Even if Alec Baldwin the actor is not held legally liable for the fatal on-set shooting of a cinematographer, Alec Baldwin the producer could be. Experts say producers of the movie 'Rust' could face civil lawsuits and even criminal charges.
LOS ANGELES (AP) — Alec Baldwin the actor, who pulled the trigger on a prop gun while filming “Rust” in New Mexico and unwittingly killed a cinematographer and injured a director, likely won’t be held criminally or civilly liable for the tragedy.
ADVERTISEMENT“There was clearly negligence on the set,” said Adam Winkler, a professor at the UCLA School of Law and a gun policy expert. “The producers had a duty to preserve the safety of the crew. There were obvious hazards on the set.”Authorities said Friday that Halls, the assistant director, had handed the weapon to Baldwin and announced
“cold gun,” indicating it was safe to use.But it was loaded with live rounds. Cinematographer Halyna Hutchins was fatally shot and director Joel Souza, who was standing behind her, was wounded.Baldwin, who is known for his roles in “30 Rock” and “The Hunt for Red October” and his impression of former President Donald Trump on “Saturday Night Live,” has described the killing as a “tragic accident.”
The production of “Rust” has been beset by disputes from the start in early October and included seven crew members walking off the set just hours before the shooting.The Los Angeles Times, citing two crew members it did not name, reported that five days before the shooting, Baldwin’s stunt double accidentally fired two live rounds after being told the gun didn’t have any ammunition. headtopics.com
Alarmed by the misfires, a crew member told a unit production manager in a text message, “We’ve now had 3 accidental discharges. This is super unsafe,” according to a copy of the message reviewed by the newspaper.Winkler called the previous misfires — and an apparent lack of any action taken after them — “a recipe for a very significant liability in damages.”
“You can’t have a dangerous situation, know about it and then do nothing,” he said.ADVERTISEMENTRust Movie Productions, the production company, says it is cooperating with Santa Fe authorities in their investigation.“Though we were not made aware of any official complaints concerning weapon or prop safety on set, we will be conducting an internal review of our procedures while production is shut down,” Rust Movie Productions said in a statement to The Los Angeles Times.
AlthoughNew Mexico law defines involuntary manslaughterin part as a lawful act that resulted in death from “an unlawful manner or without due caution and circumspection,” defense attorney Nina Marino said she doubts any criminal case would be filed.“If a local agency in New Mexico was going to go forward with criminal charges, that would have a real chilling effect on further filming taking place in New Mexico and I think New Mexico appreciates the business,” said Marino, who specializes in white collar cases as a co-founder of the Kaplan Marino law firm.
Any film requires insurance coverage and any policy for a Western would hit upon the use of horses, other animals and firearms. The call sheet for Thursday alone mentions multiple guns, several horses and a daily snake wrangler.An insurer would likely cover any accidental events but the company might not pay for negligence claims on a movie set, according to Julie Shapiro, law professor and director of Loyola Law School’s Entertainment and Media Law Institute. headtopics.com
The insurance company will do its own investigation, Shapiro said, to determine if negligence occurred. The exact wording of the policy will determine what the company would pay.While Baldwin, the other producers, the assistant director and the armorer might be named as parties in a civil lawsuit, not all may be found to be liable — particularly if they played no role in the safety aspects of the production or only held a vanity credit. The plaintiffs would likely go after the production company’s deeper pockets.
“How much? To what extent will insurance cover it? This is a loss of life — there is no dollar amount you can place,” Shapiro said.On-set fatalitieshave led to safety reforms in the past, but Jeff Harris — founding partner at Harris Lowry Manton LLP and the lead attorney in two high-profile trials involving accidental deaths on television and film sets, including stuntman John Bernecker on “The Walking Dead” and camera assistant Sarah Jones on “Midnight Rider” — said incidents like these are rare if the cast and crew follow regulations that are standard for the use of firearms in the film industry.
“They’re not complicated,” Harris said. “They’ve been around for years. And it struck me — you don’t have this happen if basic safety policies are being followed. The end.” Read more: The Associated Press »
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I don’t know anything about this. But I would think the that some responsibility has to be placed on the person with the device. Did he check it? Is it standard to have an actor check? This is really a sad situation. The Rust production company will face civil suits. I’m sure their insurance company is on the scene conducting their own investigation.
There are three elements to a crime. The act itself (actus rea), the mental state or (mens rea) and the causation. The act was accidental, there was no emotional element or state of mind as it was acting and if it were “not for failure to check the weapon” civil yes! nocrime Surely just do a quick test while it's not pointing at anyone? I'm not a firearms expert, but anyone know how long it takes to squeeze a trigger while it's point at the floor? 1 second or so?
Isn’t it manslaughter? How can you kill someone, purposely or accidentally, and not be held accountable? When I accidentally spill something on the kitchen counter, my wife holds me accountable. Uhm yep. please click and help me with the number of post views for homework, thank you very much 中国角色百年变迁 How Chinese characters have changed in American movies in recent 100 years chinese movies history
Executive Producer yes. No criminal charges. Whoever brought real ammunition to a movie set shld be locked up.
Hilaria Baldwin Addresses Alec Baldwin ‘Rust’ Shooting Incident: “My Heart is With Halyna”The wife of the actor at the center of the tragic on-set incident that led to the death of cinematographer Halyna Hutchins posted a statement on Instagram Monday. Is she moving money out from the Joint Account already cause he could go to JAIL or WhitePrivilege will save them...i mean this AlecBaldwin 'my corazón Is con Halyna'. Wait . Is this Boston Hillary or Mallorca’s Hilaria? Can’t believe either…
and yet almost every tv production continues to use real guns for the effect...as do many film production companies. Criminal negligence or involuntary manslaughter. Either way, Baldwin can't walk away. Why were real bullets *anywhere* on set? Small productions often give star actors that agree to be in the movie or tv show production credit as part of their contract but they have no role beyond serving as an actor in the film or tv show. Not sure if that is the case here.
You need to show every producer who’s attached to this movie and they should all be canceled I can't tell you how good of an argument this all is for arming every school teacher in America. If he took part in hiring Asst. Director and Armorer... NOBODY CARES ABOUT THIS. MOVE ON FROM THIS TABLOID REPORTING AP!
Someone got shot and died!!!! Someone needs held accountable. Who cares that he is famous.
Alec Baldwin 'Rust' Actor Says Camera Was Protected During Shooting, Not ActorsThe gun scenes in the Alec Baldwin movie 'Rust' were considered dangerous enough to provide certain protections ... but not protections for people, but rather the expensive camera. Well NOW he says something about it. He could have voiced this b4 but he chose getting his $$$$ over putting the safety of others 1st. He's only coming forward because of the shooting. Otherwise he would have never said anything. Karma is very dangerous:
‘Rust’ Shooting: Production on Alec Baldwin Movie to Wrap Until “Investigations Are Complete”The film's producers sent a letter to the crew that said the stoppage was a 'pause rather than an end,' on the same evening Santa Fe County Sheriff’s Office sent out warrants for evidence and revealed a timeline of events of the incident. No one wants to see this movie They should do what’s best for them. That would shake up anybody. They broke for lunch between him being handed the gun and the accident? Am I reading that right?
Alec Baldwin Shooting on 'Rust,' Fatal Shot Struck Cinematographer in ChestAlec Baldwin was practicing a 'cross draw' -- pointing his gun at the camera -- when a live round struck the director in the shoulder and the cinematographer fatally in the chest ... this according to new court documents. I don’t remember this plot arc in Boss Baby why are you rehashing a week old stale story...... I hope the prop manager isn't the only one who is gonna be held responsible, Alec needs to atone for his sins as well.
Alec Baldwin shooting: Actor practicing drawing gun when it dischargedThe shot that killed a cinematographer on a New Mexico film set last week was fired as actor Alec Baldwin was practicing drawing his gun, according to the director who was injured in the shooting, an affidavit for a search warrant shows. For all those who are new to this working from home Bitcoin trading options Here's a little tip: Get a trusted Bitcoin expert and stick to her earn_with_Jens1 Invest and play at similar times each day. Because : In times of chaos, your investment is your anchor to success This is such an unfortunate incident. Is it true that some stunt coordinators left the set over concerns of safety just a few hours prior to this tragedy? I know rules are different on a set but when handed or picking up a weapon always check to see if it is loaded. On a set this changes as one could load a weapon during the check. But in that case have the armorer confirm its state.
Affidavit Reveals How Alec Baldwin's Gun Draw Killed Cinematographer In 'Rust' TragedyA search warrant contained details of a fatal rehearsal in a church. No charges have been filed. Investigators haven’t determined how live ammunition was loaded into a prop gun and declared “cold.” Not a prop if it's able to fire live rounds