New details challenge Alec Baldwin’s statement on ‘Rust’ shooting
Fox News’ Marianne Rafferty reports on updates in the investigation into ‘Rust’ movie set shooting where cinematographer Halyna Hutchins was shot and killed.
Discussions stalled once again between the Motion Picture Association and Hollywood labor unions following a bid for a new law to protect cast and crew on production sets with firearm safety requirements following the fatal "Rust" shooting in October.
Cinematographer Halyna Hutchins was killed on the New Mexico set of the Western film and director Joel Souza was wounded by a bullet when live ammunition was accidentally loaded into a weapon fired by Alec Baldwin while rehearsing a scene in a church. The actor has since denied he pulled the trigger of the gun that killed Hutchins.
Senate Bill 831 released in January 2022 aimed to "raise safety standards on sets and regulate ammunition, blanks, and firearms that are capable of firing ammunition," while a similar Senate Bill 829 was more specifically tailored for weapons to remain "under the supervision of an armorer at all times" and further defined terms of the purpose of an armorer.
The Directors Guild of America (DGA) and International Alliance of Theatrical Stage Employees (IATSE) issued a joint statement after the legislation failed to pass.
Alec Baldwin appears on video rehearsing with an Old West-style revolver before a fatal "Rust" movie shooting took the life of cinematographer Halyna Hutchins in Santa Fe in late October. (Santa Fe County Sheriff’s Office)
"The DGA and IATSE are disappointed and disheartened that this critical legislation, which would have required important safety protections for our members and all workers in our industry, was not passed into law during this legislative session," the unions said, according to Deadline.
"Unfortunately, we were unable to get the studios to support significant, meaningful and practical safety reforms that they currently implement in other parts of the world. We remain committed to reforms that protect our members through negotiations with the studios or legislation in California and other states. Those changes require prioritizing safety and allocating resources to make it happen on the ground."
In addition, Bill 829 would, with prescribed exceptions, "prohibit the use of ammunition in the production of a motion picture."
Introduced by Senator Portantino, B829 added that the armorer on set would be prohibited from having any other responsibilities or duties while the performer is using a firearm.
"The bill would require an employer to ensure that a fire code official is present on any motion picture production during the time any firearm and blanks are used in the motion picture production," the legislation said.
Alec Baldwin shown on the "Rust" movie set in this crime scene photo. (Santa Fe County Sheriff’s Office)
Employees of the motion picture would be required to take an online firearms safety course and "to request and keep in their records a copy of the certificate of completion. The employer would be responsible for the cost of the course."
In B831, a set safety supervisor would be required for all movie productions to perform a risk assessment completed prior to the beginning of production. The person assigned would be on set daily to ensure "cast and crew are not engaged in or exposed to an environment or activity that puts workers’ health and safety at risk."
Language in B831 also included prohibiting "ammunition on film, television, and commercial sets, except in prescribed circumstances, subject to certain safety rules and laws," and requiring an employer to ensure that any employee "responsible for handling, or in proximity to, firearms on set completes a specific firearm training or equivalent training, as prescribed."
The bill would require enforcement beginning July 1, 2024 for a standard that protects the "health and safety of motion picture production employees with regard to the storage, handling, and use of firearms and blanks on set and for use of ammunition."
"The Motion Picture Association and our member studios remain committed to enhanced firearm safety and training programs, and we are thankful to Senator Portantino for his leadership on this issue," Melissa Patack, the VP of state government affairs for the Motion Picture Association told Variety Friday.
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"We look forward to continuing our work with our union partners to enhance safety. Following the adjournment of the California Legislature, we will explore every avenue to advance legislation and will also work with the Industry Wide Labor-Management Safety Committee to bolster the appropriate safety bulletins."
Alec Baldwin (pictured two weeks before the incident) is fighting back against the FBI report from fatal "Rust" set shooting. The Santa Fe medical investigator deemed the incident an accident. (Mark Sagliocco)
The shooting was ruled an accident earlier this month by New Mexico's Office of the Medical Investigator after the completion of cinematographer Halyna Hutchins' autopsy and review of law enforcement reports from the fatal incident on Oct. 21.
The medical investigator's report was made public by the Santa Fe County Sheriff's Office in addition to FBI records collected from the weapon and ammunition used on the set following the shooting. It's unclear if Baldwin will still face any criminal charges, with his lawyers calling the shooting a "tragic accident."
"The critical report is the one from the medical examiner, who concluded that this was a tragic accident. 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," Baldwin attorney Luke Nikas told Fox News Digital.
Baldwin had told investigators that as the gun went off, he was unaware initially that Hutchins would die and was shocked to learn that he had been holding a gun loaded with live ammunition. Baldwin, who also was a producer on the film, had said the gun should have been empty for a rehearsal with no filming.
Prosecutors have not yet decided if any charges will be filed in the case and are still awaiting Baldwin's cellphone for review as of Aug. 3, according to District Attorney Mary Carmack-Altwies.
Baldwin has been named in a wrongful death lawsuit filed by Hutchins' family along with two other lawsuits brought by crew members.
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