, Hannah herself or the head prop master.
George says there's been strict protocol for gun use on every set he's been on, and notes ... the protocol was grossly violated on "Rust," going on to say he's never even heard of the term "cold gun" -- while labeling the whole saga "insane" and "infuriating."
George Clooney Blasts 'Rust' Production Over Fatal Shooting
WTF with Marc Maron Podcast:
“GC's biggest gripe is the gun that was handed to Alec should never have been handled by Halls ... but rather, Hannah herself or the head prop master.
George says there's been strict protocol for gun use on every set he's been on, and notes ... the protocol was grossly violated on "Rust," going on to say he's never even heard of the term "cold gun" -- while labeling the whole saga "insane" and "infuriating."
George Clooney Blasts 'Rust' Production Over Fatal Shooting
Well that’s real sweet, but most articles & interviews I’ve seen discuss the collective, fully shared failure of several people that created this avoidable disaster. AB has certainly not been portrayed as a scapegoat. Why would anyone not investigate his contribution to this death? Ridiculous. Imo.
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The protocol outlined by G. Clooney is definitely not helpful for AB. I can easily see criminal charges against AB for negligence.
If the information from G. Clooney is an industry standard and AB did not follow the process, that could be a problem for AB.
If the information from G. Clooney is an industry standard and AB did not follow the process, that could be a problem for AB.
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The actual script is out there, although frankly, I'm only interested in one scene. I'm fine with someone reproducing the actual script by showing it on youtube - easier than finding it otherwise..
I don't know anything about the AD's history of improvising on the fly, only that he had been accused of safety violation and recklessness in previous jobs. He was making a low wage for an AD, IMO (the budget, too, has been published and also visible on Youtube).
The actual script does not need a deposition in my opinion. The script is the script and it was given to the actors and others before the filming began. That's the nature of a script. It cannot change by the time of the deposition or something is really hinky.
We know that they had not yet filmed the latter part of the script (culminating scenes; big shoot-out scene). We do not know exactly which scene was being rehearsed, but in the original script, it calls for Rust (Alec's character) to be sitting in a pew when the Bad Guys come in. He rises, cross draws, and shoots at them (I do not think the script gives what camera distance is desired; that's a director's choice, it would be unusual if it did).
Instead, they were practicing with Rust cross-drawing while standing up. So, someone changed the scene slightly (which is common). Different crew members have said/posted various things about these changes - for that we do need a deposition. But the original script is the original script. If you want to wait for discovery, I'm sure that script will be reproduced as part of discovery, in its original form. It is already out there if you look.
D
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Yes, with today's film technology the use of real firearms could be minimized or even eliminated.With today's cgi and special effects ... couldn't they use mock or airsoft guns that look and weigh about the same --- and add the fire/noise later ?
No need for real guns, then.
Imo.
Rest in gentle peace, Halyna !!!
A tragic waste of talented and promising life.
What's more horrible is that this could have been easily avoided.
More so to her grieving family.
My utmost condolences to her young son and husband.
In this case that tech wasn't being utilized but the death and injury could have been easily avoided if certain safety steps had been taken.
Number one would have been no live ammunition on set at any time.
Number two would have the armorer Hannah Gutierrz Reed make sure the firearm was safe and not loaded with live ammunition.
Number three would be that the AD David Halls did his due diligence and made sure the firearm was not loaded with anything, including blanks or dummy rounds, because he would have known that they where not needed during a rehearsal.
Number four would have Alec Baldwin check the firearm himself and number five not point it directly at anyone while handling it.
If any single one of these things would have been done no one would have died or been injured. JMO.
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Great summary, @RANCH.
I've been reading some small articles about the ownership of firearms, and there seems to be a question of liability when someone loans their firearm to someone else, and then that someone uses it and another person is hurt. Loaning while supervising, as when people are teaching others to hunt, seems to be okay (though not entirely clear of liability). In this case, SK rented the guns to the production. So the production paid for temporary use of someone else's guns. I read that renting out firearms may be prohibited by the ATF, but haven't found a definitive answer, so I'm guessing there's no clear rules on such a thing. Is that why they hired SK 3-4 days into the shooting? I wonder how long he stayed. Supposedly, someone felt that HGR wasn't quite up to the task on her own, but if he were there on the day Halyna was killed, where was he? I am guessing he wasn't there, because that would have given them an armorer's mentor to keep an eye on things.
I've been reading some small articles about the ownership of firearms, and there seems to be a question of liability when someone loans their firearm to someone else, and then that someone uses it and another person is hurt. Loaning while supervising, as when people are teaching others to hunt, seems to be okay (though not entirely clear of liability). In this case, SK rented the guns to the production. So the production paid for temporary use of someone else's guns. I read that renting out firearms may be prohibited by the ATF, but haven't found a definitive answer, so I'm guessing there's no clear rules on such a thing. Is that why they hired SK 3-4 days into the shooting? I wonder how long he stayed. Supposedly, someone felt that HGR wasn't quite up to the task on her own, but if he were there on the day Halyna was killed, where was he? I am guessing he wasn't there, because that would have given them an armorer's mentor to keep an eye on things.
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I see possibilities for negligence, but with resulting punishment to be doled out mainly in civil court via lawsuits. Criminal charges for negligence can result in a petty misdemeanor.
There is a tort law statute for wrongful death in New Mexico.
2018 New Mexico Statutes :: Chapter 41 - Torts :: Article 2 - Wrongful Death; Actions for Damages :: Section 41-2-1 - Death by wrongful act or neglect; liability in damages.]
And a criminal law statute for negligent use of a deadly weapon.
2011 New Mexico Statutes :: Chapter 30: Criminal Offenses :: Article 7: Weapons and Explosives, 30-7-1 through 30-7-22 :: Section 30-7-4: Negligent use of a deadly weapon.
30-7-4. Negligent use of a deadly weapon.
A. Negligent use of a deadly weapon consists of:
(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
(2) carrying a firearm while under the influence of an intoxicant or narcotic;
(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
(4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.
B. The provisions of Paragraphs (1), (3) and (4) of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment.
C. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct.
Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor.
New Mexico Misdemeanor Sentencing
Misdemeanors bring more than six months but less than one year in jail; it also includes fines of up to $1,000. Petty misdemeanors bring a jail time of less than six months and may include a fine of up to $500.
2006 New Mexico Statutes - Section 31-19-1 — Sentencing authority[;] misdemeanors; imprisonment and fines; probation.
New suit says AB "intentionally" fired the gun at Halyna: Alec Baldwin 'intentionally' fired deadly shot on 'Rust' film set: suit
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So there we have it. The script supervisor was inside the church, she dialed 911.
She says that the script did not call for the gun to be shot.
Even if it had had blanks, it ought not to have been shot, according to the script. The script supervisor would be the person who is expert in the script (and would be marking any planned changes).
If he's lucky, that's what will happen. This statute is merely for negligent discharge. Like the time my dad and his brother thought a gun was unloaded and they didn't check and went outside to "sight it." One of them pulled the trigger, fortunately in a very large area with few people.
The unlawful act would be the negligent firing (misdemeanor). That would make the actual homicide a third degree felony:
//Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.//
2011 New Mexico Statutes :: Chapter 30: Criminal Offenses :: Article 2: Homicide, 30-2-1 through 30-2-9 :: Section 30-2-3: Manslaughter.
I am assuming that the D.A. has spoken to the script supervisor. I also wonder if the other civil attorneys will take this complaint into account.
Gardenista
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Yikes, from your link, this is bad
“Alec Baldwin intentionally, without just cause or excuse, cocked and fired a loaded gun even though the upcoming scene to be filmed did not call for the cocking and firing of a firearm,” Mitchell claimed in the lawsuit.
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What is the basis of her claim? Is she saying future earnings from the movie being shut down?
“Mitchell is suing for an unspecified amount for loss of future earnings, special and general damages, attorney fees and punitive damages.”
Gardenista
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Another article
Alec Baldwin, ‘Rust’ Producers And Armorer Sued Again Over Fatal Shooting On Set – Deadline
“Mr. Baldwin cannot hide behind the Assistant Director to attempt to excuse the fact that he did not check the gun himself,” continues the complaint from Mitchell, who was in the church location on the Bonanza Creek Ranch when Baldwin’s “quick draw” rehearsal turned tragic.
Alec Baldwin, ‘Rust’ Producers And Armorer Sued Again Over Fatal Shooting On Set – Deadline
“Mr. Baldwin cannot hide behind the Assistant Director to attempt to excuse the fact that he did not check the gun himself,” continues the complaint from Mitchell, who was in the church location on the Bonanza Creek Ranch when Baldwin’s “quick draw” rehearsal turned tragic.
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Isn’t Mitchell the one that was swearing about the AD during the 911 call?
Edit - here is the 911 call and no one is blaming the AD. But I swear I read something like that?
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And that's exactly what crew members were tweeting on the day it happened. It will be very interesting to see what happens next. Script supervisor would be the expert on what's in the script. Also, this would protect the director from being included in any charges, as he did not direct AB to do what he did, nor did the script he wrote call for that.
There are reasons why scripts are written the way they are these, with attention to gun safety built into most of them.
Even a blank could have hurt someone at the distance he fired.
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Ok. Answering my own question. Seems the script supervisor is suing for severe emotional distress.
Through tears, Mitchell, who was standing next to Hutchins when she was hit, described watching the cinematographer fall to the ground and learning about her death.
"I stood in my driveway screaming. I'll never forget what happened on the set of 'Rust' that day. I relive the shooting and the sound of the explosion from the gun over and over again," she said. "I'm depressed. I don't feel safe. I feel like at any moment, anything could happen to me and to those that I care about that are standing close to me."
Mitchell was the crew member who alerted law enforcement of the shooting.
'Not in the script': 'Rust' lawsuit alleges scene before shooting didn't involve Baldwin firing gun
Through tears, Mitchell, who was standing next to Hutchins when she was hit, described watching the cinematographer fall to the ground and learning about her death.
"I stood in my driveway screaming. I'll never forget what happened on the set of 'Rust' that day. I relive the shooting and the sound of the explosion from the gun over and over again," she said. "I'm depressed. I don't feel safe. I feel like at any moment, anything could happen to me and to those that I care about that are standing close to me."
Mitchell was the crew member who alerted law enforcement of the shooting.
'Not in the script': 'Rust' lawsuit alleges scene before shooting didn't involve Baldwin firing gun
Gardenista
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IIRC, she was saying something about Halls rushing them
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