Alec Baldwin [accidentally] Kills Crew Member with Prop Gun {2021-10-21}

Cafe Society
1167

The waters of this thread are getting hopelessly muddied by too many people mixing criminal and civil liability. From my experience there are only three people that have a chance to get charged criminally, the AD, the armorer and Alec Baldwin. It’s possible for there to be someone as yet unnamed if they loaded they live ammo and left the gun for someone to pick up. Given the current info I doubt Baldwin will be charged. For someone higher up in the production chain to be charged criminally there would have to be some more direct action than “film quicker.”

Making an overall unsafe environment will be brought up in a civil trial. If there ever is one. I’m assuming the only one who has standing to bring a civil suit would be the husband and minor child. He has already stated he doesn’t blame Baldwin. Baldwin is entangled with production so it’s unlikely he can be separated out. Just a guess but I’m suspecting there will be a quiet settlement and this will never get close to a civil trial.

1168

And Joel Souza.

1169

Just in terms of standing or – to whatever degree it’s persuasive – having a cause of action, it’s also theoretically possible that anybody on set that day could claim:

In New Mexico, negligent infliction of emotional distress is generally limited to the emotional shock that occurs when witnessing a sudden traumatic event. Typically, such triggers include shootings, car accidents, or other serious physical injuries.

It depends on the depth of the pockets of each potential defendant (read: who’s wealthy or well-insured).

1170

True although his damages will be significantly less.

Interesting point about New Mexico law. Regardless of how deep the pockets you still have to prove damage. The gaffer who held her as she died has more of a claim than the guy who was out at the snack cart.

1171

But the snack cart was stacked full of loaded weapons.

/s

1172

Another solid point.

1173

“Safety is Hannah’s number one priority on set,” the statement says. “Ultimately this set would never have been compromised if live ammo were not introduced. Hannah has no idea where the live rounds came from.” …

“[The guns] were locked up every night and at lunch and there’s no way a single one of them was unaccounted for or being shot by crew members.” …

“Hannah still, to this day, has never had an accidental discharge,” the statement said. “The first one on this set was the prop master and the second was a stunt man after Hannah informed him his gun was hot with blanks.”

Gutierrez-Reed claimed the independent film set was “unsafe,” but said it was not because of her.

“Hannah was hired on two positions on this film, which made it extremely difficult to focus on her job as an armorer,” the statement said. “She fought for training, days to maintain weapons, and proper time to prepare for gunfire but ultimately was overruled by production and her department. The whole production set became unsafe due to various factors, including lack of safety meetings. This was not the fault of Hannah.”

1174

I agree the statement was unclear. It was from the linked article:

Gutierrez Reed noted that there should have been no live ammunition on the set at all.

I can’t recall who originally posted that link, but it’s Fox News, and I shouldn’t have trusted it.

According to the New York Times,

Ms. Gutierrez-Reed told an investigator that no live ammunition “is ever kept on set.”

That’s much clearer, and it clarifies Mendoza’s response, as well.

1175

It doesn’t clarify how the gun was loaded with live ammunition. Her dual jobs may include other duties but it’s not rocket science to check what is loaded and ensuring chain of custody.

I doubt anything will change because this is likely human error. But it would be nice if guns are treated with the same standards found on a firing range. Being on the target side of the range to change out a target makes you appreciate the need for rules to be followed correctly.

I’ve caught people cycling a round out of the chamber and THEN removing the magazine without locking the slide back. Hello, you just cycled another round into the barrel. It’s still live.

1176

We can get some idea of just how much Alex Baldwin has been hounded by the media from this video:

Apparently they were following his car and he stopped by the side of the road and spoke to them to try to get them off his back.

1177

A not-unattractive young male who had shirtless photos on a beach posted on their social media would have had them published in a jiffy, you do know the Daily Mails readership?

1178

Fucking paparazzi.

I though Balwin handled himself pretty well there. I hope it did some good for him and his family.

1179

Baldwin comes off as distraught but fairly reasonable in that paparazzi clip. I hope those reporters leave his family alone.

Two questions though: can a sheriff’s department really “order” someone to not talk about an investigation? Do they have that authority?

Also, why would Baldwin support new legislation to prevent what he admits was a “one in a trillion” incident?

1180

That misses my point. Of course the Daily Mail would publish any salacious photos they could find, including of a male armorer. That doesn’t mean such photos are equally likely to exist or that they would necessarily have the same consequences.

1181

The police can certainly ask that you not discuss an active investigation.

Any lawyer worth their salt will advise you to not comment on an active investigation.

And for sure a judge can order someone not to discuss something, hence the term “gag order”.

Any or all of the above may apply in this case. As Baldwin is not a lawyer I wouldn’t read too much into that statement other than he’s been told by multiple people (his words) to say nothing. He’s talking to the media, not a courtroom. He doesn’t have to discuss in detail who told him that or the exact legalities involved. In fact, he probably shouldn’t.

Baldwin stated pretty plainly that he is NOT an expert in these matters and he’s OK with people who know more making decisions about these things. He very much stressed he is no authority on this issue. He mentioned legislation, he mentioned “rubber guns”, “plastic guns”, no functional guns, whatever people more in the know proposed he would back. That’s not “I want more laws” that’s “I’ll follow the lead of experts, whatever they decide”. Frankly, that’s something a lot more Americans should do on a number of topics but I’ll skip that diversion.

Baldwin has a long history of being pro-gun control. As an actor he has a personal stake in reducing the risk of accident, injury, or death on set. As such, there would be nothing mysterious or hypocritical in his backing additional restrictions on potentially dangerous props. There’s no need to over think this.

Also keep in mind that Baldwin, for all he seems pretty calm and together in that video, has been part of an experience traumatizing to everyone involved, one that could have severe and long term consequences not just for himself but for his family and other people. No matter what the eventual outcome may be this is going to dog him for the rest of his life. But don’t expect him to completely have his shit together, or be thinking entirely rationally at this point.

I think he did make a point that reporters so eager to tail him and his family to get a comment should at least know the name of the woman who died. Heck, I don’t personally know any of the parties involved here but I was pretty ticked off when one of the reporters stumbled repeatedly and couldn’t remember Halyna Hutchins’ name. That’s gotta be worse for anyone who actually knew the woman.

Although Baldwin is part of a trending story and thus the public has a “right to know” I really wish there was a good remedy for reporters who pursue people in such an obnoxious manner that kids are crying and there might even be a potential safety hazard. Baldwin’s kids should not be part of this, they aren’t involved. Let’s not see any more accidents out of this mess. Enough people have been hurt and killed from a bullet, let’s not have any more human damage.

1182

Considering what Baldwin must be going through right now, and considering that he does have a past history of … um … being rough with a paparazzo, I’m going to give him a bit of credit for grace under pressure with this one.

1183

I wouldn’t be surprised if Baldwin avoids any future projects that require weapons.

It would be difficult to ever fire a gun on set again. The memories would be too powerful.

1184

Not sure what the point is of bringing that picture up here. He wasn’t acting poorly now, so post a picture of when he was?

1185

He handled himself well.

It would be nice if the video of the people tailing him are posted on You Tube. Maybe it will discourage such behavior if these people become part of the story.

1186

Would this work? Just insert the stick as far as it will go, grasp it at the end of the barrel, then pull it out and hold it to the barrel and see how far it goes.