quote:

Originally posted by Gustofer:
Animal Mother is right.

What did he say?

Look up four posts.

If transferring responsibility to others is the order of the day then why not transfer it all the way up to the boss?…..which is Alec.

quote:

Originally posted by MikeinNC:
What did he say?

Adam Baldwin's opinions generally coincide with those posted in this thread. Here's a quick thumbnail:

1. The ultimate responsibility should rest upon the final individual handling the firearm.

2. The law doesn't afford special consideration to actors on film sets.

3. This appears to be a clear case of involuntary manslaughter under NM law.

4. He questions why is it taking so long for charges to be filed.

He was actually rather well spoken.

This suit is pretty much a good thing because it opens up discovery for both sides and the spin machine that Baldwin uses doesn't work in discovery.

And Baldwin will be deposed and of course, it will be a video depo so all the nuances, facial expressions and other insightful and entertaining things will be shown.

Discovery is a good thing and always has been. You often get more mileage from things learned in discovery than other stages of the case.

The other potential result of Baldwin's suit is that if he is successful in demonstrating that the people he hired were incompetent, it surely demonstrates that the producers failed to do their jobs. Baldwin should have been much more aware of safety rules and procedures, and he should have hired professionals who where competent. I don't think a win will help him at all and could possibly hurt him wrt the criminal charges.

quote:

Originally posted by lastmanstanding:

quote:

Originally posted by parabellum:
I think the lawsuit in question is bullshit. In this case, though, I'm all for it. Baldwin has been begging for a trainload of karma for decades, and now, it has arrived, all at once.

He pointed the revolver and he pulled the trigger. If he hadn't pointed a gun at people, no one would have been shot, loaded gun or no. This is on you, Alec.

Not so sure it's a bullshit suit. The lady was standing right next to Hutchins nearly in the line of Baldwin's fire. Seen the lady get a hole opened up in her chest so there is some emotional ongoing stress involved.

That wouldn't fly in Texas, as you can't get emotional damages unless you were also physically harmed, and in some other limited circumstances. If the bystander were a family member, maybe. Apparently, the claim can go forward in California.

This message has been edited. Last edited by: jhe888,

quote:

Originally posted by Gustofer:
Look up four posts.

Yeah, I didn’t get that you were talking about the actor who played a machine gunner from Full Metal Jacket…

And we had/have a member who uses Animalmother as his name.

I got it now, thanks hjs

/drift

JHE was that part of a tort reform? I thought, traditionally, you could get emotional damages for acts you witnessed. (Which makes sense. Seeing someone shot in front of you, especially a friend, will cause some effect.)

quote:

Originally posted by Aglifter:
JHE was that part of a tort reform? I thought, traditionally, you could get emotional damages for acts you witnessed. (Which makes sense. Seeing someone shot in front of you, especially a friend, will cause some effect.)

No, it has always been the rule. You have to be physically harmed to get soft damages, in most circumstances. And economic only damages don't get you there either. For example, a breach of contract that only costs you money doesn't make eligible to receive soft damages.

This message has been edited. Last edited by: jhe888,

NM Santa Fe Sheriffs Office releases their report:

Sheriffs Report LINK


Sheriff's office releases 'Rust' shooting report, including texts from Alec Baldwin

The Santa Fe County Sheriff's Office has released its report into the fatal shooting on the set of Alec Baldwin's film "Rust," which reveals text messages the actor sent in the days and weeks after the incident.

The 550-page report follows a yearlong investigation into the shooting on the New Mexico set of the Western. The film's cinematographer, 42-year-old Halyna Hutchins, was killed by Baldwin, who was pointing a Colt .45 revolver at her when it fired. Director Joel Souza was also injured.
Among the findings are text messages from Baldwin's phone, which was turned over to investigators in January after a search warrant for the device was issued.
Two days after the shooting, Baldwin started messaging Matt Hutchins, the husband of Halyna Hutchins, sending sporadic texts over the next few weeks, according to the report. On Dec. 2, Baldwin message that both he and Halyna Hutchins "believed the gun was empty," according to the report.

On Dec. 10, Baldwin messaged him about a potential "sabotage angle," the report stated.
"Important for you to keep in mind: The Santa Fe Sheriff's office may lack both the skill and the will to properly investigate the sabotage angle," Baldwin messaged him, according to the report. "I'm told their agenda is to write off as an accident and throw it to the civil courts. And yet, the more that is presented to me about certain anomalies on that day, the more open minded I become. I dismiss the sabotage claim initially. But not know. I hope these NM have the sense to follow it through."
When Matt Hutchins asked who told him about this "agenda," Baldwin advised that multiple attorneys told him, according to the report.

Baldwin started a text chain with an investigator in the case on Nov. 8, 2021, asking if the film's armorer or assistant director ever instructed anyone to self-inspect the weapons, saying he was never instructed to perform self-checks, according to the report. Two days later, he asked if there was a possibility he will be charged, according to the report.
Baldwin has previously said he doesn't believe he will face any criminal charges in the accident.
"I've been told by people who are in the know, in terms of even inside the state, that it's highly unlikely that I would be charged with anything criminally," he told ABC News' George Stephanopoulos in an interview late last year.

Two days after the shooting, Baldwin also messaged his assistant and advised, "I have to delete my archive," according to the report, which noted, "There is no further details on the meaning of this message."
Baldwin was "referring to his Twitter archive, which he has long considered deleting," according to his attorney, Luke Nikas of Quinn Emanuel.
Baldwin "fully cooperated with the investigation and turned over his phone with all records, including all records from the day of the incident, to the Suffolk County Police," Nikas said in a statement to ABC News.
After reviewing the records, police then "turned them over directly to the Santa Fe County Sheriff, unless the records reflected privileged communications or were irrelevant to the Rust movie," Nikas said. "He fully preserved all records related to Rust and turned them over to the authorities nearly a year ago."
The report's release comes three weeks after the sheriff's office turned it over to the local district attorney, who will decide whether to press criminal charges against anyone involved in the shooting.
The district attorney's office said at the time that it will conduct a "thorough review of the information and evidence to make a thoughtful, timely decision about whether to bring charges."
Charges have yet to be announced.
In the weeks and months following the October 2021 shooting, questions have persisted as to how live ammunition made it onto the New Mexico set and into the prop gun and whether proper safety precautions were taken by crew members.
Several lawsuits have been filed in connection with the incident, most recently by Baldwin. In a lawsuit filed last week, the actor alleged negligence of several of the film's crew members while seeking to "clear his name."

Baldwin's cross-complaint followed a lawsuit filed last year by the film's script supervisor, Mamie Mitchell. The civil suit accused Baldwin of "playing Russian roulette" with the revolver.

Last month, the family of Hutchins reached a settlement in its wrongful death lawsuit against the producers of the film, including Baldwin. In a statement about the agreement, it was announced Hutchins' husband will take over as executive producer and the film will restart production next year with Baldwin and Souza still attached.
.

This message has been edited. Last edited by: OKCGene,

By the end of the month the DA should announce if charges will be filed

https://www.koat.com/article/s...ie-shooting/42479449

Santa Fe County D.A. expected to announce if charges will be pursued in "Rust" case



SANTA FE, N.M. —
The Santa Fe County District Attorney's Office has confirmed with KOAT in an email that an announcement will be made by the end of January about whether charges will be pursued in the “Rust” case.

“It's been a long time. Everyone, not only in New Mexico, but around the country, is going to be interested to see what this district attorney does,” said KOAT legal expert John Day.

In the past, Alec Baldwin, the actor who shot and killed cinematographer Halyna Hutchins on the set, has said he does not believe any charges would be filed against him.

“I've been told by people in the know, even people inside the state, that its highly unlikely I’d be charged with anything criminally,” Baldwin said in an interview with ABC News.

But Santa Fe County District Attorney Mary Carmack-Altwies later said no one was off the hook, and criminal charges would be pursued if they needed to be.

“If the circumstances warrant it, absolutely. We will do our best to get justice for Halyna Hutchins and Joel Sousa,” said Carmack-Altwies said in an interview with ABC News.

KOAT Legal Expert John Day explained what charges could look like should the office announce any by the end of January.

“I say charges, in this case, could range from misdemeanor negligent use of a firearm all the way up to involuntary manslaughter charges and charges associated with that,” Day said.

Should there be no charges announced for anyone, Day said it would be a shock.

“If there is absolutely no one charged in this accidental shooting, that would certainly send a message. And whether that's the right message or not, that remains to be seen,” Day said.

It's unclear what day of this month the announcement will come.

As long as this has been drawn out.
I gotta wonder if this would have happened under other circumstance
With " normal" people

Instead of " royalty"

If
Someone in the victims family would have taken matters in too their own hands and said
Eff this shit.

And taken the shooter out on their own.

But instead
It appears that from day 12,

The 20 people that are involved all agreed that
Hey!
Everyone involved (Victims, felon, insurance companies, L.E. , studios, lawyers, you name it ) might very make money on this deal.

After the disaster of the OJ trial, I would rather the DA take their time to get their case right. Even if somehow this becomes a misdemeanor charge instead of a felony, Baldwin will has the resources to pull together Legal Dream Team 2.0 to fight them. While the average Joe doesn't have the ability to fight a criminal charge without an over worked/underpaid public defender, Alec has that ability.

Yeah, a 'normal' person would have been charged, tried, and sentenced or cleared by now.

Under the circumstances, I think I prefer it this way. The longer this drags on, the longer aric barrin has to suffer and worry. I can't imagine having something like this hanging over my head, knowing it could result in prison time.

This way, even IF he is cleared, the stress he has been under is a punishment of its own kind.

Like the basketball player in the gulag - she has been freed, like I always knew she would. But the trauma and suffering she endured is the gift that will keep on giving.

So, no matter what happens to arec, he will always have this lonnnngggg period of fear and dread. I would much prefer to get something like this over and done with. Anticipation, worry, and fear are often worse than the punishment.

The charge: Involuntary Manslaughter

Link?

quote:

Originally posted by TMats:
The charge: Involuntary Manslaughter

Link?

Likely it's taking longer because the State of NM and the DA wants to be absolutely sure that he/she has an airtight case. Baldwin and company have the money to fight, they don't want an OJ outcome making the State look incompetent and Baldwin walking.

Alec Baldwin charged with involuntary manslaughter in fatal 'Rust' shooting: district attorney

https://www.foxnews.com/entert...ng-district-attorney

The armorer was also charged. Involuntary Manslaughter.

Balzé Halzé, it's your call, but this development is probably worthy of a subject line update.

Excerpt from the article below:

quote:

Contrary to widespread online gossip, investigators found no evidence that other crew members were taking the prop weapons on Rust and loading them with real bullets for target practice on the desert set.

I had assumed that the live rounds were ordered at the same time and included with the Rust order for blanks and dummy rounds for set use, thinking the crew planned on target shooting. But, if the crew wasn't planning on target shooting off set, then they wouldn't need live ammo.

[Note: File photos and multiple hyperlinks found at linked website article.]

======================

Alec Baldwin Will Be Charged With Involuntary Manslaughter in Rust Shooting

The movie’s prop armorer faces the same charges. The assistant director, responsible for on-set safety, pleads guilty to negligent use of a deadly weapon.

BY ANTHONY BREZNICAN

JANUARY 19, 2023

Alec Baldwin and prop armorer Hannah Gutierrez Reed will both be charged with two counts of involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins on the set of the Western drama Rust. After a more than year-long investigation into the October 21 incident, Santa Fe County district attorney Mary Carmack-Altwies announced the charges Thursday.

The 42-year-old Hutchins died after a gun Baldwin was holding for a rehearsal fired a live round of ammunition into her chest, passing through and striking writer-director Joel Souza in the shoulder. The movie’s assistant director, Dave Halls, who was cited in sheriff's reports as the person who handed the weapon to Baldwin and announced to the crew it was a “cold gun,” signed a plea bargain with the DA for the charge of negligent use of a deadly weapon, accepting a suspended sentence and six months of probation.

The DA appointed special prosecutor Andrea Reeb to oversee the case. “If any one of these three people—Alec Baldwin, Hannah Gutierrez Reed or David Halls—had done their job, Halyna Hutchins would be alive today. It’s that simple,” Reeb said in a statement. “The evidence clearly shows a pattern of criminal disregard for safety on the ‘Rust’ film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously.”

No charges will be filed for the wounding of Souza. District attorney spokesperson Heather Brewer explained that there is no statute in New Mexico for unintentional battery, unless the shooting leads to death.

Vanity Fair reached out to lawyers for both Baldwin and Gutierrez Reed for comment. Baldwin has previously said he trusted that the crew members responsible for the props would not hand him a weapon loaded with a live round of ammunition, and Guitierrez Reed's attorney has said she was working under distracting and stressful conditions while preparing the gun.

In addition to the bullet that killed Hutchins, investigators found five additional live rounds of ammunition mingled among the movie's props and costumes. Two loose .45 bullets were discovered on top of a prop cart, a third was in a bandolier worn by actor Jensen Ackles, a fourth was in a gun belt worn by Baldwin, and a fifth was found in a box of dummy ammunition with Gutierrez Reed's fingerprints on it. (Dummy rounds are fake bullets that look real, but are completely inert and have no gunpowder in them.)

Contrary to widespread online gossip, investigators found no evidence that other crew members were taking the prop weapons on Rust and loading them with real bullets for target practice on the desert set.


The charges against all three individuals reflect how Hutchins' death appears to be the result of numerous mistakes and failures during the production, an event cascade chronicled in V.F.'s previous report "How the Gun in Alec Baldwin's Hands Turned the Rust Set Deadly."


Two Competing Charges

Baldwin and Gutierrez Reed will each face two charges of involuntary manslaughter because the jury will be asked to choose between the two counts.

According to the district attorney’s announcement: “The first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.

“The other charge is involuntary manslaughter in the commission of a lawful act,” the statement continues. “This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5,000 fine. This charge includes a firearm enhancement, or added mandatory penalty because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail.”

“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said in a statement. “We are committed to upholding the integrity of that process to ensure equal justice
under the law.”

Charges will be formally filed with New Mexico’s First Judicial District Court before the end of the month, according to Carmack-Altwies. The defendants will be sent a summons and “required to make a ‘first appearance,’ a procedure that is often referred to in other jurisdictions as an arraignment,” the statement said. That may happen virtually, or the defendants could waive the appearance.

From there, a preliminary hearing will be held, most likely in the next two months, in which the prosecution presents the case to a judge, who will then rule on whether a trial should move forward.

Last April, New Mexico’s workplace safety division fined the producers the maximum amount for unsafe handling of firearms.

In October, Baldwin announced that he and the other producers of Rust had reached a settlement agreement with Hutchins' family, with her husband, Matt, joining the unfinished project as an executive producer. The Hutchins family lawyers recently declined to comment on the state of that settlement. Although Baldwin had said he hoped to resume filming as soon as this month, that has not yet happened.