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

[Betty P]

HGR has stated in, via her attorney. I believe it's in the 550 evidence documented released by LE.

What "Rust" armorer Hannah Gutierrez-Reed's statement rev...

Gutierrez-Reed has been formally charged alongside Alec Baldwin with two counts of involuntary manslaughter, after the fatal shooting of Halyna Hutchins on set.

www.newsweek.com

From that article:

//Bowles and Bullion added: "Hannah asked Halls if they could use a plastic gun for the rehearsal scene and he said no, wanting a 'real gun.' Hannah asked to be called back into the church if Baldwin was going to use the gun at all and Halls failed to do that.//

So not "told to use" but Hannah "asked" Halls if they could use a plastic gun. She obviously had no real power on this set. The armorer is supposed to make those decisions, not ask permission of a non-armorer about what to do. She also specifically said she should be there if they didn't use the plastic gun. Which Halls and Baldwin failed to insure.

No offense, but I can't take her word for that. She's trying to shift blame. She'll need relevant people to corroborate her story. JMO, as inexperienced as she was, she was still supposed to be in complete control of all the weapons and ammunition on the set. She failed to follow the most basic rules of her profession, she has to accept responsibility for her negligence.

 

[10ofRods]

BBM



So Hall said no they wanted a real gun.

Clearly that should indicate to Hannah that she needed to be there.

Why would she need to be called back if he does use a gun?

Hall’s already told her they wanted a real gun.

Because she wanted to do something else rather than bother with a rehearsal of the main character?

It seems she deliberately ignored Hall’s stated intent and her duty to be present or she would have been on top of that real gun plan and shown up asked or not.

Why would she have power over the way the rehearsal is going?

Isn’t that why she is on set to carry out duties associated with the handling of guns as directed in the production as it rehearses and films?

How is it unreasonable to have a major scene with the main character using the gun they will film with as they rehearse for the camera shots? A plastic gun, apparently, doesn’t look just like a real one on film so they want an idea of what the real one would look like in that scene as it will be filmed.

All imo

She was told not to be there, IMO. She was told to go work in wardrobe/props and so she told Hall to use the plastic gun and to call her (as is customary) if a real gun was used. He did not. That's a main reason why he was charged with involuntary manslaughter and intends to plead guilty to the charge in about 10 days.

She has no "power" over the rehearsal; she's the armorer, she's supposed to be there according to contracts signed with unions, if guns are used. A lot of armorers might have insisted on being there even for the plastic gun and I'd love to know how many armorers leave ammo and guns lying unsecured on a cart.

Unfortunately, the documents released by LE say something very different to your next to last paragraph. Joel and Halyna weren't even blocking the scene, they were conferring about something else. Only Alec knew he was rehearsing and rehearsed, unexpectedly pulling the gun (perhaps to show it to the guy who was operating the camera, but that guy wasn't sure who Alec was trying to show the gun, IIRC). So there is no "they" who wanted Alec to use a gun right then. He was still practicing his cross draw for the upcoming final scenes (or so it says in the LE documents).

Santa Fe Sheriff's Office Investigation Into "Rust" Shooting | PDF

The Santa Fe Sheriff's Office has released its report into the fatal shooting by Alec Baldwin.

www.scribd.com

It's about halfway through that document, where every single person who was in the church gives a statement, including Joel who says that it was not a scheduled rehearsal, IIRC.

 

[10ofRods]

No offense, but I can't take her word for that. She's trying to shift blame. She'll need relevant people to corroborate her story. JMO, as inexperienced as she was, she was still supposed to be in complete control of all the weapons and ammunition on the set. She failed to follow the most basic rules of her profession, she has to accept responsibility for her negligence.

There are other people's testimony in the 550 document released by LE, I just linked it immediately above.

She had actually written emails complaining that she was not allowed to pay her job.

And federal authorities agreed with her in a formal finding. The OSHA report states that HGR was paid for only 8 days as an armorer and concludes that was not enough. 8 days pay for a month long production that used guns almost every day of shooting - and was especially intense in gun use for the last 5-6 days (which were about to begin). HGR's immediate supervisor is named in some of the civil suits, but the emails went to many people (and I think there may be texts as well).

So OSHA fined the set the maximum it could, and the fact that they failed to hire a full time armorer is one of the first things their report mentions. All of this is in the PCA and in the full release of investigatory documents. Link is in my last post, just above.

IMO.

 

[10ofRods]

Er, the document submitted by AB's lawyers asserts the opposite: that the law as in effect at the time of the shooting required "brandishing," the later amendment loosened the standard. Their submission is attached. So who got it wrong?

IMO, the defense attorneys got it wrong. Original statute for involuntary manslaughter was completely revised in 1978. Then, in 2020, the section regarding the firearm enhancement (stating "use" of as well as "brandishing" - in clauses C and D) were added. That's before the Rust shooting.

Then in 2022, the brandishing clause was amended to give a more specific definition of brandishing (Clause D). He's not charged under Clause D, he's charged with verbatim language from Clause C (use of a firearm, not brandishing). .

At least, that's what the arrest warrant says - it has the language of Clause C. This link goes to the language of the relevant law, with revision dates:

https://www.nmlegis.gov/Sessions/20%20Regular/final/HB0006.pdf

It's true that the 5 year additional penalty was changed by a couple of words in 2022, but it was already in place in 2020 according to this official .gov document.

I am watching attorneys haggle over this in various places around youtube and the internet - so it isn't just us/me who are confused by this charge and the assertion that it wasn't in law in 2020, when the above link (to me) plainly states that it was added in 2020. The additional language in Clause D is, IMO, irrelevant, but welcome other opinions of course.

IMO

 

[deugirtni]

No offense, but I can't take her word for that. She's trying to shift blame. She'll need relevant people to corroborate her story. JMO, as inexperienced as she was, she was still supposed to be in complete control of all the weapons and ammunition on the set. She failed to follow the most basic rules of her profession, she has to accept responsibility for her negligence.

I wonder why she couldn't have left the gun, but EMPTY, and asked AD to call her when/if it was time to practice with DUMMIES?

ETA: At which time, she would show up with ONLY DUMMIES, load the gun, and show the loaded rounds to whomever she was supposed to show them to, all of them, whether by taking each one out individually, or whatever it took to actually show that the rounds in that particular gun were in fact dummies. Instead she leaves the gun, loaded, along with additional loose rounds on the table, etc., and without even showing anyone the loaded rounds in the gun, presumably since she had done that earlier before lunch, and even though she was the only one who knew she had loaded an additional round into the gun since then.

 

[deugirtni]

Excellent question. Another "industry safety rule" with no enforcement mechanism is that there should be no ammunition on the "set" (an ambiguous term itself when dealing with location filming.) LE has shown a remarkable lack of interest in how the live round not only got onto the location, but also into the weapon and in the "next to fire" position in the cylinder setting. We don't have the numbers (and probably never will have, given the almost total lack of record keeping among all involved) but if you make some guesstimates based on the the number of actors requiring gunbelts and bandoliers, etc., you get a pretty low probability that the the round made that trip by a series of unintentional acts by multiple individuals. Not impossibly low, but low enough IMHO to seriously suspect agency somewhere along the line.

As far as the general New Mexico law and custom about where you may or may not take a loaded weapon, I'll let somebody else explain that

Are you suggesting sabotage via group (of more than one) effort?

 

[SteveS]

IMO, the defense attorneys got it wrong. Original statute for involuntary manslaughter was completely revised in 1978. Then, in 2020, the section regarding the firearm enhancement (stating "use" of as well as "brandishing" - in clauses C and D) were added. That's before the Rust shooting.

Then in 2022, the brandishing clause was amended to give a more specific definition of brandishing (Clause D). He's not charged under Clause D, he's charged with verbatim language from Clause C (use of a firearm, not brandishing). .

At least, that's what the arrest warrant says - it has the language of Clause C. This link goes to the language of the relevant law, with revision dates:

https://www.nmlegis.gov/Sessions/20%20Regular/final/HB0006.pdf

It's true that the 5 year additional penalty was changed by a couple of words in 2022, but it was already in place in 2020 according to this official .gov document.

I am watching attorneys haggle over this in various places around youtube and the internet - so it isn't just us/me who are confused by this charge and the assertion that it wasn't in law in 2020, when the above link (to me) plainly states that it was added in 2020. The additional language in Clause D is, IMO, irrelevant, but welcome other opinions of course.

IMO

Respectfully, Clause C does not say "use." It too says "brandish" [variations] and all of Section 3 uses that term 6 times (while it speaks of "use" of a firearm 0 times). The document you posted Section C reads as follows:

C. If the case is tried before a jury and if a
prima facie case has been established showing that a firearm
was brandished in the commission of the offense, the court
shall submit the issue to the jury by special interrogatory.
If the case is tried by the court and if a prima facie case
has been established showing that a firearm was brandished in
the commission of the offense, the court shall decide the
issue and shall make a separate finding of fact thereon.

However, what may be unclear (and I don't have the details) is what was in place from before, that remained in place. The text of Section 3 says that it is amending the prior law, not replacing it. Amending means adding to, of course. Yet it appears to be saying that the amending is resulting in the reading that follows, in which there is no mention of the "use" of a firearm, only it being brandished. From the document you posted:

SECTION 3. Section 31-18-16 NMSA 1978 (being Laws 1977,
Chapter 216, Section 5, as amended) is amended to read:

 

[DI_Isokawa]

Are you suggesting sabotage via group (of more than one) effort?

No, I am just saying that the probability of the round making it to the fatal location in time and space purely by accident is small enough to justify an energetic search for person or persons unknown who may have helped it on its way. And I don't see that happening.

 

[10ofRods]

Major restart planned for the production:

Alec Baldwin’s ‘Rust’ to Resume Filming With New and Old Crew, Producers Claim (Exclusive)

A documentary on the life and work of Halyna Hutchins, the cinematographer fatally shot on the film set, will also start shooting "with the full support of the production" and Hutchins' widower.

www.hollywoodreporter.com

Yeah, that's what they said last November - that it was going to happen in January. January came and went and all that happened is that Alec got charged with involuntary manslaughter.

So, I'll believe that it's going to resume when I see it. I can't imagine that Alec is happy to go into the State of NM right now. However, the smart thing to do would be to resume in NM at the Bonanza Ranch, if possible. Heck, maybe Alec will be in town anyway, for legal reasons.

In November, they said they were looking for a movie ranch in California (there are a couple, way more expensive than Bonanza). Now they have extra expenses relating to travel for all the principles, and bringing all the components to a new set.

Interesting that they rewrote the ending (the scene in which Halyna was shot). Also interesting that her friend is the new cinematographer.

Meanwhile, I also found that 2018 gun enhancement (so already in place) was a mandatory 1 year enhancement, apparently changed to 3 years in 2020:

2018 New Mexico Statutes :: Chapter 31 - Criminal Procedure :: Article 18 - Criminal Sentencing :: Section 31-18-16 - Use of firearm; alteration of basic sentence; suspension and deferral limited.

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

(My DH just proposed that they write Alec out of the script; have him die off stage; have the grandkid character take the lead for the ending...could be quite dramatic!)

Since they are making changes to the script, so that's our contribution!

 

[10ofRods]

Respectfully, Clause C does not say "use." It too says "brandish" [variations] and all of Section 3 uses that term 6 times (while it speaks of "use" of a firearm 0 times). The document you posted Section C reads as follows:

C. If the case is tried before a jury and if a
prima facie case has been established showing that a firearm
was brandished in the commission of the offense, the court
shall submit the issue to the jury by special interrogatory.
If the case is tried by the court and if a prima facie case
has been established showing that a firearm was brandished in
the commission of the offense, the court shall decide the
issue and shall make a separate finding of fact thereon.

However, what may be unclear (and I don't have the details) is what was in place from before, that remained in place. The text of Section 3 says that it is amending the prior law, not replacing it. Amending means adding to, of course. Yet it appears to be saying that the amending is resulting in the reading that follows, in which there is no mention of the "use" of a firearm, only it being brandished. From the document you posted:

SECTION 3. Section 31-18-16 NMSA 1978 (being Laws 1977,
Chapter 216, Section 5, as amended) is amended to read:

Sorry - wrong link (that was showing what did get changed about brandishing). Here's the final legislative document (Act 120 in 2018) And I misled you with the wrong letter, it's section A.

https://www.nmlegis.gov/sessions/18%20Regular/final/HB0120.PDF

But I'll quote it:


//"31-18-16. USE OF FIREARM--ALTERATION OF BASIC SENTENCE [SUSPENSION AND DEFERRAL LIMITED].-- A. When a separate finding of fact by the court or jury shows that a firearm was used in the commission of a noncapital felony, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 [shall] may be increased by three years..//

That's 2018 and it removed former section B and renumbered C to B. I'm not certain, but I think a change in 2020 says the original sentence cannot be served concurrently. And this 2018 version says *may* increase sentencing by 3 years. According to the current statute, "brandishing" includes "use" (and so supercedes use but does not vacate the former statute).

Where I think the sticking point comes is that the three year enhancement must surely have to be changed to a 1 year enhancement due to the fact that these crimes are Alec's first felony charges. I do wonder why he was not charged with assault on Joel Souza, though.

So the 2020 statute includes "use" in the word brandishing:

//The 2020 amendment, effective July 1, 2020, increased the sentence enhancements for brandishing of a firearm in the commission of a noncapital felony, and defined "brandished" as used in this section; in the section heading, and throughout the section, substituted "brandished" for "used"; in Subsection A, after "shall be increased by", deleted "one year and the sentence imposed by this subsection shall be the first served" and added "three years, except"; in Subsection B, after "shall be increased by", deleted "three" and added "five", and after "years", deleted "and the sentence imposed by this subsection shall be the first three years served, and shall not be suspended or deferred; provided" and added "except"; and added Subsection D.//

So I'd think that perhaps Alec can get that charge changed to the 1 year version (first felony) unless there's something about Alec that we don't know. Here's a list of his former issues - including an assault charge in 2018, the disposition of which has not been made public:

Here's the actual involuntary manslaughter statute's language about the enhancement:

//Use of firearm enhancement for negligent use. — Under the facts of this case, the state was required to prove that the defendant negligently used a firearm to commit a noncapital felony and this conduct resulted in the death of a human being. Use of a firearm is the same conduct required to enhance the defendant's sentence under Section 31-18-16A NMSA 1978. Because the state would not be required to prove any additional facts in order to have the defendant's sentence enhanced, the firearm enhancement statute is subsumed within the offense of involuntary manslaughter by negligent use of a firearm. State v. Franklin, 1993-NMCA-135, 116 N.M. 565, 865 P.2d 1209.//

2019 New Mexico Statutes :: Chapter 31 - Criminal Procedure :: Article 18 - Criminal Sentencing :: Section 31-18-16 - Use of firearm; alteration of basic sentence; suspension and deferral limited.

Justia Free Databases of U.S. Laws, Codes & Statutes

law.justia.com

(you have to scroll way down for involuntary manslaughter).

To me, it seems that a one year mandatory (and non-concurrent) enhancement is the proper charge. However, I suppose the prosecution might consider "brandishing" to be a matter of fact, to be determined by the jury. I would sure like to know what Joel and DH will have to say in court as to whether anything was said or done that could meet the criteria of brandishing (which apparently includes "use"). I can see why the prosecution wants that part to go to trial.

At the same time, it gives some room for Alec to bargain, I think.

Anyway, I do think "brandishing" includes use.

 

[Jade]

She was told not to be there, IMO. She was told to go work in wardrobe/props and so she told Hall to use the plastic gun and to call her (as is customary) if a real gun was used. He did not. That's a main reason why he was charged with involuntary manslaughter and intends to plead guilty to the charge in about 10 days.

She has no "power" over the rehearsal; she's the armorer, she's supposed to be there according to contracts signed with unions, if guns are used. A lot of armorers might have insisted on being there even for the plastic gun and I'd love to know how many armorers leave ammo and guns lying unsecured on a cart.

Unfortunately, the documents released by LE say something very different to your next to last paragraph. Joel and Halyna weren't even blocking the scene, they were conferring about something else. Only Alec knew he was rehearsing and rehearsed, unexpectedly pulling the gun (perhaps to show it to the guy who was operating the camera, but that guy wasn't sure who Alec was trying to show the gun, IIRC). So there is no "they" who wanted Alec to use a gun right then. He was still practicing his cross draw for the upcoming final scenes (or so it says in the LE documents).

Santa Fe Sheriff's Office Investigation Into "Rust" Shooting | PDF

The Santa Fe Sheriff's Office has released its report into the fatal shooting by Alec Baldwin.

www.scribd.com

It's about halfway through that document, where every single person who was in the church gives a statement, including Joel who says that it was not a scheduled rehearsal, IIRC.

BBM
That is not what the LE released documents say at all.

From your link:

Santa Fe Sheriff's Office Investigation Into "Rust" Shooting | PDF

The Santa Fe Sheriff's Office has released its report into the fatal shooting by Alec Baldwin.

www.scribd.com

Page 299

Joel said he was standing beside (Cinematographer) Halayna Hutchins viewing the camera angle on camera lens. The rehearsal took place inside the church building where Actor Alex Baldwin was sitting on a wooden pew facing south towards the camera and crew. Joel said the rehearsal entailed Actor Alec Baldwin cross drawing his weapon and pointing the revolver towards the camera lens. According to Joel it was his belief the gun being used in the rehearsal was safe and used the term “Cold Gun” when explaining the firearm safety announcements. He said he remembered the phase “Cold Gun’ being said while preparing for the scene.
>>>
Joel stated that they had Alex sitting in a pew in a church building setting and he was practicing a cross draw.




IMO based on LE released document

 

[al66pine]

"How can they single out just one of them [producers]?

The DA has said she's trying to get him both as an actor, and as a producer. But I don't see how that could even be seriously considered by a jury/judge, considering none of the other producers/directors/owners/management/whatever were charged from that perspective. How can they single out just one of them? Yes, he was the unfortunate actor who happened to handle a gun that was supposed to be 'cold', when the armorer herself had instead loaded it with a live round, but if they wanted to charge him as producer/owner/management, then I would think they should have included a few more decision-makers - there was certainly more than one/AB, and/or charged the corporation and its officers/whatever. imo....

snipped for focus @deugirtni
Why charge Alec as a producer & not charge other producers?
Briefly, Alec was there and saw gun safety violations; and the other producers were not (afaik). imo

Not so briefly, Alec was THERE on site, participating in the blocking/practice/rehearsal (whatever term) and saw that a firearm not in a lockbox/gun safe was being handled by ppl other than the armorer who was not there and had not shown Alec the gun & ammo status.

Sooo, Alec saw multiple violations of firearm-safety-on-movie-set rules and did not take corrective action, like ordering a pause until armorer returned & verified gun & ammo status.

The other producers were NOT THERE (afaik), so had no opportunity to observe the safety violations Alec saw, no opportunity to take corrective action to require any of the cast and crew to comply w firearm safety rules.

Altho Alec may not have been officially, contractually designated as having responsibility for firearms safety on set, I can understand the District Atty's filing charges against Alec as a producer and not charging other producers. BTW, I'm not saying his conviction, as either actor or producer, is a lock.
imo

 

[Dotta]

"Troubled low-budget film Rust will resume shooting in the spring with a mix of new and old crew members, including Alec Baldwin as he faces involuntary manslaughter charges over the death of cinematographer Halyna Hutchins.

The movie will be completed along with a documentary about Hutchins' life and work in the film industry. Her widower, Mathew Hutchins, will be an executive producer on both projects."

Alec Baldwin's Rust will resume filming this spring with all cast

Troubled low-budget film Rust will resume shooting in the spring with a mix of new and old crew members, including Alec Baldwin as he faces involuntary manslaughter charges.

www.dailymail.co.uk

 

[shotgun09]

"Troubled low-budget film Rust will resume shooting in the spring with a mix of new and old crew members, including Alec Baldwin as he faces involuntary manslaughter charges over the death of cinematographer Halyna Hutchins.

The movie will be completed along with a documentary about Hutchins' life and work in the film industry. Her widower, Mathew Hutchins, will be an executive producer on both project."

Alec Baldwin's Rust will resume filming this spring with all cast

Troubled low-budget film Rust will resume shooting in the spring with a mix of new and old crew members, including Alec Baldwin as he faces involuntary manslaughter charges.

www.dailymail.co.uk

I wonder who exactly has chosen ( or been asked) NOT to return????

 

[10ofRods]

BBM
That is not what the LE released documents say at all.

From your link:

BBM
That is not what the LE released documents say at all.

From your link:

Santa Fe Sheriff's Office Investigation Into "Rust" Shooting | PDF

The Santa Fe Sheriff's Office has released its report into the fatal shooting by Alec Baldwin.

www.scribd.com

Page 299

Joel said he was standing beside (Cinematographer) Halayna Hutchins viewing the camera angle on camera lens. The rehearsal took place inside the church building where Actor Alex Baldwin was sitting on a wooden pew facing south towards the camera and crew. Joel said the rehearsal entailed Actor Alec Baldwin cross drawing his weapon and pointing the revolver towards the camera lens. According to Joel it was his belief the gun being used in the rehearsal was safe and used the term “Cold Gun” when explaining the firearm safety announcements. He said he remembered the phase “Cold Gun’ being said while preparing for the scene.
>>>
Joel stated that they had Alex sitting in a pew in a church building setting and he was practicing a cross draw.




IMO based on LE released document

Page 299

Joel said he was standing beside (Cinematographer) Halayna Hutchins viewing the camera angle on camera lens. The rehearsal took place inside the church building where Actor Alex Baldwin was sitting on a wooden pew facing south towards the camera and crew. Joel said the rehearsal entailed Actor Alec Baldwin cross drawing his weapon and pointing the revolver towards the camera lens. According to Joel it was his belief the gun being used in the rehearsal was safe and used the term “Cold Gun” when explaining the firearm safety announcements. He said he remembered the phase “Cold Gun’ being said while preparing for the scene.
>>>
Joel stated that they had Alex sitting in a pew in a church building setting and he was practicing a cross draw.




IMO based on LE released document

He wasn't sitting when the shooting occurred, though. Who told him to stand up? The documents say it was an "unscheduled" rehearsal spontaneously begun by Alec.

You're quoting from the officer's statement - I'll try and find the page number for Joel's actual signed statement (which comes later - obviously he went to the hospital, was interviewed briefly there, and then gave an actual account later.

But start on page 144, with the statement of the Key Grip. He says they are blocking a shot (not even rehearsing) and the gun goes off. According to him, Halyna and Joel are squatting near the monitor, discussing something. No one announced "gun on set." The gun goes off, he sees Joel crawling away. Joel does discuss the gun with Halyna but it goes off before anything more can be said by either of them (so, no one told Alec to pull the trigger).

On a side note, since someone asked upthread, there was a medic on set, but she was asked to stand outside - she was supposed to be inside if there was a gun in use, or so she implies in her statement, page 147, She thinks to herself, "No one call fire in the hole."

Then on page 154, we read Joel's later interview. He says they were "setting the frame" for a shot of Alec's gun. He and Halyna were discussing it (this consistent with the other witnesses, about 6-7 people who were in the church and noticed the shot being framed). Framing a shot is not a rehearsal. Rehearsals are usually scheduled and put on the daily calendar. Impromptu rehearsals obviously can happen - and apparently, this turned into such an event. Joel starts to turn away from Halyna, having finished their discussion about the frame, he utters no directions, the next thing he hears is a shot.

On page 155, Joel says that it was his job to "communicate with actors" about "what was happening." Interestingly, he doesn't say his job is to "direct the actors." He explains the protocols for an actual rehearsal. These were not followed. That's why I'm saying it wasn't an actual rehearsal. Here's what Joel says should have happened (p 155 and following):

• Armorer is supposed to be present if a gun is present
• Armorer is supposed to announce what's in the gun and then
• show the Assistant Director what's in the gun
• if there is any gun on set, it must be announced "gun on set" (he didn't hear these words)
• if the gun is supposed to be fired, the AD or the armorer announces "Fire in the Hole" (this didn't happen, so obviously, no one expected Alec to fire the weapon, probably everyone thought it was all dummies)
• if it is a rehearsal, an inoperable gun is supposed to be used. Joel says the gun should have "nothing" in it, for rehearsal (p. 155)
• if blanks are to be fired, the size of the charge of the blanks is to be announced when the gun is handed from person to person
• before lunch, he thinks he remembers hearing someone say "cold gun" but not after lunch
• Joel says he was too busy speaking with Halyna and Reid about the shot and can't recall if the announcement was made
• No mention of Joel (or anyone) telling Alec to pull the trigger, interestingly
• Joel was unable to see Alec Baldwin from where he was crouching/sitting near the monitor
• Joel does not know who brought the gun onto the set
• Joel says he has little experience with firearms on movie sets
• Joel thinks the AD is supposed to examine the gun, after being handed the gun by the armorer, and then hand it back; he has no clue if this happened.
• Joel says they were not ready to film at the time, "nothing was rolling"
• Joel is then asked if Alec was supposed to fire the gun during this scene. He replies, "the rehearsal required Alec to to slowly draw the gun and partially take it out of its holster (note - nothing about him pointing at the camera or at ANYONE ELSE)
• When asked if Alec should have pulled the trigger, Joel says "No, we hadn't gotten that far."

Mamie the script supervisor says there was not a "scheduled rehearsal" that day, so this was an impromptu rehearsal, with a gun, where not one person took charge of whether the gun safety procedures were handled. SInce guns were used quite a bit, some of the witnesses can't remember if they saw Hannah that afternoon (most say they did not).

So Joel says Alec should not have pulled the trigger, even for rehearsal. He was supposed to be seated, says another crew member (and one crew member says that Alec argued about that, wanted to stand up).

Reid Russel, Steady Cam operator, (p 156-157) says that he was the closest person to the camera and to Halyna and Joel when the gun went off. It was an unusual morning because the camera crew threatened to walk off. One camera left with the departing crew members (so reblocking was needed). When Reid entered the church, Baldwin was already in possession of the gun. He never heard any discusison of whether gun was cold or hot (although the rules are supposed to have everyone hear the safety announcement, if they're on set).

Reid says Alec drew the gun from his holster (doesn't mention anyone telling him to do so) and is "too close" to the camera, so they pull back. Reid is watching when Alec puts the gun back in the holster and does a second draw (Joel does not mention this; no one else mentions it; I personally think Joel was not paying attention, as he had gone on to another task).

Reid says there was no video and no audio of the event, as they weren't officially doing takes yet.

There's a bunch of other stuff in the actual statements of the various witnesses/victim *after* the initial police report on the event. But I find this unofficial "rehearsal" in which literally no one told Alec to shoot and Joel says he wasn't even to take the gun completely out of the holster to be documented in the police evidence file. It would appear that some direction was given by someone (and that the scene had a particular structure as indicated in the script - I don't think the script is part of this document). But I bet that if this goes to trial, it will be in evidence to show that Alec was supposed to be seated and not yet doing his cross draw (I've seen the script, but I do not have a link, so that's IMO).

Santa Fe Sheriff's Office Investigation Into "Rust" Shooting | PDF

The Santa Fe Sheriff's Office has released its report into the fatal shooting by Alec Baldwin.

www.scribd.com

Joel seems to say they were *about* to go to the cross draw (which is typically done standing up - and Alec was apparently standing up), but at the time, Joel was wanting Alec to do something else.

Yes, Joel does explain "cold gun" but he says he doesn't remember anyone saying it, as they were supposed to, at the actual rehearsal. Joel says it was supposed to be said, but doesn't remember hearing it (none of the witnesses remember that and most of them don't remember Hannah even being there to say it).

I'll have to check Halls's actual statements, again, to see if he ever claims he said either "hot gun" (which he should have known if he was the one announcing it - he should have checked) or "cold gun." So the director and the AD both permit Alec to have a gun on set, with no one properly checking or calling out the status of the gun.

 

[Betty P]

BBM
That is not what the LE released documents say at all.

From your link:

Santa Fe Sheriff's Office Investigation Into "Rust" Shooting | PDF

The Santa Fe Sheriff's Office has released its report into the fatal shooting by Alec Baldwin.

www.scribd.com

Page 299

Joel said he was standing beside (Cinematographer) Halayna Hutchins viewing the camera angle on camera lens. The rehearsal took place inside the church building where Actor Alex Baldwin was sitting on a wooden pew facing south towards the camera and crew. Joel said the rehearsal entailed Actor Alec Baldwin cross drawing his weapon and pointing the revolver towards the camera lens. According to Joel it was his belief the gun being used in the rehearsal was safe and used the term “Cold Gun” when explaining the firearm safety announcements. He said he remembered the phase “Cold Gun’ being said while preparing for the scene.
>>>
Joel stated that they had Alex sitting in a pew in a church building setting and he was practicing a cross draw.




IMO based on LE released document

It's a good thing much of this incident was on video, audio and still camera. How did the sheriff office investigation get things so wrong?

 

[Betty P]

DBM

This site is janky tonight

 

[Betty P]

DBM

 

[Betty P]

"Troubled low-budget film Rust will resume shooting in the spring with a mix of new and old crew members, including Alec Baldwin as he faces involuntary manslaughter charges over the death of cinematographer Halyna Hutchins.

The movie will be completed along with a documentary about Hutchins' life and work in the film industry. Her widower, Mathew Hutchins, will be an executive producer on both projects."

Alec Baldwin's Rust will resume filming this spring with all cast

Troubled low-budget film Rust will resume shooting in the spring with a mix of new and old crew members, including Alec Baldwin as he faces involuntary manslaughter charges.

www.dailymail.co.uk

It appears the movie won't be filmed in New Mexico, but California instead. After the local government's handling of this tragedy, it seems unlikely many movies will be filmed there in the future. They've been very clear in letting the movie industry know that New Mexico doesn't like them.

 

[10ofRods]

BBM
That is not what the LE released documents say at all.

From your link:

BBM
That is not what the LE released documents say at all.

From your link:

Santa Fe Sheriff's Office Investigation Into "Rust" Shooting | PDF

The Santa Fe Sheriff's Office has released its report into the fatal shooting by Alec Baldwin.

www.scribd.com

Page 299

Joel said he was standing beside (Cinematographer) Halayna Hutchins viewing the camera angle on camera lens. The rehearsal took place inside the church building where Actor Alex Baldwin was sitting on a wooden pew facing south towards the camera and crew. Joel said the rehearsal entailed Actor Alec Baldwin cross drawing his weapon and pointing the revolver towards the camera lens. According to Joel it was his belief the gun being used in the rehearsal was safe and used the term “Cold Gun” when explaining the firearm safety announcements. He said he remembered the phase “Cold Gun’ being said while preparing for the scene.
>>>
Joel stated that they had Alex sitting in a pew in a church building setting and he was practicing a cross draw.




IMO based on LE released document

Page 299

Joel said he was standing beside (Cinematographer) Halayna Hutchins viewing the camera angle on camera lens. The rehearsal took place inside the church building where Actor Alex Baldwin was sitting on a wooden pew facing south towards the camera and crew. Joel said the rehearsal entailed Actor Alec Baldwin cross drawing his weapon and pointing the revolver towards the camera lens. According to Joel it was his belief the gun being used in the rehearsal was safe and used the term “Cold Gun” when explaining the firearm safety announcements. He said he remembered the phase “Cold Gun’ being said while preparing for the scene.
>>>
Joel stated that they had Alex sitting in a pew in a church building setting and he was practicing a cross draw.




IMO based on LE released document

He wasn't sitting when the shooting occurred, though. Who told him to stand up? The documents say it was an "unscheduled" rehearsal spontaneously begun by Alec.

You're quoting from the officer's statement - I'll try and find the page number for Joel's actual signed statement (which comes later - obviously he went to the hospital, was interviewed briefly there, and then gave an actual account later.

But start on page 144, with the statement of the Key Grip. He says they are blocking a shot (not even rehearsing) and the gun goes off. According to him, Halyna and Joel are squatting near the monitor, discussing something. No one announced "gun on set." The gun goes off, he sees Joel crawling away. Joel does discuss the gun with Halyna but it goes off before anything more can be said by either of them (so, no one told Alec to pull the trigger).

On a side note, since someone asked upthread, there was a medic on set, but she was asked to stand outside - she was supposed to be inside if there was a gun in use, or so she implies in her statement, page 147, She thinks to herself, "No one call fire in the hole."

Then on page 154, we read Joel's later interview. He says they were "setting the frame" for a shot of Alec's gun. He and Halyna were discussing it (this consistent with the other witnesses, about 6-7 people who were in the church and noticed the shot being framed). Framing a shot is not a rehearsal. Rehearsals are usually scheduled and put on the daily calendar. Impromptu rehearsals obviously can happen - and apparently, this turned into such an event. Joel starts to turn away from Halyna, having finished their discussion about the frame, he utters no directions, the next thing he hears is a shot.

On page 155, Joel says that it was his job to "communicate with actors" about "what was happening." Interestingly, he doesn't say his job is to "direct the actors." He explains the protocols for an actual rehearsal. These were not followed. That's why I'm saying it wasn't an actual rehearsal. Here's what Joel says should have happened (p 155 and following):

• Armorer is supposed to be present if a gun is present
• Armorer is supposed to announce what's in the gun and then
• show the Assistant Director what's in the gun
• if there is any gun on set, it must be announced "gun on set" (he didn't hear these words)
• if the gun is supposed to be fired, the AD or the armorer announces "Fire in the Hole" (this didn't happen, so obviously, no one expected Alec to fire the weapon, probably everyone thought it was all dummies)
• if it is a rehearsal, an inoperable gun is supposed to be used. Joel says the gun should have "nothing" in it, for rehearsal (p. 155)
• if blanks are to be fired, the size of the charge of the blanks is to be announced when the gun is handed from person to person
• before lunch, he thinks he remembers hearing someone say "cold gun" but not after lunch
• Joel says he was too busy speaking with Halyna and Reid about the shot and can't recall if the announcement was made
• No mention of Joel (or anyone) telling Alec to pull the trigger, interestingly
• Joel was unable to see Alec Baldwin from where he was crouching/sitting near the monitor
• Joel does not know who brought the gun onto the set
• Joel says he has little experience with firearms on movie sets
• Joel thinks the AD is supposed to examine the gun, after being handed the gun by the armorer, and then hand it back; he has no clue if this happened.
• Joel says they were not ready to film at the time, "nothing was rolling"
• Joel is then asked if Alec was supposed to fire the gun during this scene. He replies, "the rehearsal required Alec to to slowly draw the gun and partially take it out of its holster (note - nothing about him pointing at the camera or at ANYONE ELSE)
• When asked if Alec should have pulled the trigger, Joel says "No, we hadn't gotten that far."

Mamie the script supervisor says there was not a "scheduled rehearsal" that day, so this was an impromptu rehearsal, with a gun, where not one person took charge of whether the gun safety procedures were handled. SInce guns were used quite a bit, some of the witnesses can't remember if they saw Hannah that afternoon (most say they did not).

So Joel says Alec should not have pulled the trigger, even for rehearsal. He was supposed to be seated, says another crew member (and one crew member says that Alec argued about that, wanted to stand up).

Reid Russel, Steady Cam operator, (p 156-157) says that he was the closest person to the camera and to Halyna and Joel when the gun went off. It was an unusual morning because the camera crew threatened to walk off. One camera left with the departing crew members (so reblocking was needed). When Reid entered the church, Baldwin was already in possession of the gun. He never heard any discusison of whether gun was cold or hot (although the rules are supposed to have everyone hear the safety announcement, if they're on set).

Reid says Alec drew the gun from his holster (doesn't mention anyone telling him to do so) and is "too close" to the camera, so they pull back. Reid is watching when Alec puts the gun back in the holster and does a second draw (Joel does not mention this; no one else mentions it; I personally think Joel was not paying attention, as he had gone on to another task).

Reid says there was no video and no audio of the event, as they weren't officially doing takes yet.

There's a bunch of other stuff in the actual statements of the various witnesses/victim *after* the initial police report on the event. But I find this unofficial "rehearsal" in which literally no one told Alec to shoot and Joel says he wasn't even to take the gun completely out of the holster to be documented in the police evidence file. It would appear that some direction was given by someone (and that the scene had a particular structure as indicated in the script - I don't think the script is part of this document). But I bet that if this goes to trial, it will be in evidence to show that Alec was supposed to be seated and not yet doing his cross draw (I've seen the script, but I do not have a link, so that's IMO).

Santa Fe Sheriff's Office Investigation Into "Rust" Shooting | PDF

The Santa Fe Sheriff's Office has released its report into the fatal shooting by Alec Baldwin.

www.scribd.com

Joel seems to say they were *about* to go to the cross draw (which is typically done standing up - and Alec was apparently standing up), but at the time, Joel was wanting Alec to do something else.

Yes, Joel does explain "cold gun" but he says he doesn't remember anyone saying it, as they were supposed to, at the actual rehearsal. Joel says it was supposed to be said, but doesn't remember hearing it (none of the witnesses remember that and most of them don't remember Hannah even being there to say it).

I'll have to check Halls's actual statements, again, to see if he ever claims he said either "hot gun" (which he should have known if he was the one announcing it - he should have checked) or "cold gun." So the director and the AD both permit Alec to have a gun on set, with no one properly checking or calling out the status of the gun.


The statements in pages 140-165 are riveting, as they mention many other acts of negligence on the set, including too many people up on a roof for it to be safe, two other guns "popping off," and so on. After those pages, there are statements from people who left the set as much as 2 weeks earlier, due to safety concerns. etc


There's a lot more of interest in the document.