Rust film set shooting: Alec Baldwin was ‘talking on phone’ during gun training, prosecutor claims
Hollywood actor Alec Baldwin has been formally charged in New Mexico with involuntary manslaughter over the fatal shooting of a cinematographer on the set of the western film Rust.
Baldwin has vowed to fight the two counts against him, with his lawyer calling the case a “terrible miscarriage of justice”.
A live round killed Halyna Hutchins, 42, after a prop gun held by the 64-year-old star was discharged during rehearsals for the movie in October 2021.
The charges – which could see Baldwin sent to jail for up to five years – would require prosecutors to convince a jury that Baldwin was not just negligent but reckless in his use of a firearm.
Hannah Gutierrez-Reed was the armourer on the set of Rust. File pic: Shutterstock
Hannah Gutierrez-Reed, who was responsible for weapons on the Rust set, has also been charged with two counts of involuntary manslaughter.
Legal experts have said prosecutors will struggle to win convictions without proof Baldwin and Gutierrez-Reed knew live ammunition was present but took no precautions.
In a statement of probable cause of Hutchins’s death, the Santa Fe District Attorney listed several problems with Baldwin’s conduct.
They said:
- Baldwin was not present for required firearms training
- After failing to show up to this training, he received a 30-minute on-set training during which he was distracted talking to his family on the phone
- He exhibited “reckless behaviour” in the lead up to Hutchins’s death
- He had pointed the firearm at Hutchins in the lead up to the incident violating gun safety rules
- Baldwin had not performed the required safety checks with Gutierrez-Reed
- He broke protocol by letting Gutierrez-Reed leave the church set
- He did not deal with safety complaints on set
- He did not use a replica firearm for the unscheduled rehearsal
- He allowed the hiring of Gutierrez-Reed, who had worked on just one production before the movie, which showed he “failed to demand the minimum safety standards, protocols, and requirements on set”
The District Attorney also said that on the day of the shooting, there were “no less than a dozen acts, or omissions of recklessness” on the set before the incident, not including the actor’s handling of the gun.
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“Baldwin’s deviation from known standards, practice and protocol directly caused the fatal death of Hutchins,” the District Attorney said.
Both Baldwin and Gutierrez-Reed will be required to appear in court – in person or virtually – within 30 days.
The District Attorney and special prosecutor will then present their case to the judge, who will rule whether there is probable cause to move forward with a trial.
Hutchins’s family welcomed the charges when they were announced earlier in January, saying Baldwin showed “conscious disregard for human life”.
Rust assistant director Dave Halls is facing negligent use of a deadly weapon charges. He has pleaded no contest and has entered into a plea agreement that is pending approval.
Pic: Dave Halls/Twitter
Industry-wide firearms safety guidelines instruct actors to assume a firearm is loaded with blanks and rely on professional weapons handlers to ensure a weapon is safe.
Actors are told to only point a weapon at a person under the guidance of firearms professionals. Live ammunition is strictly forbidden on sets.
Gutierrez-Reed said she checked the rounds she loaded in the revolver were dummies before handing it to Halls.
Baldwin pictured in New York as the charges were due to formally be filed
Halls handed it to Baldwin, telling him it was a “cold gun” or unloaded, according to police.
Gutierrez-Reed’s lawyer, Jason Bowles, said: “Hannah pleaded to provide more firearms training. She was denied and brushed aside.”
He added: “We will fight these charges and expect that a jury will find Hannah not guilty.”
Read more: Alec Baldwin remains defiant and even bullish
The decision on charges was made about three months after prosecutors received the final report on the shooting from the Santa Fe sheriff’s office, following a lengthy investigation also involving the FBI.
The sheriff’s office investigation has yet to reveal how live ammunition got onto the set.
Cinematographer Halyna Hutchins was killed in a shooting on the set of the western film Rust. Pic: Swen Studios/ Reuters
Baldwin and the Rust production company reached a civil settlement for an undisclosed amount with Hutchins’s family in October and announced that production of the film would resume this year. After the criminal charges were announced, the film’s lawyer confirmed Baldwin would remain in the lead role in the film.
Hutchins’s husband Matt will also remain executive producer – and Joel Souza, who was injured in the shooting, is returning as director.
US
Donald Trump says Vladimir Putin wants to meet – and that he and Barack Obama ‘probably’ like each other
Donald Trump says a meeting is being set up between himself and Vladimir Putin – and that he and Barack Obama “probably” like each other.
Republican US president-elect Mr Trump spoke to reporters at his Mar-a-Lago resort in Florida on Thursday, saying Russian president Mr Putin “wants to meet, and we are setting it up”.
“He has said that even publicly and we have to get that war over with. That’s a bloody mess,” Mr Trump said.
Kremlin spokesperson Dmitry Peskov said on Friday there was a “mutual desire” to set up a meeting – but added no details had been confirmed yet and that there may be progress once Mr Trump is inaugurated on 20 January.
“Moscow has repeatedly declared its openness to contacts with international leaders, including the US president, including Donald Trump,” Mr Peskov added.
“What is required is a mutual desire and political will to conduct dialogue and resolve existing problems through dialogue. We see that Mr Trump also declares his readiness to resolve problems through dialogue. We welcome this. There are still no specifics, we proceed from the mutual readiness for the meeting.”
Donald Trump and Vladimir Putin in July 2017. Pic: AP
Trump on Obama: ‘We just got along’
Mr Trump also made some lighter remarks regarding a viral exchange between himself and former Democrat President Barack Obama at Jimmy Carter’s funeral on Thursday.
The pair sat together for the late president’s service in Washington DC on Thursday, and could be seen speaking for several minutes as the remaining mourners filed in before it began.
Mr Obama was seen nodding as his successor spoke before breaking into a grin.
Asked about the exchange, Mr Trump said: “I didn’t realise how friendly it looked.
“I said, ‘boy, they look like two people that like each other’. And we probably do.
“We have a little different philosophies, right? But we probably do. I don’t know. We just got along. But I got along with just about everybody.”
The amicable exchange comes after years of criticising each other in the public eye; it was Mr Trump who spread the so-called “birther” conspiracy theory about Mr Obama in 2011, falsely asserting that he was not born in the United States.
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Insults continued for years, with Mr Obama famously dedicating much of his final White House Correspondents’ Dinner speech in 2016 to jokes at his political rival’s expense.
Mr Trump has repeatedly attacked the Obamas, saying the former president was “ineffective” and “terrible” and calling former first lady Michelle Obama “nasty” as recently as October last year.
On Kamala Harris’s campaign trail last year, Mr Obama said Mr Trump was a “78-year-old billionaire who has not stopped whining about his problems since he rode down his golden escalator nine years ago”, while the former first lady said that “the consequences of him ever being president again are brutally serious.”
“He was asleep in his bed, where he still is right now, as I wait on the coroner.”
The haunting words of Kimiko Nickerson stopped us in our tracks.
Her father Rodney, 82, was sure the fire wouldn’t reach his home in Altadena. He was wrong.
The inferno cut through this quiet suburb north of Los Angeles at an alarming rate, its path unpredictable.
California wildfires latest – new evacuation order issued
She said: “He just didn’t want to evacuate. He’s been living here since 1968, and he’s been in Altadena my whole life.
“Like all of us on this block, in four blocks, he didn’t think it was going to be this devastating.
“It jumped whole streets, and it hit this community, but it didn’t touch the mountainside at all.”
They’re still trying to process the apocalyptic scenes here and grieving for those who did not get out.
Kimiko said: “I have no words to explain my feelings at this point in time.
“I’m just silent and numb and just mentally trying to go through the process.”
Rodney Nickerson decided not to leave his Altadena home.
Pic: Kimiko Nickerson
‘Truly apocalyptic scenes’ as flames swallow homes in LA wildfires evacuation zone
It would be impossible to exaggerate the scale of the destruction, cars burnt to a cinder, palm trees still alight, powerlines strewn across roads.
So many people have lost the roof over their head but there’s one thing Kimiko says she’ll never lose – her memories.
“Every laugh, every joke he told.
“He was a smart man. He read the LA Times from cover to cover and walked around the Rose Bowl every day.
“He was healthy, he was ambitious… but he went to sleep and died in his bed back there.”
The US Supreme Court has rejected a last-ditch attempt by Donald Trump to delay sentencing in the Stormy Daniels hush money case.
The president-elect was convicted on 34 counts last May in New York of falsifying business records relating to payments made to Ms Daniels before the 2016 presidential election.
Prosecutors claimed he had paid her $130,000 (£105,300) in hush money to not reveal details of what Ms Daniels said was a sexual relationship in 2006.
Mr Trump has denied any liaison with Ms Daniels or any wrongdoing.
By a majority, the Supreme Court found his sentencing would not be an insurmountable burden during the presidential transition since the presiding judge, Juan M Merchan, has indicated he will not give Mr Trump jail time, fines or probation.
Mr Trump’s attorneys argued that evidence used in the Manhattan trial violated last summer’s Supreme Court ruling giving Mr Trump broad immunity from prosecution over acts he took as president.
At the least, they said, the sentencing should be delayed while their appeals play out to avoid distracting Mr Trump during the presidential transition.
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Stormy Daniels. Pic: AP
Mr Trump’s attorneys went to the justices after New York courts refused to postpone sentencing.
Judges in New York found that the convictions related to personal matters rather than Mr Trump’s official acts as president.
Mr Trump’s attorneys called the case politically motivated, and they said sentencing him now would be a “grave injustice” that threatens to disrupt the presidential transition as the Republican prepares to return to the White House.
Mr Trump has said he will appeal again: “I respect the court’s opinion – I think it was actually a very good opinion for us because you saw what they said, but they invited the appeal and the appeal is on the bigger issue. So, we’ll see how it works out,” he said at a dinner with Republican governors at his private club in Florida.
Because the New York case was a state, rather than federal crime, Mr Trump will not be able to pardon himself when he takes office on 20 January.
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