Alec Baldwin fired prop gun, killing 1 on movie set, Oct 2021 #5

[steeltowngirl]

Grrr. IMO it is astounding to me that AB gets away with any of his behavior and especially this alleged movie set incident. I can't say exactly what he did but any time he is involved there seems to be a stink storm. If it had been me, I would be in jail because I could not afford bail. Correct me if I am wrong. Isn't there a civil case in play??

Yes. The family of Halyna has filed a wrongful death suit against Baldwin and others.

 

[GatorFL]

Grrr. IMO it is astounding to me that AB gets away with any of his behavior and especially this alleged movie set incident. I can't say exactly what he did but any time he is involved there seems to be a stink storm. If it had been me, I would be in jail because I could not afford bail. Correct me if I am wrong. Isn't there a civil case in play??

Yes, Halyna's husband recently filed suit against AB and the production.

 

[DrQ]

Yes, Halyna's husband recently filed suit against AB and the production.

Thanks. Maybe a civil case will help with closure and justice for Halyna and her family.

 

[10ofRods]

New Mexico authorities are fining the producers of Rust for gun safety violations:

New Mexico fines 'Rust' for willful gun safety failures

It doesn’t say which of the production companies will be held liable to pay the fine, but this could be a first step in making this into a negligent homicide/involuntary manslaughter case. Alec is mentioned as both an actor and a producer.

The documents apparently say that the negligence is well documented and there were multiple safety violations.

 

[PrairieWind]

Thanks. Maybe a civil case will help with closure and justice for Halyna and her family.

It will be interesting to see how this plays out. Keep in mind, it might also clear AB. In all likelihood, it will be settled and the terms will not be disclosed.

 

[DI_Isokawa]

Deadline has most, if not all, of the text of the OSHA report:

New Mexico Health & Safety Agency Fines ‘Rust’ Production Company $136,793 – Deadline

And here's the official summary:

https://deadline.com/wp-content/uploads/2022/04/2022-04-19-NM-OSHA-Rust-Summary-of-Investigation.pdf

 

[MajorHoople]

Film production company behind Alec Baldwin's 'Rust' ordered to pay $139,793 for gun safety failures | Daily Mail Online

"The producers of Alec Baldwin-led Western Rust have been ordered to pay $136,793 by New Mexico safety regulators for failures that led to the fatal shooting of cinematographer Halyna Hutchins on the film's set last October.

In a report filed with the state Wednesday, Occupational Health and Safety Bureau officials cited 'willful and serious' safety violations that led them to dishing out the fine, the maximum sum for such safety infractions. "

"The bureau also documented gun safety complaints from crew members that went unheeded and said weapons specialists were not allowed to make decisions about additional safety training."

 

[Lilibet]

Comments by attorneys, including Hannah Guiterezz’ and Matt Hutchins’ at link:
Report on 'Rust' movie shooting finds 'willful violations' on set - CNN
https://www.cnn.com/2022/04/20/entertainment/rust-shooting-osha-report/index.html
Baldwin's attorney Luke Nikas told CNN in a statement, "We are grateful to the New Mexico Occupational Health and Safety Bureau for investigating this matter. We appreciate that the report exonerates Mr. Baldwin by making clear that he believed the gun held only dummy rounds and that his authority on the production was limited to approving script changes and creative casting. Mr. Baldwin had no authority over the matters that were the subject of the Bureau's findings of violations, and we are pleased that the New Mexico authorities have clarified these critical issues. We are confident that the individuals identified in the report will be held accountable for this tragedy."

 

[al66pine]

Atty Comments? Is AB Exonerated?

Comments by attorneys, including Hannah Guiterezz’ and Matt Hutchins’ at link: Report on 'Rust' movie shooting finds 'willful violations' on set - CNN..."

@Lilibet Thx for your post w link. Not addressing you but comparing AB's atty's stmts to NM OSHB agency's Summary of Investigation. Iiuc, this Summary is just that, as an agency employee's summary of investigation, on which the head of NM OSHB will make a final determination about to whether to issue a citation, assess penalties, etc. In some states, that determination is subject to appeal, by the person/entity cited, to a state Administrative Law Judge. Then possibly to a state court. Have not yet searched for NM statutes re this.

Re AB's atty's stmts.
1. AB's atty: AB "had no authority over the matters that were the subject of the Bureau's findings of violations." bbm
Summary does not name AB as having violated workplace safety reg's.
For workplace safety reg. violations, the state agency can issue citations w. penalties for persons or entities. At p. 11, the Summary recommends a "Willful-Serious citation with penalties be issued to Rust Movie Productions, LLC."
It does not recommend citations against any named individual.

2. AB's atty: "report exonerates Mr. Baldwin"
Well, exonerated from what?
Summary's conclusions do not exonerate AB from criminal charge for discharging firearm, causing HH's death & JS's injuries. SF County Sheriff' investigates; NM district atty decides about prosecuting crim charges.
Summary's conclusions do not absolve AB from any civil liability in wrongful death/tort injuries lawsuits for those same actions. HH's husband has filed wrongful death action against AB.
Three different issues: state agency reg. violation, state crim law offenses, and civil lawsuits by victims.

3. AB's atty: AB helped create & fund project. His "authority ... was limited to approving script changes & creative casting."
Report, P. 3, ¶ 10. Alec Baldwin ... the Rust project. "Alec Baldwin’s authority on the set included .... Alec Baldwin handled the revolver and fired the round that struck and injured Halyna Hutchins and Joel Souza."

_________________________
BTW, this is NM State agency OSHB, not fed agency OSHA.
Summary's "Recommendations" pp. 11, ¶¶ 20-28: "The Employer, Rust Movie Productions, LLC,...was responsible for__, failed to __..." etc. and described actions by several persons and how they contributed to workplace safety failures. Summary omitted AB from list of those specified people, but did not recommend issuing citations against any individuals at all. Just recc'ed citation against Rust.

 

[katydid23]

‘Rust’ Armorer Hannah Gutierrez Reed Claims Exoneration After OSHA Report On Fatal Film Shooting Puts Safety Violations Blame On Producers & Supervisors


‘Rust’ Armorer Hannah Gutierrez Reed Claims Exoneration After OSHA Report On Fatal Film Shooting Puts Safety Violations Blame On Producers & Supervisors
Dominic Patten
Wed, April 20, 2022,

(Updated with Hutchins’ family lawyer statement) Long in the spotlight for Alec Baldwin’s fatal shooting of Rust cinematographer Halyna Hutchins last October, the film’s armorer Hannah Gutierrez Reed is now declaring a degree of vindication after a vital safety report’s release Wednesday.


“After OSHA’s very comprehensive safety investigation involving numerous interviews and review of documents, it has concluded that production willfully failed to follow national gun safety standards, which caused this tragedy,” Reed’s lawyer Jason Bowles told Deadline on Wednesday. “OSHA found that Hannah Gutierrez Reed was not provided adequate time or resources to conduct her job effectively, despite her voiced concerns,” the Albuquerque, New Mexico-based attorney noted.


In the damning report, Rust Movie Productions LLC and its management were hit with a maximum $136,793 fine by the New Mexico Occupational Health and Safety Bureau for its “willful and serious” violation of workplace safety procedures during the filming of the indie Western.

“Critically, OSHA also determined that production failed to call Hannah in to perform her armorer duties and inspect the firearm right before its use in the impromptu scene with Baldwin,” Bowles continued in his remarks for his client. “As we have stated before, had anyone from Production called Hannah in back into the church before the scene to consult with her, this tragedy would have been prevented. Hannah has also reached out to OSHA recently in an effort to provide her suggestions for changes and improvement of safety standards on sets to avoid a tragic incident in the future.”

 

[BeachSky]

IMO It’s turning out like Midnight Rider camera crew Sarah Jones death on the set of the train tracks.
Ruled “Accident” …fines…jail time/ no jail time/probation….circular blame.

Meantime these lovely women are gone.

 

[Ruby12345]

“As we have stated before, had anyone from Production called Hannah in back into the church before the scene to consult with her, this tragedy would have been prevented

There's actually no evidence that if they had called her in that she would have checked the gun and spotted the live bullet. She didn't spot in when she loaded the gun or when she was cleaning it.

 

[al66pine]

Camera Crew Death on Film Location.

IMO It’s turning out like Midnight Rider camera crew Sarah Jones death on the set of the train tracks.
Ruled “Accident” …fines…jail time/ no jail time/probation….circular blame.
Meantime these lovely women are gone.

@BeachSky bbm Thx for your post. I was unaware of that sad 2014 death which happened in large part due to failure to follow industry guidelines already in place. Also would have been plain old common sense to secure RR co's permission to film on RR bridge/trestle and to coordinate film & train schedules. my2ct

Midnight Rider (film) - Wikipedia
How ‘Midnight Rider’ Victim Sarah Jones Lost Her Life: A Train, a Narrow Trestle and 60 Seconds to Escape – The Hollywood Reporter

 

[al66pine]

Editted: Just located the NM OSHB Report, the official report itself,
which, per MSM, issued citation & assessed a penalty w $13x,+ fine.

My post 309 last night discussed "Summary of Investigation" * which recommends at p. 11, a "Willful-Serious citation with penalties be issued to Rust Movie Productions, LLC."
https://deadline.com/wp-content/uploads/2022/04/2022-04-19-NM-OSHA-Rust-Summary-of-Investigation.pdf.

 

[DI_Isokawa]

A link to the NM OSHB Report, the official report itself,
which per MSM issued citation & assessed a penalty w $13x,+ fine?

My post 309 last night discussed "Summary of Investigation" * which recommends at p. 11, a "Willful-Serious citation with penalties be issued to Rust Movie Productions, LLC."

Anyone? TiA.

* https://deadline.com/wp-content/uploads/2022/04/2022-04-19-NM-OSHA-Rust-Summary-of-Investigation.pdf

The NM OSHB (not OSHA) site has just the above Summary of Investigation, the Citation, press release and the video statement by the Cabinet Secretary. I think that's all there is. Rust Movie Productions has announced it will appeal so there may be a further transcript later.

Here is the official OSHB site on the incident:

New Mexico Environment Department

And its links:

Press Release:

https://www.env.nm.gov/occupational...report-into-shooting-on-set-of-Rust-Final.pdf

Summary of Investigation:

https://www.env.nm.gov/occupational...-19-NM-OSHA-Rust-Summary-of-Investigation.pdf

Citation:

https://www.env.nm.gov/occupational...22/04/2022-04-19-EHD-OSHA-Rust-Citation-2.pdf

Video:

 

[al66pine]

NM OSHB Enforcement Files re Rust Shooting

Editing my post to delete duplication w same info in ^ post by @DI_Isokawa

Thanks DI_Isokawa.
________________________________
Just parking some info below for possible future reference.
New Mexico State Plan | Occupational Safety and Health Administration. Tho it's a ".gov" site,
NM state OSHB agency enforces workplace safety laws & reg's.
New Mexico Environment Department, James C. Kenney, Cabinet Secretary. He speaks in ^ youtube vid re Rust.
W'in BM ED, Occupational Health & Safety Bureau, Robert Genoway, Bureau Chief
Compliance Program, Gregory Marquez, Compliance Program Manager
New Mexico Environment Department

 

[al66pine]

Two Kenneys. Related???

Seth Kenney, owner of PDQ Arm & Prop, supplier of some materials, which may or may not have included "live rounds." He denied that the live rounds on the film’s set came from his company.*

James C. Kenney, Cabinet Secretary of NM Environment Dept.
New Mexico Occupational Health & Safety Bureau (OSHB) is part of NM ED.**

___________________________
* Dec 2, 2022. In a Thursday interview with Good Morning America, Kenney spoke to ABC News correspondent Kaylee Hartung, telling her that his New Mexico-based company “supplied the guns, the blank ammunition and 50 dummy rounds to the show.” But he denies that the rounds found on set and seized by authorities as part of their investigation came from him, and acknowledges that the FBI is working to learn more about the seized rounds.
“They found four rounds that were close enough to take in with them. They’re not a match, but they were close,” he says. “So there’s something very unique about the live rounds that were found on Rust, but we’ve got to wait for the FBI to do its job." bbm
‘Rust’ Prop Supplier Denies Company Provided Live Rounds Found on Set – The Hollywood Reporter
** New Mexico Occupational Health and Safety Bureau (OSHB) is a part of the New Mexico Environment Department which is headed by the Secretary.
New Mexico State Plan | Occupational Safety and Health Administration

 

[DrQ]

It will be interesting to see how this plays out. Keep in mind, it might also clear AB. In all likelihood, it will be settled and the terms will not be disclosed.

Thanks. I hope something and/or someone is held at least some what responsible for this terrible event. In reading the posts, it appears many large fingers are pointing.

 

[Gardenista]

Hannah reached out to OSHA to give them advice

 

[Luna20]

Hannah reached out to OSHA to give them advice

On guns?