Alec Baldwin fired prop gun, killing 1 on movie set, Oct 2021 #4

[10ofRods]

Regarding the bolded, I disagree. Unless it's within a foot or two a blank will not hurt someone.

Start at 7:00

People have lost hearing and had eye damage/skin damage at 5-6 feet. Alec was 3-4 feet away from Halyna (most articles say 4 feet).

Rubber bullets are of a similar weight to a blank and a blank often has more primer than a rubber bullet, but people have had severe bruising (down into the muscle), blindness, and deafness from rubber bullets. Powder tattooing can damage skin - but if it hits someone's eye, it can cause blindness. Gaseous discharge can cause lung irritation. There's all kinds of reasons there are strict rules for blanks. A thing doesn't have to be lethal to be a problem in the wo

Blanks can cause irreversible eye damage (through "powder tattoos") at 5 feet and certainly at 3-4 feet. I consider all these types of injuries to "hurt."

So even if he had fired a blank, this would be against OSHA and industry standards and highly negligent especially since indoors. Even if it is very uncommon (so is getting a disease from a reused needled), we don't do that in the workplace. I believe OSHA requires that if blanks are to be fired, crew members are to wear earplugs or ear protection and the person firing the gun should attempt to do it in one take (the camera wasn't even rolling here).

A crew member was already injured in the foot by a blank on this set. Injuries hurt.

 

[al66pine]

Mitchells' Claim for Loss of Future Earnings?

....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.”

@steeltowngirl
I've not read the petition so am speaking only to your question about loss of earnings.
Even w production being halted/cancelled, she may still be paid until time of shutdown, possibly all the scheduled shooting days (no pun intended) for Rust.

But no, not just for loss of earnings as script supervisor on this movie, but loss of future earnings, claiming - opportunities for her to continue in same/ similar employment will be non-existent or limited because of her association w Rust.
W physical injuries (say a motor vehicle crash, after which construction-worker-plaintiff's legs are amputated), it's easier to understand idea of loss of future earnings.
Yeah, sometimes a rather nebulous concept, but loss of future earnings claim is extremely common in many kinds of tort cases.* As always welcoming comment or correction, esp'ly from our legal professionals. my2ct.
____________________________

* Personal injury - Wikipedia
See also Damages - Wikipedia

 

[steeltowngirl]

Mitchells' Claim for Loss of Future Earnings?
@steeltowngirl
I've not read the petition so am speaking only to your question about loss of earnings.
Even w production being halted/cancelled, she may still be paid until time of shutdown, possibly all the scheduled shooting days (no pun intended) for Rust.

But no, not just for loss of earnings as script supervisor on this movie, but loss of future earnings, claiming - opportunities for her to continue in same/ similar employment will be non-existent or limited because of her association w Rust.
W physical injuries (say a motor vehicle crash, after which construction-worker-plaintiff's legs are amputated), it's easier to understand idea of loss of future earnings.
Yeah, sometimes a rather nebulous concept, but loss of future earnings claim is extremely common in many kinds of tort cases.* As always welcoming comment or correction, esp'ly from our legal professionals. my2ct.
____________________________

* Personal injury - Wikipedia
See also Damages - Wikipedia

Thanks @al66pine. And wow. Will she really not be employable in same /similar employment due to her association with Rust? I’m thinking (as an example) about John Landis who directed Twilight Zone, and continued on with his career.

 

[steeltowngirl]

That wasn't my question. I do realize that. Let's see if I can phrase it better.

My question is that...if I or you or HGR owned a fanny pack, would it be considered a personal possession of mine 0r you or hers, when officers came to her to ask her questions and take her possessions. I think there was probable cause to take her personal possession (the fanny pack) but did it have to be actually attached to her person?

In which case, I would think they needed a warrant. But I'm not sure. That's what I'm asking - are there specific search warrants for HGR's fanny pack. If it is known to be hers, where was it after the shooting?

A more mundane example would be...I have a purse (it's known to be mine), and I'm in an accident and it flies out of the car. It's not on my person. Later, someone picks it up or an investigator finds it. I've already had my "person" searched at the scene, as part of cooperating.

Can LE look through that purse?

I realize the question wasn’t to me, but wouldn’t there have been probable cause to search her fanny pack? (Assuming she didn’t consent). Now I bet if she was arrested and charged with a crime because of evidence that police found in her bag, then she might have a chance to get charges dismissed based on 4th Amendment.

 

[jjenny]

I realize the question wasn’t to me, but wouldn’t there have been probable cause to search her fanny pack? (Assuming she didn’t consent). Now I bet if she was arrested and charged with a crime because of evidence that police found in her bag, then she might have a chance to get charges dismissed based on 4th Amendment.

HGR, AD, and Baldwin all talked with the police. Why would we assume HGR didn't consent to search?

 

[jjenny]

Thanks @al66pine. And wow. Will she really not be employable in same /similar employment due to her association with Rust? I’m thinking (as an example) about John Landis who directed Twilight Zone, and continued on with his career.

Why would she be not employable? Nobody said she is responsible in any way for the shooting.

 

[borndem]

“The events that led to the shooting by Mr. Baldwin of a loaded gun constituted intentional acts and/or omission, without any just cause or excuse, on Alec Baldwin’s part or the Producers of ‘Rust,’” the complaint said. “Mr. Baldwin chose to play Russian Roulette with a loaded gun without checking it and without having the Armorer do so. His behavior and that of the Producers on ‘Rust’ were intentional acts and/or omissions.

The fact that live ammunition was allowed on a movie set, that guns and ammunition were left unattended, that the gun in question was handed to Mr. Baldwin by the Assistant director who had no business doing so, the fact that safety bulletins were not promulgated or ignored, coupled with the fact that the scene in question did not call for a gun to be fired at all, makes this a case where injury or death was much more than just a possibility– it was a likely result.”


In the suit, Mitchell claimed, “Alec Baldwin intentionally, without just cause or excuse, cocked and fired and loaded gun even though the upcoming scene to be filmed did not call for the cocking and firing of a firearm.”


Did AB the gun before firing? That is bad.

I thought he had said earlier that the gun just went off and he didn't even pull the trigger? But if he actually cocked it and then pulled the trigger, that is a bad legal fact against him.

Seems like the gun often "just goes off"all by itself...

Well, folks, there we have it -- at least it's the first one I've seen published by the press. A lawsuit against AB and the producers of "Rust," et al, filed by "Rust" script supervisor Mamie Mitchell. Phew, it's pretty tuff, IMO, and it lists lotsa folks and businesses, etc.
Lotsa attorneys for the plaintiff, Mamie Mitchell.

I feel sure it's not gonna be the last suit that is filed in this sad and horrible situation.

We'll see when and where it goes...

The door is now open...

 

[al66pine]

Loss of Future Earnings?

Thanks @al66pine... Will she really not be employable in same /similar employment due to her association with Rust?...

Why would she be not employable?...

@steeltowngirl @jjenny bbm Whoa, whoa, whoa.

My post explained a bit about the meaning of loss of future earnings and gave links for further info. Nothing specific to her case.
From my earlier post: "... claiming - opportunities for her to continue in same/similar employment will be non-existent or limited ..." rbm

A claim in a complaint is, well, a claim. I'm not saying there is or is not evd to support it. IDK. my2cts.
Again I haven't seen the complaint.

 

[10ofRods]

I realize the question wasn’t to me, but wouldn’t there have been probable cause to search her fanny pack? (Assuming she didn’t consent). Now I bet if she was arrested and charged with a crime because of evidence that police found in her bag, then she might have a chance to get charges dismissed based on 4th Amendment.

I am guessing they got a search warrant for the entire set, right? Because the Sheriff said they looked over the entire set and found more of "what appeared to be live ammunition."

So, if it was in the fanny pack, but no one nearby claimed the pack, I would think that's okay. I do wonder if they knew whose pack it was and the impact of not knowing on future proceedings. We do not know whose fanny pack it was (maybe it was shared by the two prop people?) We also do not know whether it was the thing containing the live ammo, but I suspect that it was. If in addition, HGR is the actual owner of the fanny pack, if she didn't own up to it right away, I would think the general search warrant was sufficient, but that wouldn't look good for her case.

Thanks for replying. I get very caught up in these technicalities on each case.

 

[Mo Thuairim]

Cinematographers Pay Tribute to Fallen Colleague Halyna Hutchins - Variety

Amy Vincent, vice president of the American Society of Cinematographers, also spoke, her voice strained with emotion. “Halyna was a cinematographer filled with joy and passion,” she said, speaking to a group of veteran cinematographers at EnergaCamerimage’s main gala hall, adding that she urged colleagues worldwide to “join the ASC in our commitment to protecting and watching over all artists pursuing their dreams.”

(...)

ASC president Stephen Lighthill joined the tribute online with praise for Hutchins, and announced her induction into the ASC as an honorary member. Her name will now appear in the roster of the organization’s publication, American Cinematographer. She joins other motion-picture luminaries that include Thomas Edison, Walt Disney and the Apollo 11 astronauts in receiving the honor.

 

[MsMarple]

Ugh, sections 41 - 53 (pp. 14 - 16) were difficult to read, coming from MM's eyewitness account. What a horrifying event.
https://deadline.com/wp-content/uploads/2021/11/RUST-mitchell-allred-complaint.pdf

 

[ColyH]

When will we ever learn. It's just like the Twilight Zone movie where keeping the movie under budget and on schedule was more important than the safety of the cast and crew.

 

[Luna20]

Alec Baldwin is seen for the first time since being sued by Rust script supervisor | Daily Mail Online




“Mitchell, the first person to call 911 after Hutchins was accidentally shot by Baldwin on the film's set last month, broke down in tears on Tuesday as she announced the filing of her lawsuit against Baldwin and other producers of the low-budget Western movie.

The suit names 22 defendants associated with the film, including Baldwin, Rust producers, six production companies - El Dorado Pictures, Thomasville Pictures, Short Porch Pictures, Brittany House Pictures, 3rd Shift Media and Streamline Global - armorer Hannah Gutierrez Reed, First Assistant Director David Halls and others”

 

[everybodhi]

Alec Baldwin is seen for the first time since being sued by Rust script supervisor | Daily Mail Online




“Mitchell, the first person to call 911 after Hutchins was accidentally shot by Baldwin on the film's set last month, broke down in tears on Tuesday as she announced the filing of her lawsuit against Baldwin and other producers of the low-budget Western movie.

The suit names 22 defendants associated with the film, including Baldwin, Rust producers, six production companies - El Dorado Pictures, Thomasville Pictures, Short Porch Pictures, Brittany House Pictures, 3rd Shift Media and Streamline Global - armorer Hannah Gutierrez Reed, First Assistant Director David Halls and others”

Daily Mail with the news, he brushed his hair (paraphrasing)

"Glum chum: Baldwin appeared care-worn, although his trademark salt-and-pepper hair had been carefully coifed"

 

[IceIce9]

When will we ever learn. It's just like the Twilight Zone movie where keeping the movie under budget and on schedule was more important than the safety of the cast and crew.

And all five defendants in the Twilight Zone case were acquitted, which is still shocking to me. Especially since two young child actors had been killed.

 

[Gardenista]

Alec Baldwin is seen for the first time since being sued by Rust script supervisor | Daily Mail Online




“Mitchell, the first person to call 911 after Hutchins was accidentally shot by Baldwin on the film's set last month, broke down in tears on Tuesday as she announced the filing of her lawsuit against Baldwin and other producers of the low-budget Western movie.

The suit names 22 defendants associated with the film, including Baldwin, Rust producers, six production companies - El Dorado Pictures, Thomasville Pictures, Short Porch Pictures, Brittany House Pictures, 3rd Shift Media and Streamline Global - armorer Hannah Gutierrez Reed, First Assistant Director David Halls and others”

I love the DM snarky captions lol

 

[everybodhi]

Even without negligence charges, accidentally killing someone probably isn't an easy thing to get over.
I cannot even imagine the regret one must feel..
The Crow inspired stronger industry safety protocols to prevent this from happening again, too bad they were ignored all because "time is money".
Until it isn't.

'The Crow' Curse: How Michael Massee Unfairly Bore the Blame for Brandon Lee's Death

Determining that it was a routine scene, Carolco Studios preemptively told the film’s freelance firearms consultant James Moyer that he would no longer be needed on set. The regular stage crew was left to handle the scene.

That crew loaded the gun that eventually took Lee’s life with dummy bullets for a close-up shot taken prior to the scene.

But according to Moyer, a portion of one of the dummy bullets had become dislodged from its casing, remaining in the gun’s cylinder. When Massee pulled the trigger, he unwittingly discharged a live weapon.

No criminal charges were ever brought against Massee and the death was ruled an accident. While no one ever blamed Massee for the actor’s death, he told the Telegraph in 2005 that he struggled to recover from the accident.

“I don’t think you ever get over something like that,” he said.

In an interview in 2007, the actor said, “It absolutely wasn’t supposed to happen. I wasn’t even supposed to be handling the gun until we started shooting the scene and the director changed it.”

 

[Luna20]

I love the DM snarky captions lol

DM captions and comments never disappoint.

 

[10ofRods]

And all five defendants in the Twilight Zone case were acquitted, which is still shocking to me. Especially since two young child actors had been killed.

Different times. Less social media and less anti-Hollywood sentiment. Landis showed contrition from the very beginning. Child labor laws in California were not strictly enforced, and the real negligence seemed to lie in the actions of a special effects person (or the whole department) fired off explosives at the wrong time. The special effects guy was likely acquitted because while he didn't understand his instructions - no one did. There was enough chaos at the time that the blame really had to be mostly Landis's.

People learned to not try such extravagant, multi-layered special effects in real river beds, with real air currents, and real explosives.

So far as I know, nothing like that has happened since.

Today, juries are very safety conscious and have a whole new idea about workplace lawsuits (workplace harassment and discrimination simply weren't a thing back in the 80's, not like today; people are primed to strongly prefer safety first).

Also, today, there is social media, with headlines like the ones we see on this thread, which sets a tone. Many people check various sites that have these "news" sites as pop-ups or banners or side columns.

 

[Luna20]

Husband comments:

"Halyna was the love of my life, and our loss of her has devastated our family's dreams. We feel the silence of her being forever gone as a suffocating stillness in our home. Our love and adoration for her grows as we tell her story, and we hope her work can inspire filmmakers and storytellers around the world. We thank the many generous supporters who have been so thoughtful in our time of loss."


He later referenced the Hutchins' 9-year-old son, Andros.


He included a photo of her headstone, which features a movie camera, a film strip and two phrases, "Her light shapes our lives" and "Keep chasing your vision."


'Rust' cinematographer Halyna Hutchins's friends and family will mourn her in private ceremony