Alec Baldwin Rust Movie Shooting
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From the AP . . .

Saying he wants to clear his name, Alec Baldwin on Friday sued people involved in handling and supplying the loaded gun that he was using when it fired, killing cinematographer Halyna Hutchins during a 2021 filming accident in New Mexico.

Baldwin filed a cross-complaint in Superior Court in Los Angeles alleging negligence against some of the people sued by a script supervisor, Mamie Mitchell. Among other things, it seeks a share of any damages that Mitchell may win from the people Baldwin names and asks that they pay for any damages assessed against him.

Mitchell was standing behind Hutchins, who died shortly after being wounded during setup for a scene in the western movie “Rust” at a film set ranch on the outskirts of Santa Fe on Oct. 21, 2021.

Mitchell sued Baldwin, who was a producer on the film, the production company and many others involved for assault and negligence.

In his cross-complaint, Baldwin says that while working on camera angles with Hutchins during rehearsal for a scene, he pointed the gun in her direction and pulled back and released the hammer of the gun, which discharged.

The shot fatally wounded Hutchins and wounded director Joel Souza in the shoulder.

The actor said neither he nor Hutchins knew the weapon contained a live round.

“This tragedy occurred on a movie set — not a gun range, not a battlefield, not a location where even a remote possibility should exist that a gun would contain live ammunition,” the lawsuit said.

Baldwin has maintained he was told the gun was safe and that he did not pull the trigger. But a recent FBI forensic report found the weapon could not have fired unless the trigger was pulled.

“More than anyone else on that set, Baldwin has been wrongfully viewed as the perpetrator of this tragedy. By these cross-claims, Baldwin seeks to clear his name,” the actor’s lawsuit says.

Baldwin’s cross-complaint says he has lost opportunities and been fired from jobs because of the shooting and also “has suffered physically and emotionally from the grief caused by these events.”

New Mexico’s Office of the Medical Investigator determined the shooting was an accident. However, prosecutors are reviewing the shooting to determine whether criminal charges should be filed.

In April, New Mexico’s Occupational Health and Safety Bureau imposed the maximum fine of $137,000 against Rust Movie Productions and distributed a scathing narrative of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on set prior to the fatal shooting.

The company is challenging the fine.

Baldwin’s lawsuit alleges negligence by armorer Hannah Guttierez-Reed; prop master Sarah Zachry; first assistant director and safety coordinator David Halls, who handed Baldwin the gun; ammunition supplier Seth Kenney and his company, PDQ Arm & Prop, which also supplied prop weapons for the production.

All have previously denied responsibility for the fatal shooting.

In October, Hutchins’ family announced they had agreed to settle another lawsuit against the actor and the movie’s producers, and producers said they aimed to restart the project in January.

A lawyer for Ms. Gutierrez-Reed, Jason Bowles said he was reviewing Baldwin’s lawsuit. Attorneys for other defendants did not immediately respond to requests for comment, the New York Times reported.

A phone message left by The Associated Press seeking comment from Bowles wasn’t immediately returned Friday night.

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96 COMMENTS

  1. this is a stupid lawsuit. no matter who did what before he got the gun he is the one that pulled the trigger and had the final responsibility to make sure the gun was not loaded with live ammo.

    • Probably part of a strategy to minimize the amount of money he has to pay out.

      Ultimate responsibility goes to AB (the triggerman and the executive producer) but there are a lot of other people who failed to do their due diligence too.

      If he can pin let’s say 5% of the blame here and 10% of the blame there, he could possibly save himself millions—even if he himself still takes the majority of the blame.

      All this has to deal with the civil liability side, criminal is a whole different story.

      • All the pathetic lowlife baldwin has to do now is run for president. After all Nov. 8 proved the bigger democRat you are the bigger the chances are you will be s-elected.

      • Publius wrote in part:
        “but there are a lot of other people who failed to do their due diligence too.”

        While he didn’t do due diligence, he should have found nothing had he checked the gun and when he pulled the trigger. Baldwin appears to be the only one who will face charges in court. But a whole chain of people also failed. Each one could have fully prevented the shooting by doing due diligence. This is a situation where every single one in the chain is 100% guilty. So I hope he succeeds in his lawsuit, though that may be small satisfaction to Baldwin if he goes to jail.

    • Sorry to try to explain the real world to you, but ACTORS in movies are not supposed to check the guns — in fact they are not ALLOWED to check the guns. That is what the armorer is hired to take care of (among other things). Actors are neither required nor expected to know how to check a gun and anything the actor does to the gun to check it would be ‘tampering’ with the properly prepared gun.

      The so-called “Four Rules” are written to address completely different conditions from a TV or movie set or stage play. There are a much more detailed set of rules for how guns are handled in a tv/movie/stage production.

      Baldwin’s lawsuit is 100% correct about each of the failures that he listed. Each of those people violated rules they were supposed to know and follow. They are each responsible. Like it or not, ACTOR Alec Baldwin’s only mistake was in accepting the gun from the Assistant Director without the Armorer present to check it.

      BUT there is one person on the crew that Baldwin didn’t name in his lawsuit who has even more responsibility than all the people he did name. That would be the Producer. The producer has overall responsibility for the entire production. It is the Producer who hired the incompetent armorer (and the assistant director). It is the Producer who failed to require safety protocols be followed. It is the Producer who allowed the cast and crew to mess with the guns.

      The individual who is MOST RESPONSIBLE in this tragedy is THE PRODUCER.

      By the way, the name of the Producer for that movie is Alec Baldwin.

      • Normally the actor & producer would be trying to point the finger of blame at each other, but that doesn’t work in this instance, because they’re both AB. He’s basically screwed, even if he doesn’t go to jail (and he still might). Nowhere near the statute of limitations yet here, so the prosecutor’s office might use the inevitable lawsuits to inform any criminal prosecution(s). Or vice versa. Could be interesting. The fat lady hasn’t even begun to warm up yet, let alone started singing.

        Still, there were others involved who unfotunatelly did contribute to this whole fiasco. Not primarily responsible, no, but there’s plenty of blame to go around (and it will). AB is basically making sure they go down with him, at this point.

      • You explained, ACTORS in movies are not supposed to check the guns, in fact they are not ALLOWED to check the guns.
        ~Prove this, which you did not do. YOU ARE WRONG, I could not disagree with you more. The ONLY one responsible is the ACTOR, no one else is responsible!! The ACTOR is 100% responsible, no one else is responsible!!

    • I’ve said this before: If you think this guy is going down over this in Santa Fe County you’re crazy or more brain damaged than PA’s new Senator.

      The vast majority of the people in Santa Fe County will be drawn from Santa Fe itself because it’s the population center. People from “The City Different”/”The San Francisco of the High Desert” will not vote to convict this guy. He’s “one of them”.

      At absolute best the DA will spend millions and get a probation sentence. Realistically, this is, itself, a pipe dream because they won’t get a conviction.

      The fact that this is even going to court is about the prosecutor’s need to be “tough on crime” to advance to state-wide office. It’s not about the dead, wounded or justice.

      • Well it wouldn’t be the first time if a liberal jury let off a member of the “selected” population. The mostly white liberal jury in San Francisco refused to convict a dark-skinned illegal immigrant, who murdered a white woman. And he had been using his gun to shoot at sea lions and seals the day before. So the animal lovers let him off because he didn’t kill, a selected member of their population.

        So it’s certainly possible a liberal jury in Santa Fe New Mexico would refuse to convict him. Because that white victim was not a member of that “select group of special people”.

        • It has nothing to do with race and a third to half the jury in Santa Fe would be hispanic.

          They’re ultra liberal. He’s ultra liberal. He mouths the right platitudes and supports the right causes. Case closed.

          This is a city where about a decade ago there was serious outrage and protesting because a woman shot a home intruder who was actively trying to rape her. He died and his DNA linked him to nearly 40 other rapes in the area. She got crucified for putting a 9mm in his chest and she was forced to move out of the city.

          But at the same time you can firebomb a Hyundi dealership and there’s basically no investigation because an SUV named “Santa Fe” must be the work of Nazis or something.

          The same people “defunded the police” more than a decade ago, crime went through the roof and they then blamed the cops.

          When junkies take over the Plaza the cops just ask them to move a block over and sit behind a wall because of tourist photos. OD’s skyrocket and this is seen as “restorative justice”.

          Santa Feans are fucking nuts. I thought a lot of my classmates my senior year were crazy, then I realized they were tame compared to their parents.

          The Santa Fe New Mexican is the local paper. The op-ed section is something you can read online for free and without a signup. Go see how batshit these people are.

  2. ALWAYS TREAT EVERY WEAPON AS IF IT IS LOADED. Anyone who has used the same model of revolver knows damn good and well his finger was at MINIMUM resting on the trigger when he let the hammer fall, all it takes is a touch in those circumstances.

    • “including testimony that production managers took limited or no action to address two misfires of blank ammunition on set prior to the fatal shooting“

      What was the root cause of these “misfires”?

      Were they using 5-in-1 blanks on the set?

      “5-in-1 Brass Blank Ammunition with Smoke (For use in Real Guns) Box of 50
      5-in-1 cartridges are designed to fit 45, 44-40, 410, 44 Special and 44 Magnum

      This versatile cartridge was designed for use in the movies. Because actors carried a variety of different guns, it became a logistical nightmare to find ammo to fit each and every caliber. The solution was the 5-in-1 cartridge. These rounds can chamber in a .45, .44-40, .410, .44 Special and .44 Magnum and work best in lever action rifles“

      https://www.westernstageprops.com/5-in-1-Brass-Blank-Ammunition-p/sa13b.htm

      • There were no ‘misfires’.

        A firearm misfire occurs when the firing pin or striker fails to detonate the primer or the primer fails to ignite the propellant charge in the cartridge. This is also known as ‘failure to fire’.

        The gun fired each time.

        The root cause of the gun firing each time was FSOT, or Finger Squeezing On Trigger. For this particular gun to fire the hammer has to be cocked and the trigger pulled. That takes a deliberate act to place the gun in a condition where it can be fired.

        In the various pics and pieces of information seen so far, and that of Baldwins own words and showing what happened on a talk show interview – he had cocked the hammer and his finger was on and put rear ward pressure on the trigger (he pulled the trigger). That’s what he was ‘practicing’ at the time, cocking the hammer and pulling the trigger. On a talk show interview he demonstrated what happened, in his demonstration (without a gun in his hand) his finger is in the familiar crook as it would be on the trigger.

        there as no ‘misfire’. He may not have intended to harm anyone, but he cocked the gun and pulled the trigger and there was no misfire.

        • “For this particular gun to fire the hammer has to be cocked and the trigger pulled”

          It can also be fired by holding back the trigger and then pulling back the hammer and releasing it. This may be why he thinks he didn’t pull the trigger, or he’s just blatantly lying.

        • holding the trigger back then cocking and releasing the hammer is the same thing for firing condition, just a different sequence. Its still pulling the trigger.

  3. I’d agree if he were “just” an actor, but he’s a producer suing his hirelings for working under the conditions he created.

  4. So, the Executive Producer for the movie hired incompetent people to work on the set?

    🤔

    Wait a minute…….Alec Baldwin WAS the Executive Producer for the movie.

    Funny how this always circles back to him, now isn’t it.

    Also……….
    I find it odd how TTAG posted this story a few hours ago with a named writer, I responded, then it disappeared for a few hours.
    The story was then eventually re-released as a “TTAG Contributor” story.

    Seems like a TTAG “set-up” story to bash anyone who dissents on AB defense strategy. I expect to see a lot of ‘disposable’ usernames in this comment section shortly.

    Makes me seriously question the authenticity of the 2nd ‘T’ in TTAG. 🤔

    • me and another commenter came on list at 07:07, iirc.
      my comment, which i can’t remember, was clever and hi- larry ass.
      naturally it has been removed.

  5. I just hear, “I violated basic, fundamental gun safety rules and killed one person and wounded another, but it’s not my fault.”

  6. What I find hard to believe, is that the guy wants continue the production. Definition of a narcissist. He should stop production. Will any of you watch it?

    • I would just to see Alex’s gunm handling skills.
      Hes gotta be better then Johnny Ringo on Tombstone.
      And when a cowboy gets shot out of the saddle he really gets shot out of the saddle.

    • No. No interest in this movie pre- or post-accident (which is really an ND–so take the ‘accident’ moniker with a grain of salt).

  7. If everyone that handles the gun is responsible, what is the job of the armorer. If they aren’t responsible, why hire them?

    I take people shooting for the first time and would never trust them to handle any weapon safely with minimal experience actually handling a gun.

    The idea that people that know nothing about guns are going to be responsible when handling firearms is fucking stupid. Trusting Baldwin or any other actor with no real firearm experience is a recipe for disaster.

  8. I fail to understand why movie and television productions refuse to use true prop guns that are modified with a constriction in the barrel that will NOT pass a projectile. Such a modification is needed to adapt semiautomatic and fully automatic firearms to cycle firing blanc ammunition. There is no reason why a revolver should not be modified in a similar manner.

    • Elmer Fudd,

      Movie and television productions refuse to use true prop guns because that would require some extra time and cost. It is exceedingly important to violate safety protocols and pinch pennies when your net worth is in the tens/hundreds of millions of dollars.

    • It was an actual Italian-made Pietta Long Colt .45 revolver. Its a Colt 1880’s type firearm, single action.

      These types of ‘prop’ guns are used when the budget is tight so blanks are to be used instead. The reason for this is that effects have to be added for real prop guns to get the firing effect you see in the movie, these are added after the scene is shot and its very expensive. Rust is a lower budget movie, they didn’t want to pay for CGI effects.

        • Blank adapters aren’t needed in revolvers because the action is cycled purely by hand (certain rare models excepted).

          Could you put a barrel obstruction in a revolver? Probably, sure. But see the point about saving money.

        • Movie Budgets: Tens to hundreds of millions

          Liability Insurance: High hundred thousands – millions

          Gunsmithing Fee: Low Hundreds

          Reusing a Prop Gun: Zero difference from reusing a real one

        • Umm: I know, false economy. But people do this sort of thing all the time. I’ve seen engineers do things like redesign a hundred-thousand-dollar part to use a $3 bolt instead of a $10 bolt, by introducing design changes that cost a lot more than $7. But those changes aren’t reflected in the cost of the “other hardware” budget, so, it makes their bosses happy.

  9. Baldwin was in charge of the set and everyone on that set.

    Baldwins statements show he is not a leader, a leader in charge of things accepts responsibility for everything that occurs, a true leader accepts responsibility for the bad and elevated subordinates for the good.

    Baldwin was in charge, but he is no leader.

  10. He can sue all he wants, it will not change a damn thing, he’s the utmost ding-a-ling, the outcome is his downswing….Baldwin will not come out with any type of win-win!

  11. Whatever the cause/effect/blame – Alex Baldwin is a twinkle-toed communist douche bag. Like Liam Neesom and so many others, he makes his money from gun oriented movies while bitching about citizens being allowed to own firearms.

  12. STILL DOES NOT BRING HER BACK TO LIFE … PRAYERS ALL AROUND …
    SHOULD HAVE NEVER USED A GUN UNLESS HAD BLOCK CROSS AT END OF BARREL ,WHATEVER , REAL AMMO ON SET , ?? WHY ,, LACK OF SAFTY , TRAGEDY ALL AROUND ..

  13. Trying to lay off some or all of the responsibility for the injuries and seeking contribution from them is a sound legal strategy. Any good defense counsel would do the same. it won’t take Baldwin off the hook, but other parties may have to pony up some money.

    Our view is that the hand that holds the gun is responsible for what happens. Good for us. Personal responsibility is important. But tort law recognizes that failure can have many contributors, and some of them in this case may end up paying their fair share to the victim.

  14. Democrat Lies (Part 1):

    “I did not pull that trigger”

    “I did not have sex with that woman”

    “50.1% equals a Mandate from The People”

    “We have nukes and will use them”

    …the list goes on ad infinitum.

    • If only the Republican party didn’t have a lengthy history of bone-headed mistakes. From not banning the party of treasonous slave owners in 1865 to allowing the DCCC and Senate Majority PACs to push crazies in the recent Republican primaries which resulted in blue butts in legislative seats.

      On the bright side we already know that AB was the problem on the set. There was no problem with the gun that would have resulted in it firing without a trigger pull.

  15. Alec Baldwin is 100% at fault. He had the FINAL RESPONSIBILITY to ensure the weapon that he was NOT POINTING IN A SAFE DIRECTION was SAFE PERIOD!

    His anti-gun stupid ass failed to do that. I’m a private pilot in both rotor-craft and fixed wing. As a pilot, I have the final responsibility to ensure the flight can be made safely. I’m required to check the weather, should check NOTAMs, conditions of all destinations and alternates, that the airworthiness status and a visual preflight inspection of the craft is performed and so on. If the crafts fuel tank was inadvertently filled with diesel instead of 100LL avgas and I crash, while the line person who put the wrong fuel in the plane is an idiot, it was the PILOTS responsibility to check the tanks, drain fuel, examine it, smell it and make damned sure the fuel is correct. We actually had a fatal plane crash where that happened here https://www.spokesman.com/stories/2015/mar/11/preliminary-report-confirms-wrong-fuel-spokane-pla/ While mistakes occur, the PILOT failed to ensure the fuel was correct and he didn’t do that and he paid the consequences and died.

    Alec Baldwin had the final responsibility to make DAMN sure the weapon he held and PULLED the trigger on was safe to do so and he didn’t do that. He can try to deflect and share the blame all he wants but just like a pilot, he had the FINAL RESPONSIBILITY.

    • The NTSB report on the responsibility for the recent event in Dallas will be interesting to read. Air show choreography will be of particular interest, I suspect…. 🙁

  16. Lots of issues here, if Baldwin had hired the incompetent armorer that handed the live weapon to him, if it was a third party that handed him the weapon, and most importantly, if he was aware of workers that had walked off the set over lax safety.
    This thing has the potential to be peeling the layers of an onion to arrive at the truth.

  17. “producers said they aimed to restart the project in January”

    This should prove interesting, Deadeye Baldwin rides again!

  18. This was probably a test of Biden’s new concept of 8 bullets per round. But Baldwin got it mixed up and used one bullet to hit two people.

    • He allegedly settled and brought the husband of the deceased into the Production Team.
      Why on Earth would that guy want to work with AB on this film is an interesting question. Perhaps it opens the door for future Production work and name in lights opportunities? But a lot of this hinges on the supposition that this film is eventually successful, right? I wouldn’t bet on those odds…even for the morbid notoriety associated with it. Sure, *some* will go see it. But I think most will stay away.

  19. There were two previous accidental discharges on that set. How did Baldwin think..“This tragedy occurred on a movie set — not a gun range, not a battlefield, not a location where even a remote possibility should exist that a gun would contain live ammunition,” the lawsuit said. Obviously the gun rule , treat all guns as if they were loaded, would more than apply.

  20. The rich, criminal or law-abiding, can afford very good lawyers. Who can use expensive resources to try and deflect blame away from their Rich client.

    In order to convict a very rich Criminal, the government must go to Extraordinary Measures, spend large amounts of resources, in order to ensure a conviction of a rich murderer.

      • You are reminding me of the jury’s in the South who refused to convict a white person for murdering a black person. That comparison of a jury in Santa Fe New Mexico might be unpopular. Or maybe not.

        Skin color and politics and have always mixed.

        • Not everyone in Santa Fe is white. Yes, it attracts a fair number of ‘artists’ and wealthy, part-time CA residents–but there’s still a mix of locals in and around the area.

        • to Julio
          Do the dark skinned residents of Santa Fe think like white San Francisco liberals??? If they do then I expect the same results as what happened in San Francisco.

        • @Chris: They probably like their money. That may be about it. They’ll tolerate the rich guests, but ultimately want to be left alone. NM is a very poor state—and Santa Fe is pretty expensive due to the same ‘guests’ that own vacation homes, etc.

        • The city is 55% hispanic but the census says 88% white.

          No fuckin’ way that census claim is true. I finished high school in Santa Fe, worked there for a while and my parents still live there.

          Easily half the people in my high school were hispanic and definitely not “white” and we were the biggest school there. The second biggest was even heavier on hispanics.

          Racial tension in the city, really, isn’t a thing.

          This is about ideology and nothing else.

        • Hispanic is an ethnicity, not a race, at least per the fed’s definitions. Most Hispanics would classify themselves as white versus African American (may or may not be black), Asian or Pacific Islander.

          You can be white and Hispanic, blank and Hispanic, Asian and Hispanic, etc.

          Not claiming it makes sense all the time, but that’s census and population data for you.

    • @Chris—I tried to amend my reply, but lost what I was trying to type. It’s a rural area, but in the city will likely have similar perspectives on issues. Some will likely align with CA politics (possibly minus the gun control). NM is an odd duck, but my knowledge of the area is a bit dated. They’re not monolithic or automatons—each have their own beliefs, values, etc.

  21. No matter how much Baldwin denies responsibility for the murder of the cinematographer in the movie production, the responsibility is still NIS, no one else’s. Anyone who has ever handled a gun knows that you ALWAYS check to make sure the gun is unloaded. That is the first responsibility.

    • Absolutely, checking to see if the rounds are dummies takes but a few seconds. You don’t need to be an expert to do that.

  22. Ultimately, nothing will happen to Baldwin over this. Not even an asterisk next to his name 20 years from now.

    If you’re a movie star, Santa Fe is probably in the top five best places in the country for you to commit a crime. Hell, it might be #2 outside of LA.

  23. Please Folks, the Dipstikrats have overcome many truths in this election cycle. NOW is the time to capitalize on one of their most Useful Idiot’s mistakes…remember…They will “NEVER let an Emergency/Tragedy/Mass Killing go to waste”.
    Do as THEY DO. NEVER cease talking about it. Make it part of our lexicon (our go-to phrases to explain things). Make Safety Videos that allude to it or even replay the tragedy (there’s some bad taste).
    I remember a televised commercial showing a wheelchair-bound person being pushed off the deck of a ship into the open ocean. The pusher, a man in a suit, obviously the R candidate. A narrator was bemoaning how the Republican was going to attack Grandpa or Grandma’s Social Security, pension or whatever. It was filthy, dirty pool, and IT WORKED! Leftards rule most of Television, Radio, Newspapers and Magazines. But they Don’t rule US!
    If you write a letter to an editor, or a book, refer to this. Treat this series of failures as a teaching tool. Change your vocabulary to embrace it. May this lesson never die!

    • Taste is a luxury of the rich and of winners. It’s remarkably rare in “commoners”.

      This is something the Democrats understand extremely well and which Conservatives are shockingly ignorant of.

  24. We live in 2022 reality now.

    He clearly can’t be hold responsible for cocking a single action revolver and pulling the trigger while aiming it at a human being. That is clearly can’t be his fault. He is a democrat and therefore it is the fault of someone else.

    …any intelligent person should, by now, clearly understand and know this.

  25. What a fktard moron POS. I have more respect for my cats turdbox! Looks better too!

  26. Every time this tale is told it changes. Balwin was not now, apparenly. engaged in a film scene and should no therefore have aimed a gun, whether he believed it loaded or not, at anybody But he does also have a point in that a loaded weapon should not have been on set anyway. But the unbroken rule of weapon handling is that when handed a gun you ALWAYS check it SAFE.

    • I must reiterate my position on this:
      This simple Life-Saving rule was crafted before Auto-Loading/Self-Loading weapons took over the scene. It would prosper us to graduate to “First, COMPLETELY UNLOAD IT” instead of “Check It Safe”. “Checking” the chamber (respects to Red’s comment on Press Checking) could inadvertently chamber a fresh round. Especially if done by a new, inexperienced shooter. Two of my semi-auto rifles have non-removable “blind” magazines and are particularly prone to this failure to render them “safe”. So would be any weapon that has not had the magazine removed.

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