Alec Baldwin Will Be Charged With Involuntary Manslaughter in ‘Rust’ Killing

[Arizona_928]

Originally Posted by Baz

Found an article from back in November of 2021 that provides information about how the live rounds may have found their way onto the set.....and then into the firearm......

https://variety.com/2021/film/news/rust-investigators-live-rounds-alec-baldwin-1235122384/

Included in the article is this little nugget.....

And this:

DH should be up schitts creek.

Who else had keys to the firepower? Who else could have slipped in a bullet to whack the poor girl and make it look like an accident....

I don't think it is the armorers fault due to her not on set and handing out the revolver...

[KFC911]

Originally Posted by Arizona_928

....

I don't think it is the armorers fault due to her not on set and handing out the revolver...

Then the firearm should not have even been on the set imo..... that WAS her responsibility and job. Was she simply incompetent, coerced, intimidated, etc. ... I dunno, but she failed.... along with a few others.

[craigster59]

Here is an interview my friend Dutch did for Variety. He covers a bit of "Armorer Protocol" here...

https://variety.com/2023/film/news/rust-armorer-alec-baldwin-hannah-gutierrez-reed-dutch-merrick-1235495918/?fbclid=IwAR0OvFxbOeW9wBAWKh5-nDcv2c3Vdr3WrGRKPmsoUYlEB1Uh7y6ijlqwFi4

[Arizona_928]

I’m really surprised that Dave Halls got away with a plea bargain after literally inserting himself and telling the actor it’s safe. He handed him a loaded weapon. He didn’t know it, but that’s no excuse. He implied that it had been checked, but it clearly had not been checked by him as a second set of eyes. So I think he has a lot more culpability than he’s getting.

There's more to the story ig. The trial should be an amber heard sling feat.

[matthewb0051]

Originally Posted by Arizona_928

"Enhancement "...

I thought no body was above the law... LoL! Leftists

We have enhancements in Texas. You have a prior felony conviction then the next can be charged as the next higher felony level. Or if you have 2+ felony convictions, you are a 'habitual', and the minimum sentence is 25 years. We don't mess around here.

However, enhancements can be waived by the prosecutor as part of a plea agreement. I had a habitual waived two weeks ago and guy got 3 years on an agreement. Last March, I was on a jury and the guy was habitual. He got convicted and elected Judge for sentencing. Judge gave him 40.

I don't know if I'd waive the enhancement on this case just to get a plea. Eighteen months isn't a lot left for leverage on a case, especially with a high profile defendant that may take it to trial anyway.

[speeder]

Originally Posted by matthewb0051

We have enhancements in Texas. You have a prior felony conviction then the next can be charged as the next higher felony level. Or if you have 2+ felony convictions, you are a 'habitual', and the minimum sentence is 25 years. We don't mess around here.

However, enhancements can be waived by the prosecutor as part of a plea agreement. I had a habitual waived two weeks ago and guy got 3 years on an agreement. Last March, I was on a jury and the guy was habitual. He got convicted and elected Judge for sentencing. Judge gave him 40.

I don't know if I'd waive the enhancement on this case just to get a plea. Eighteen months isn't a lot left for leverage on a case, especially with a high profile defendant that may take it to trial anyway.

I'm surprised that you got seated on a jury, aren't you a prosecutor?

EDIT: Or defense lawyer...can't remember which...either way, I'm surprised.

[matthewb0051]

Originally Posted by speeder

I'm surprised that you got seated on a jury, aren't you a prosecutor?

EDIT: Or defense lawyer...can't remember which...either way, I'm surprised.

Defense (but I've done both over my career). I was shocked. I was number 43 out of 70 something and the last person selected.

Afterwards I spoke with the DAs and they said where I was seated they couldn't see me or my responses during jury selection. I was giving ample answers to get kicked off.

Sadly, I was an alternate so I had to sit there for the entire trial but didn't get to deliberate. The judge allowed me to sit in on deliberations but gave me strict instructions to keep my mouth shut. I had always known crazy things go on in jury rooms but this was an education for sure.

[Steve Carlton]

I was thinking Baldwin would not have liability as an actor, but I take that back. I wasn't thinking that he took the gun from the Dave Halls. I believe he should have refused, based on what Craig and Hugh have been saying. I could see him thinking he didn't pull the trigger when he really did. I wouldn't expect my memory to be good in an incident like that. I also don't think him saying he didn't pull the trigger hurts him much. I think he's simply mistaken. Or lying.

From my point of view, Dave Halls shouldn't have gotten a plea deal, but I'm no expert on the situation. He stepped in and incompetently took the place of the armorer, which he shouldn't have been able to do. He totally failed in the responsibility that he took and Halyna Hutchins is dead as a result.

[speeder]

He pulled the trigger, full stop. Inadvertently, most likely but he pulled it. Probably in the action of pulling back the hammer, if his finger was on the trigger.

[Steve Carlton]

I agree. But the safety protocols are supposed to allow for such a mistake.

[matthewb0051]

Originally Posted by Steve Carlton

I was thinking Baldwin would not have liability as an actor, but I take that back. I wasn't thinking that he took the gun from the Dave Halls. I believe he should have refused, based on what Craig and Hugh have been saying. I could see him thinking he didn't pull the trigger when he really did. I wouldn't expect my memory to be good in an incident like that. I also don't think him saying he didn't pull the trigger hurts him much. I think he's simply mistaken. Or lying.

I'm fairly certain the DA has had the weapon tested by an FBI firearms expert and it works perfectly.

The problem for Baldwin is that the standard of proof is negligence or not exercising due care. So regardless of whether he knew it was loaded with a live round, he pointed it at a human being and pulled the trigger. That is 100% negligence or lack of due care.

His out of court statements to 60 Min and George Steffapoopalos will probably come back to haunt him. "I didn't pull trigger" will be directly contradicted by the FBI expert.

The other thing I've been thinking about is potential jurors. This is Santa Fe, which is pretty liberal. But at the same time it is New Mexico, which I believe may give a juror that won't be swayed by the celebrity and may just hold him to a higher standard. I'm thinking about people like Rip on Yellowstone. Just real salt of the earth type people that will call a spade a spade even if they are for Medicaid expansion.

[Steve Carlton]

I think the FBI tested it and it actually broke during the testing and would fire without pulling the trigger, but I'm confident Baldwin pulled the trigger and probably unintentionally. Nobody will be able to prove he pulled it intentionally.

It doesn't seem like the set up for this rehearsal would protect against that gun being pointed at anybody. So, who's responsibility is the set up of the rehearsal? Clearly, it should have been a rubber gun.

[Zeke]

The trial has already begun — here. Don't you think you ought to pick a jury? Oh, right, everyone here is a jurist. Well, I think we have testified enough. Time for final arguments.

[flatbutt]

Originally Posted by flatbutt

Baldwin certainly shares in the responsibility, but I maintain that the armorer is the one who is ultimately at fault. Baldwin had no training did he? Does the production company require such training?

Whomever provided the live rounds for plinking also has to answer for that.

But the armorer is the one responsible even if the producer is the one who handed the revolver to Baldwin. The producer should not have been able to access the weapon.

oops
"Baldwin's deviation from known standards, practice and protocol directly caused the fatal death of Hutchins," the documents state.

"By not receiving the required training on firearms, not checking the firearm with the armorer, letting the armorer leave the firearms in the church without being present, deviating from the practice of only accepting the firearm from the armorer, not dealing with the safety complaints on set and/or making sure safety meetings were held, putting his finger on the trigger of a real firearm when a replica or rubber gun should have been used, pointing the firearms at Hutchins and Souza, and the overall handling of the firearms in a negligent manner, Baldwin acted with willful disregard for the safety of others and in a manner which endangered other people, specifically Hutchins and Souza.

[masraum]

Originally Posted by flatbutt

oops
"Baldwin's deviation from known standards, practice and protocol directly caused the fatal death of Hutchins," the documents state.

"By not receiving the required training on firearms, not checking the firearm with the armorer, letting the armorer leave the firearms in the church without being present, deviating from the practice of only accepting the firearm from the armorer, not dealing with the safety complaints on set and/or making sure safety meetings were held, putting his finger on the trigger of a real firearm when a replica or rubber gun should have been used, pointing the firearms at Hutchins and Souza, and the overall handling of the firearms in a negligent manner, Baldwin acted with willful disregard for the safety of others and in a manner which endangered other people, specifically Hutchins and Souza.

That's super damning. I can't imagine how you could wiggle out of that unless any of it could be proven incorrect. The fact that someone died of a gunshot wound seems to be absolute proof that the statement is 100% correct.

[jamesnmlaw]

Take the deal, Al.

[Baz]

[Crowbob]

Originally Posted by jamesnmlaw

Take the deal, Al.

If he doesn’t, he deserves having a few years tacked on because…stupid.

[Rapewta]

Tragic as it is... they both will be scolded. You know.... some BS handgun training.
He and she did not mean to kill anyone. What these incompetent gun holders did will be
excused for being stupid but no malice.
Meanwhile without any remorse.... a life is lost.

The silver lining to this is that Baldwin, the POS he has always been is now retired from
bothering us with his arrogant acting career.

[sc_rufctr]

JFI If a movie is being shot in Australia an actor can not touch a firearm (real or fake) without the appropriate "licence".
To get that licence they have to complete a gun handling and safety course. There are no exceptions to this rule.

I would have assumed it would have been the same in the US???

- If not why isn't it?