The Colorado Springs Gazette final

Potential legal woes mount after ‘Rust’ shooting tragedy

BY STEFANIE DAZIO, LINDSEY BAHR AND ANTHONY MCCARTNEY THE ASSOCIATED Press FILE

LOS ANGELES • 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.

But Alec Baldwin the producer might be, along with several others in leadership positions for the Western.

Experts predict a tremendous legal fallout from the tragedy, definitely in civil lawsuits and potentially in criminal charges. In addition to Baldwin, a call sheet for the day of the shooting obtained by The Associated Press lists five producers, four executive producers, a line producer and a co-producer. They, as well as assistant director Dave Halls and armorer Hannah Gutierrez, could all face some sort of liability even if they weren’t on location Thursday.

The payouts — which could be covered in part by insurance held by the production company, Rust Movie Productions — would likely be in the “millions and millions” of dollars.

“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.

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.

Rust 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.

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2021-10-27T07:00:00.0000000Z

2021-10-27T07:00:00.0000000Z

https://daily.gazette.com/article/281573768906686

The Gazette, Colorado Springs