Cinematographer’s tragic death on film set ruled ‘accident’, but Alec Baldwin’s problems not over
Footage issued by Santa Fe County Sheriff's office shows actor Alec Baldwin practising drawing his revolver on the set of Rust. Photo: AAP
Almost a year after the shocking on-set death of cinematographer Halyna Hutchins in a shooting incident, final findings have been released as to what happened on that day.
Hutchins, 42, was killed while filming the low-budget Hollywood western Rust on October 21, when a revolver held by actor Alec Baldwin fired a live round that struck her in the chest.
The round also lodged in the shoulder of the film’s director, Joel Souza.
Baldwin, 64, denied responsibility for Ms Hutchins’ death.
Two reports released by authorities in recent days offer further insight into the tragic death following extensive investigations by the FBI and Santa Fe County Sheriff’s office.
On August 15, the sheriff’s office released the findings of the New Mexico Office of the Medical Investigator.
They officially declared the shooting an accident.
The FBI found the gun was in working condition and would not have discharged unless the trigger had been pulled.
The mixed findings keep Baldwin in the spotlight, with charges, fines and a civil suit still a major concern for the award-winning actor and producer.
Specifically, prosecutors have not yet decided if any charges will be filed in the case, saying they would review these latest reports and were awaiting cell phone data from Baldwin’s attorneys, the Associated Press (AP) reported on August 16.
Undated footage issued by Santa Fe County Sheriff’s office shows actor Alec Baldwin practising drawing his revolver on the set of the Rust movie. Photo: AAP
So what’s in the reports?
In the medical examiner’s report obtained by Rolling Stone, the post-mortem examination report, signed on August 9, read: “Review of available law enforcement reports showed no compelling demonstration that the firearm was intentionally loaded with live ammunition on set.
“Based on all available information, including the absence of obvious intent to cause harm or death, the manner of death is best classified as an accident.”
The FBI analysis of the revolver that Baldwin had in his hand during the rehearsal suggested it was in working order at the time and would not have discharged unless it was fully cocked and the trigger was pulled, AP reported.
“With the hammer in full cock position, the FBI report stated the gun could not be made to fire without pulling the trigger while the working internal components were intact and functional.
“During the testing of the gun by the FBI, authorities said, portions of the gun’s trigger sear and cylinder stop fractured while the hammer was struck. That allowed the hammer to fall and the firing pin to detonate the primer.
“This was the only successful discharge during this testing and it was attributed to the fracture of internal components, not the failure of the firearm or safety mechanisms,” the report stated.
It was unclear from the FBI report how many times the revolver’s hammer may have been struck during the testing, AP wrote.
Emergency services treated Halyna Hutchins on the set of the movie, as shocked cast and crew waited outside the set. Photo: AAP
Financial repercussions and civil suits
As the new findings were released, Baldwin’s legal team suggested it was further proof that the shooting was “a tragic accident” and that he should not face criminal charges.
“This is the third time the New Mexico authorities have found that Alec Baldwin had no authority or knowledge of the allegedly unsafe conditions on the set, that he was told by the person in charge of safety on the set that the gun was ‘cold’, and believed the gun was safe,” attorney Luke Nikas said in a statement.
Defending himself in December in an interview with ABC News, Baldwin said he was pointing the gun at Hutchins at her instruction when it went off after he cocked it.
He said he did not pull the trigger.
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In April, the state of New Mexico fined Rust Movie Productions the maximum amount possible, $US137,000 ($191,000), for “wilful” safety lapses leading to the death of Ms Hutchins.
Baldwin, who was also a producer on the film, has been named in several lawsuits filed in connection with Hutchins’ death, including one by her husband, Matthew.
In February Mr Hutchins filed a lawsuit in Santa Fe, New Mexico, on behalf of himself and his son Andros Hutchins, alleging that Baldwin recklessly shot and killed his wife, CNBC reported at the time.
The New Mexico trial law firm of McGinn, Montoya, Love & Curry and Panish Shea Boyle Ravipudi LLP are representing the family in the wrongful death lawsuit against Baldwin and the producers of Rust.
In a statement on the MMLC website, attorney Randi McGinn said ‘‘no one should ever die with a real gun on a make-believe movie set’’.
“That should never happen.
‘‘Baldwin continues to argue that he was told the gun was ‘cold’, that it was safe to use. This does not change the fact that, per our investigations, Baldwin refused to be trained on the kind of gun draw he was using.
‘‘In addition, he purportedly failed to check the gun himself – a clear violation of safety protocol,’’ the statement read.
‘‘The lawsuit alleges the armorer on the set of Rust was unqualified and overworked, and that those in charge were well aware of it.
“In fact, crew had complained about the safety issues on set far before Hutchins’ death. Some had even quit in protest. Yet production continued.
‘‘The fatal Rust shooting is, the lawsuit alleges, a culmination of numerous failures on the part of producers.
‘‘As executive producer, Baldwin especially had a duty to ensure the safety of those working on the film,’’ the statement concluded.