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

[Chelly]

Here's the amount she was paid for the armourer/props dual role...

"The Rust script was a very 'gun heavy' western script, with guns needed on 10 of the 12 film days leading up to October 21, and gunfire on at least half of the shooting days," the lawsuit says. "This gun heavy script required Hannah to perform a significant amount of work each day as both an armorer and key props assistant."

Gutierrez-Reed was paid a total of $7,500 to perform both jobs, according to the lawsuit.

Alec Baldwin ignored 'Rust' armorer's request to attend 'cross draw training' just days before the shooting, lawsuit says

The "Rust" armorer, Hannah Gutierrez-Reed, has sued the film's ammo supplier, alleging the company mixed live ammunition and dummy rounds.

www.insider.com

Very, very low budget film. You get what you pay for.
moo

 

[PrairieWind]

Here's the amount she was paid for the armourer/props dual role...

"The Rust script was a very 'gun heavy' western script, with guns needed on 10 of the 12 film days leading up to October 21, and gunfire on at least half of the shooting days," the lawsuit says. "This gun heavy script required Hannah to perform a significant amount of work each day as both an armorer and key props assistant."

Gutierrez-Reed was paid a total of $7,500 to perform both jobs, according to the lawsuit.

Alec Baldwin ignored 'Rust' armorer's request to attend 'cross draw training' just days before the shooting, lawsuit says

The "Rust" armorer, Hannah Gutierrez-Reed, has sued the film's ammo supplier, alleging the company mixed live ammunition and dummy rounds.

www.insider.com

Oh my goodness!

 

[steeltowngirl]

(2018 article, so somewhat outdated)

An Armorer handles all the weapons on a film, TV, or stage production. This can range from edge weapons to firearms from any period. “Our company supplies the weapons, as well as a licensed Armorer with lots of experience,” says Mike Tristano, a veteran Master Armorer who has worked all around the world.

[…]

The average annual salary for an Armorer is approximately $48,600. The salary range for an Armorer runs from $12,000 to $88,000.

“When starting out as an Intern or Apprentice, an individual probably won’t get paid at all. It’s free labor to break into the business,” says Tristano. “Becoming a licensed Armorer varies state to state but can be quite expensive, as well. The amount of money depends on the show.”

“Generally, because there are so few Armorers, and having one on set is a requirement for weapons being present, they can dictate their pay. It usually correlates to different budgets and union tiers, but the overall wage fluctuates from $200 per day to $500 per eight or ten-hour day.”

How to Become an Armorer/Weapons Master on Film Sets

An Armorer supervises the use of all weapons on a film set and provides instruction for the Actors on how to properly and safely use them.

www.careersinfilm.com

 

[10ofRods]

I watched it and don't see him aiming the gun at anyone, unless there are people standing out of camera range. The news reporter said the voice sounds like HGR is the person filming the rehearsal on a cell phone camera. If she's the one filming this, she can answer questions about what type of blanks were being used. Well, she can testify somewhat accurately. It's obvious she wasn't always aware of the kind of ammo being used considering several live rounds were found among her supplies.

Also of note, there's a gag order on this case. Who released this video to the news media? Will the judge or prosecutor take some action? It's just the kind of prejudicial, low information leak that could result in a mistrial for both defendants. I thought prosecutors in this case were smarter than this. JMO

Yeah, we don't know for sure that he was aiming at anyone (although it keeps getting said that he did). However, he does barrel sweep the area - meaning that nearly anyone standing out in front of the church could have been in the line of fire. Fortunately, those were blanks. But we hear no one giving directions or starting and stopping each "scene" of this - it's impromptu, IMO. And that's not allowed. It's not safe.

The video was likely released by crew members - who are not under the gag order. Only the courts, lawyers and parties to the case are under the gag order. Every other person (about 200 people worked on Rust) still has freedom of speech to do as they wish, IMO.

I don't think for a minute that this was released by the prosecution. BTW, I haven't see the gag order - is the link somewhere on this thread?

Also, there are civil cases going on and the lawyers in those cases are not bound by the gag order and those plaintiffs are entitled to use the regular PR mechanisms in place in law firms for their cases. A judge in NM cannot order all people in the US with video (perhaps sent to them by crew members at the time) to be quiet.

IMO.

If HGR is there, then that's great for Alec's side (shows some attempt to follow the rules - perhaps even a full attempt). But I don't think a mistrial can be declared due to some non-party exercising freedom of speech. If HGR filmed this and sent it to her dad, her dad can do as he pleases with it, IMO. And HGR said in a podcast that she did consult from time to time with her dad, including about how he handled live ammo on set (he said "no live ammo on set!" IIRC). IMO. Podcast is Voices of the American West.

A lot of crew members (HGR and DH included) put stuff up on twitter, but did take it down (or Twitter was asked to take it down).

 

[PrairieWind]

Yeah, we don't know for sure that he was aiming at anyone (although it keeps getting said that he did). However, he does barrel sweep the area - meaning that nearly anyone standing out in front of the church could have been in the line of fire. Fortunately, those were blanks. But we hear no one giving directions or starting and stopping each "scene" of this - it's impromptu, IMO. And that's not allowed. It's not safe.

The video was likely released by crew members - who are not under the gag order. Only the courts, lawyers and parties to the case are under the gag order. Every other person (about 200 people worked on Rust) still has freedom of speech to do as they wish, IMO.

I don't think for a minute that this was released by the prosecution. BTW, I haven't see the gag order - is the link somewhere on this thread?

Also, there are civil cases going on and the lawyers in those cases are not bound by the gag order and those plaintiffs are entitled to use the regular PR mechanisms in place in law firms for their cases. A judge in NM cannot order all people in the US with video (perhaps sent to them by crew members at the time) to be quiet.

IMO.

If HGR is there, then that's great for Alec's side (shows some attempt to follow the rules - perhaps even a full attempt). But I don't think a mistrial can be declared due to some non-party exercising freedom of speech. If HGR filmed this and sent it to her dad, her dad can do as he pleases with it, IMO. And HGR said in a podcast that she did consult from time to time with her dad, including about how he handled live ammo on set (he said "no live ammo on set!" IIRC). IMO. Podcast is Voices of the American West.

A lot of crew members (HGR and DH included) put stuff up on twitter, but did take it down (or Twitter was asked to take it down).

How do you make a movie without "barrel sweeping" areas? I don't understand. And why would it be "not allowed" to do this rehearsal? We see a couple of clips of video that we have no idea the context of. Maybe its bad, maybe its fine. But I don't see anything that allows us to make that judgment.

 

[steeltowngirl]

Click here to find documents and more information about these cases:​

State v. Alexander Rae Baldwin
State v. Hannah Gutierrez
State v. David Halls

The plea conference in State v. David Halls on March 29 will be conducted virtually rather than in person at the Santa Fe County Courthouse. The parties will log into an online platform for the plea conference, which is set for 10 a.m. The defendant and his attorney will not be physically present at the courthouse. The plea conference will be live streamed to the New Mexico Courts YouTube channel. Click here to view the motion filed today by Mr. Halls for a virtual appearance at the plea hearing and the district court judge’s order approving it. The case is D-101-CR-2023-00041.

A status conference in State v. Alexander Rae Baldwin and State v. Hannah Gutierrez has been scheduled for March 8 at 10 a.m. This hearing will be conducted virtually and will be live streamed to the New Mexico Courts YouTube channel. At the status conference, the court and the parties are expected to discuss scheduling of future hearings.

First District Court | The Judicial Branch of New Mexico

firstdistrictcourt.nmcourts.gov

 

[CooperDyl]

*deleted*

 

[10ofRods]

How do you make a movie without "barrel sweeping" areas? I don't understand. And why would it be "not allowed" to do this rehearsal? We see a couple of clips of video that we have no idea the context of. Maybe its bad, maybe its fine. But I don't see anything that allows us to make that judgment.

You don't put blanks in guns used for scenes like the one we're seeing.

However, if such a shot is needed, there are a series of precautions outlined in SAG and also the crew members various unions.

Camera must be remotely operating (it cannot be a hand held camera). I don't know of a camera that is used to make a modern film that cannot be operated remotely.

Most times that a gun looks as if it is pointed at people (the camera operator in particular), it actually isn't (there are very long lenses; and thick plexiglass barriers).

The camera itself must be behind plexiglass. The camera operator can be near the camera, but must be in a plexiglass booth. This is why it's not usually done at a mere rehearsal.

Everyone on the crew has to wear eye and ear protection (with blanks; none of this has to be done with an inoperable gun - of which they had two on set - or with dummies). Alec wasn't even rehearsing realistic recoil - so I'm not sure what the intention here was. But the same rules apply about there having to be an AD/Safety Person in charge; an armorer.

Given the quality of these shots, I find it hard to believe they were filmed on the main camera - but maybe. The height of the camera makes me think it's handheld, and that it's a phone. But we don't know for sure.

More often, these days, the white puff of smoke and the sound of the gun are provided in post-production. The sound on that shot (of the bullet zinging by) was pretty good - but not good enough to be in most movies. It's rather obvious to my gun-oriented friends (to whom I sent the video of course) that it's a blank (and it costs like $30 to stick in a purchased gun shot that matches the gun). People here were convince it sounded like a blank. The white puff of smoke is a standard digital special effect as well. They could have done this whole movie without real guns, IMO.

Maybe it was just dusty or hazy. But if this is what they thought was needed (two different guns used - why? the script gives the long guns to the bad guys and the revolver to Harlan Rust). Where was the director? The script supervisor? Was there a safety meeting right before this? Since the video exists, those will be great questions to ask witnesses and at trial.

On the day Halyna died, the script did not call for Alec to fire the weapon (he's supposed to go after the bad guys and the battle is outside the church - for what to me are obvious cinematic reasons).

In the scene where Harland Rust exits the church, the bad guys are still inside - wounded and dying, and he has to move rapidly (backwards, through the door) to get to freedom. The bad guys are still shooting (with their long guns). Harland would have needed to reload before shooting - as he just shot his ammo at the bad guys to save his grandson.

The full script is available online, but not at site approved here. But there's this article summarizing that final scene:

This ‘Rust’ scene led to the fatal shooting of cinematographer Halyna Hutchins

A portion of the script obtained by The Times depicts the violent "Rust" scene that left cinematographer Halyna Hutchins dead.

www.latimes.com

I don't see how stopping and shooting at...who? Are we supposed to "enemy eye view?" The bad guys aren't outside the church - they are inside! And why is he using a rifle? Is he wanting to rewrite the script so that he actually stands over a bad guy (who might still have ammo) to take his gun once he's dead?? That is definitely not in the script and I saw this scene is not in the script either. IMO.

IMO.

 

[PrairieWind]

scripts get changed on the fly all the time. Perhaps they were exploring how some changes would look with the gun fight spilling out into the street. But regardless I don't see relevance to the charges.

 

[Betty P]

scripts get changed on the fly all the time. Perhaps they were exploring how some changes would look with the gun fight spilling out into the street. But regardless I don't see relevance to the charges.

Just curious, but don't some states have exceptions in law for use of weapons as props in "theatrical performances"? The idea is that regulation of weapons in those cases is more a workplace/safety issue as opposed to use of a gun in criminal activity or with malicious intent?

Has anyone in a theatrical production ever faced criminal charges for a workplace accident with a gun or other weapon? Just curious. I'm not finding any.

States mostly defer to union guidance for on-set gun safety

The film industry and its unions provide guidelines on how to deal safely with prop guns on movie sets.

apnews.com

 

[deugirtni]

Just because the copy media published may be taken on a cellphone doesn't mean it was being filmed via cellphone. Often people will pull out their cellphones while a pro might be taking pro photos or footage?

 

[steeltowngirl]

Just curious, but don't some states have exceptions in law for use of weapons as props in "theatrical performances"? The idea is that regulation of weapons in those cases is more a workplace/safety issue as opposed to use of a gun in criminal activity or with malicious intent?

Has anyone in a theatrical production ever faced criminal charges for a workplace accident with a gun or other weapon? Just curious. I'm not finding any.

States mostly defer to union guidance for on-set gun safety

The film industry and its unions provide guidelines on how to deal safely with prop guns on movie sets.

apnews.com

I’ve been searching for the answer to your question, too. I thought charges had been filed in the Brandon Lee case, but they were not. The DA’s comments as to why charges were not filed are interesting. The article indicates that the New Mexico DA was aggressive.

Jerry Spivey, the former district attorney in Wilmington, North Carolina where "The Crow" was filmed, conducted an investigation and decided not to file criminal charges in the case.

The New York Times reported that Spivey had considered filing charges against the production company, but not the individuals involved in filming.

"There is no evidence pointing to the kind of negligence the criminal law seeks to punish," the district attorney said in 1993. "The kind of negligence the law seeks to punish is the kind described as willful and wanton. You just can't find that."

How the 'Rust' shooting and the criminal charges against Alec Baldwin compare to the 1993 'The Crow' shooting

Alec Baldwin's charges were announced Thursday and the news prompted some people to compare the 2021 tragedy to another fatal on-set shooting.

www.insider.com

 

[al66pine]

dbm

 

[al66pine]

"Theatrical Exceptions"? Workplace Issue, or Crim Manner?

Just curious, but don't some states have exceptions in law for use of weapons as props in "theatrical performances"? The idea is that regulation of weapons in those cases is more a workplace/safety issue as opposed to use of a gun in criminal activity or with malicious intent? ....

snipped for focus @BettyP Not sure I'm following the gist of the above post.

Do some states laws have an "exception?" For what?
To exempt persons using guns in "theatrical performances" from crim prosecution after causing personal injuries or deaths, because at the time of causing them, the person was on stage or a movie/TV set or location, etc?
So a prosecutor could not lawfully prosecute a person on stage or on a movie/TV set or location? No crim charges could be filed?
Doubting that's what the ^ post meant, but IDK how else to interpret it.

Speaking gen'ly now, not to theater/movie/TV industry specifically.
In the US until approx'ly 100 yrs ago, there was (virtually) no regulatory agency* w authority to issue rules and regulations re workplace safety, or to conduct inspections at worksites to help ensure worker/employee safety on the job, or to impose penalties or assess fines against an employer who caused unsafe conditions on a job site, or who allowed employees to create unsafe working conditions for other employees.

Since then, w OSHA or other gov't agency's having authority to impose penalties/assess fines against employers, is it possible that a prosecutor reviewing firearm events in a workplace may determine the person's use did not rise to the level of "deliberate or wanton r" or "reckless/gross negligence" warranting crim prosecution for the injuries or deaths? IDK.

If I misunderstood the post altogether, I apologize, as I should be sleeping, not posting.

________________________________
See OSHA Wiki entry, re Dept. of Labor & OSHA.
BTW, neither fed. OSHA nor similar state OSHA statutes cover all employers and all employees.

 

[Betty P]

"Theatrical Exceptions"? Workplace Issue, or Crim Manner?
snipped for focus @BettyP Not sure I'm following the gist of the above post.

Do some states laws have an "exception?" For what?
To exempt persons using guns in "theatrical performances" from crim prosecution after causing personal injuries or deaths, because at the time of causing them, the person was on stage or a movie/TV set or location, etc?
So a prosecutor could not lawfully prosecute a person on stage or on a movie/TV set or location? No crim charges could be filed?
Doubting that's what the ^ post meant, but IDK how else to interpret it.

Speaking gen'ly now, not to theater/movie/TV industry specifically.
In the US until approx'ly 100 yrs ago, there was (virtually) no regulatory agency* w authority to issue rules and regulations re workplace safety, or to conduct inspections at worksites to help ensure worker/employee safety on the job, or to impose penalties or assess fines against an employer who caused unsafe conditions on a job site, or who allowed employees to create unsafe working conditions for other employees.

Since then, w OSHA or other gov't agency's having authority to impose penalties/assess fines against employers, is it possible that a prosecutor reviewing firearm events in a workplace may determine the person's use did not rise to the level of "deliberate or wanton r" or "reckless/gross negligence" warranting crim prosecution for the injuries or deaths? IDK.

If I misunderstood the post altogether, I apologize, as I should be sleeping, not posting.

________________________________
See OSHA Wiki entry, re Dept. of Labor & OSHA.
BTW, neither fed. OSHA nor similar state OSHA statutes cover all employers and all employees.

Thanks, yes you misunderstood my post. Let’s just leave it at that. JMO this isn’t a good forum for trying to have this discussion. No offense intended.

 

[steeltowngirl]

Search for similar cases continues…
Not a US case, and a dolly is not exactly a weapon…. but here is a case where charges were filed for the death of a pigeon!

Film producer and director Michael Bay is accused of killing a pigeon while shooting a film in Italy in 2018.

As The Wrap reports, the bird's death occurred on the set of Bay's Netflix film 6 Underground. Allegedly a homing pigeon was killed by a dolly while filming a scene in Rome. An unnamed person on set that day is said to have photographed the incident. Bay denied it happened. "I am a well-known animal lover and major animal activist," he stated. "No animal involved in the production was injured or harmed. Or on any other production I've worked on in the past 30 years."

Michael Bay Faces Criminal Charges for Allegedly Killing a Pigeon on Set

Italian authorities hold Michael Bay responsible for the death of a pigeon while filming action movie 6 Underground, although Bay denies the charges.

www.cbr.com

 

[steeltowngirl]

Yay. Now my search can narrow down to the last 36 years.

Twilight Zone co-director John Landis (Blues Brothers, Trading Places, National Lampoon’s Animal House) and four other men working on the film, including the special-effects coordinator and the helicopter pilot, were charged with involuntary manslaughter. According to a 1987 New York Times report, it was the first time a film director faced criminal charges for events that occurred while making a movie. During the subsequent trial, the defense maintained the crash was an accident that could not have been predicted while the prosecution claimed Landis and his crew had been reckless and violated laws regarding child actors, including regulations about their working conditions and hours. Following the emotional 10-month trial, a jury acquitted all five defendants in 1987. The familes of the three victims filed lawsuits against Landis, Warner Brothers and Twilight Zone co-director and producer Steven Spielberg that were settled for undisclosed amounts.

https://www.history.com/this-day-in-history/actor-and-two-children-killed-on-twilight-zone-set

 

[al66pine]

"Theatrical Exceptions"? Workplace Issue, or Crim Matter?

Thanks, yes you misunderstood my post. Let’s just leave it at that. JMO this isn’t a good forum for trying to have this discussion. No offense intended.

@BettyP Thanks for your response.
Largely agreeing w new post: this thread may not be best place to discuss broad issues.

 

[al66pine]

Fun Western Theatrical Reenactment "that involves the crowd and always ends in gunfire!" *
One time, the wrong kind of gunfire and waaay too much audience involvement.

....
Has anyone in a theatrical production ever faced criminal charges for a workplace accident with a gun or other weapon? Just curious. I'm not finding any.

States mostly defer to union guidance for on-set gun safety

The film industry and its unions provide guidelines on how to deal safely with prop guns on movie sets.

apnews.com

snipped for focus @BettyP Here's one, July 29, 2016 in Cody, WY. from a street theater production of 'historic Wild West reenactments.'

A local 51 y/o man in the show wounded three people (one in the legs, one in the chest, one in the arm) by firing live rounds instead of blanks during a Wyoming gunfighter show. He was charged with "five misdemeanor counts of reckless endangerment."
Shooter said: "live rounds got mixed up with his blanks"**

I did not locate any updates, but bet someone here could, w info at second footnote.

Also iirc, in another state, at a street theater 'historic reenactment,' when a (re-en) actor shot a person (an actor or audience member? IDK) he explained he had been handed the "WRONG GUN." I had no luck chasing that one down.
_______________________________
* One of the below, or similar, iiuc.
Wild Bunch Gunfighters Show. "See history come to life on summer nights as the Cody Gunfighters reenact a shootout in front of the historic Irma Hotel..."
Wild Bunch Gunfighters Show - Cody Yellowstone
Western re-enactments that involve the crowd in "the
street in front of Buffalo Bill’s Historic Irma Hotel... shows all end in a blaze of gunfire!"

Cody Gunfight – Cody Trolley Tours

codytrolleytours.com

** The man arrested was 51-year-old Steve Winsor, of Cody
(Park County),WY; five misdemeanor counts of reckless endangerment; jailed Tuesday on $7,500 bond.
Arrest made in live-round shootings at popular gunfighter show in Cody, Wyo.,
February 16, 2017, Associated Press.

 

[steeltowngirl]

Fun Western Theatrical Reenactment "that involves the crowd and always ends in gunfire!" *
One time, the wrong kind of gunfire and waaay too much audience involvement.


snipped for focus @BettyP Here's one, July 29, 2016 in Cody, WY. from a street theater production of 'historic Wild West reenactments.'

A local 51 y/o man in the show wounded three people (one in the legs, one in the chest, one in the arm) by firing live rounds instead of blanks during a Wyoming gunfighter show. He was charged with "five misdemeanor counts of reckless endangerment."
Shooter said: "live rounds got mixed up with his blanks"**

I did not locate any updates, but bet someone here could, w info at second footnote.

Also iirc, in another state, at a street theater 'historic reenactment,' when a (re-en) actor shot a person (an actor or audience member? IDK) he explained he had been handed the "WRONG GUN." I had no luck chasing that one down.
_______________________________
* One of the below, or similar, iiuc.
Wild Bunch Gunfighters Show. "See history come to life on summer nights as the Cody Gunfighters reenact a shootout in front of the historic Irma Hotel..."
Wild Bunch Gunfighters Show - Cody Yellowstone
Western re-enactments that involve the crowd in "the
street in front of Buffalo Bill’s Historic Irma Hotel... shows all end in a blaze of gunfire!"

Cody Gunfight – Cody Trolley Tours

codytrolleytours.com

** The man arrested was 51-year-old Steve Winsor, of Cody
(Park County),WY; five misdemeanor counts of reckless endangerment; jailed Tuesday on $7,500 bond.
Arrest made in live-round shootings at popular gunfighter show in Cody, Wyo.,
February 16, 2017, Associated Press.

That’s some good sleuthing @al66pine!