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Tag: Alec Baldwin Shooting

  • Prosecutor asks for charge to be reinstated against Alec Baldwin in ‘Rust’ case

    Prosecutor asks for charge to be reinstated against Alec Baldwin in ‘Rust’ case

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    SANTA FE, N.M. — A prosecutor has asked a New Mexico judge to reconsider the decision to dismiss an involuntary manslaughter charge against Alec Baldwin in the fatal shooting of a cinematographer on the set of a Western movie, according to a court filing made public Wednesday.

    Special prosecutor Kari Morrissey said there were insufficient facts to support the July ruling and that Baldwin’s due process rights had not been violated.

    State District Court Judge Mary Marlowe Sommer dismissed the case halfway through a trial based on the withholding of evidence by police and prosecutors from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”

    The charge against Baldwin was dismissed with prejudice, meaning it can’t be revived once any appeals of the decision are exhausted.

    Baldwin, the lead actor and co-producer on “Rust,” was pointing a gun at cinematographer Halyna Hutchins during a rehearsal when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer – but not the trigger – and the revolver fired.

    The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a successful motion to dismiss the case.

    In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.

    In the request to reconsider, Morrissey argued again that the undisclosed ammunition was not relevant to the case against Baldwin, which hinged on his responsibility to handle a gun safely under familiar industry guidelines.

    RELATED: Alec Baldwin ‘Rust’ trial: Actor’s culpability disputed in opening statements

    “No one on the prosecution team ever intentionally kept evidence from the defendant, it simply didn’t occur to the prosecution that the rounds were relevant to the case,” Morrissey wrote.

    She asserted that defense attorneys knew about the rounds but canceled an opportunity to view them prior to trial.

    “This is a smoke screen created by the defense and was intended to sway and confuse the court … and it was successful,” Morrissey wrote.

    Baldwin’s lead attorney, Luke Nikas, didn’t immediately respond to requests for comment about Morrissey’s filing.

    Movie armorer Hannah Gutierrez-Reed is serving an 18-month sentence on a conviction for involuntary manslaughter. She was accused of flouting standard safety protocols and missing multiple opportunities to detect forbidden live ammunition on set. Assistant director and safety coordinator David Halls pleaded no contest to the negligent use of a deadly weapon and was sentenced to six months of unsupervised probation. A no contest plea isn’t an admission of guilt but is treated as such for sentencing purposes.

    It hasn’t been officially determined who brought the live rounds that killed Hutchins to the set, though prosecutors allege that Gutierrez-Reed was responsible.

    The ammunition that skuttled the case was handed over to a Santa Fe County Sheriff’s Office crime scene technician who filed the evidence under an unrelated case number. Three of those rounds resembled live rounds that were collected from the “Rust” set after the fatal shooting.

    The mysterious ammunition was dropped off at the sheriff’s office by Troy Teske, of Bullhead City, Arizona, who routinely stored weapons and ammunition for his friend and longtime movie-gun coach Thell Reed – Gutierrez-Reed’s step-father and mentor as a film-set armorer.

    Morrissey asked the judge to order defense attorneys to show when and how they learned of the ammunition provided by Teske, calling the defense motion to dismiss the case “all a ruse.”

    Copyright © 2024 by The Associated Press. All Rights Reserved.

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  • Alec Baldwin’s involuntary manslaughter trial starts with witnesses recalling chaotic set shooting

    Alec Baldwin’s involuntary manslaughter trial starts with witnesses recalling chaotic set shooting

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    A defense attorney told jurors Wednesday that the shooting death of cinematographer Halyna Hutchins was an “unspeakable tragedy” but that “Alec Baldwin committed no crime; he was an actor, acting.”Baldwin’s lawyer Alex Spiro emphasized in his opening statement in a Santa Fe, New Mexico, courtroom that Baldwin, who is on trial for involuntary manslaughter, did exactly what actors always do on the set of the film “Rust,” where Hutchins was killed in October 2021.“I don’t have to tell you any more about this, because you’ve all seen gunfights in movies,” Spiro said.Special prosecutor Erlinda Ocampo Johnson said in her opening statement that before the shooting, Baldwin skipped safety checks and recklessly handled a revolver.“The evidence will show that someone who played make believe with a real gun and violated the cardinal rules of firearm safety is the defendant, Alexander Baldwin,” Ocampo Johnson said.Spiro replied that “these cardinal rules, they’re not cardinal rules on a movie set.”“On a movie set, safety has to occur before a gun is placed in an actor’s hand,” Spiro told the jury.The first witness to take the stand was the first law enforcement officer to arrive at Bonanza Creek Ranch after the shooting. Video shown in the courtroom from the body camera of Nicholas LeFleur, then a Santa Fe county sheriff’s deputy, captured the frantic efforts to save Hutchins, who looked unconscious as several people attended to her and gave her an oxygen mask. In the courtroom, Baldwin looked at the screen somberly as it played.Video below: Defense attorneys show scene in which Alec Baldwin pulls gun in ‘Rust’Later in the video, LeFleur can be seen telling Baldwin not to speak to the other potential witnesses, but Baldwin repeatedly does.When special prosecutor Kari Morrissey asked whether the sheriff’s deputy handled the situation ideally he responded, “Probably not. But it’s what happened.”Spiro tried to establish that neither LeFleur nor the trial’s second witness, former sheriff’s Lt. Tim Benavidez, treated the scene as a place where a major crime had occurred. Benavidez, who collected the revolver after the shooting, acknowledged that he was careful with it as much for safety reasons as anything else, but did not wear gloves or take meticulous forensic precautions as he might be done for a homicide investigation.Ocampo Johnson in her opening walked the jurors through the events leading up to Hutchins death. She said on that day, Baldwin declined multiple opportunities for standard safety checks with armorer Hannah Gutierrez-Reed before the rehearsal in the small church about 20 miles (32 kilometers) from the courthouse where Hutchins, “a vibrant 42-year-old rising star,” was killed. She said Baldwin instead “did his own thing.”“He cocks the hammer, points it straight at Miss Hutchins, and fires that gun, sending that live bullet right into Miss Hutchins body,” said Ocampo Johnson.Video below: Prosecutors present case to jury in opening statements in Alec Baldwin trialDuring the presentation, Baldwin trained his eyes downward on a notepad, away from the jury. He watched Spiro intently during his opening. His wife Hilaria Baldwin, younger brother Stephen Baldwin and older sister Elizabeth Keuchler — who wiped away tears at times — were among the family and friends sitting behind him.The 16 jurors — 11 women and five men — come from a region with strong currents of gun ownership and safety informed by backcountry hunting. Four of the jurors will be deemed alternates while the other 12 deliberate once they get the case.Hutchins’ death and the wounding of director Joel Souza nearly three years ago sent shock waves through the film industry and led to one felony charge against Baldwin, 66, that could result in up to 18 months in prison.“It killed an amazing person,” Spiro said. “It wounded another, and it changed lives forever.”Baldwin has claimed the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that it was loaded with a live round, he said he pulled back the hammer — not the trigger — and it fired.“No one saw him intentionally pull the trigger,” Spiro said.But he said even if Baldwin had pulled it, it still would not have been manslaughter.“On a movie set, you’re allowed to pull that trigger,” Spiro said, adding, “that doesn’t make it a homicide.”The lawyer emphasized that the responsibility for safety lay with the film’s armorer, Gutierrez-Reed, who has already been convicted of involuntary manslaughter, and assistant director David Halls, who pleaded no contest to negligent use of a deadly weapon in exchange for his testimony.Baldwin had been told “cold gun” before getting the revolver, not knowing there was a live round in it.“It had been checked and double checked by those responsible for ensuring the gun was safe,” Spiro said. “He did not tamper with it he did not load it himself. He did not leave it unattended.”Spiro has in recent years become one of the most sought-after defense attorneys in the country. His clients have included Elon Musk, New England Patriots owner Robert Kraft, and Megan Thee Stallion.Baldwin — the star of “Beetlejuice,” “Glengarry Glen Ross” and “30 Rock” — has been a household name as an actor and public personality for more than three decades.Spiro said in concluding his opening that witnesses will attest that “no actor in history” has “intercepted a live bullet from a prop gun.”“No one could have imagined or expected an actor to do that,” the lawyer said.Testimony at trial will delve into the mechanics of the weapon and whether it could have fired without a trigger pull. Prosecutors say it couldn’t have.“That gun the defendant had asked to be assigned worked perfectly fine as it was designed,” Ocampo Johnson said.Attorney Gloria Allred sat in the front row of the courtroom audience, a reminder of Baldwin’s other legal difficulties. Allred is representing “Rust” script supervisor Mamie Mitchell and Hutchins’ sister and parents in a civil lawsuit against Baldwin and other producers.Allred said that from her observations in court, the jury appeared to be riveted by testimony and evidence including the police lapel camera video.___Dalton reported from Los Angeles.

    A defense attorney told jurors Wednesday that the shooting death of cinematographer Halyna Hutchins was an “unspeakable tragedy” but that “Alec Baldwin committed no crime; he was an actor, acting.”

    Baldwin’s lawyer Alex Spiro emphasized in his opening statement in a Santa Fe, New Mexico, courtroom that Baldwin, who is on trial for involuntary manslaughter, did exactly what actors always do on the set of the film “Rust,” where Hutchins was killed in October 2021.

    “I don’t have to tell you any more about this, because you’ve all seen gunfights in movies,” Spiro said.

    Special prosecutor Erlinda Ocampo Johnson said in her opening statement that before the shooting, Baldwin skipped safety checks and recklessly handled a revolver.

    “The evidence will show that someone who played make believe with a real gun and violated the cardinal rules of firearm safety is the defendant, Alexander Baldwin,” Ocampo Johnson said.

    Spiro replied that “these cardinal rules, they’re not cardinal rules on a movie set.”

    “On a movie set, safety has to occur before a gun is placed in an actor’s hand,” Spiro told the jury.

    The first witness to take the stand was the first law enforcement officer to arrive at Bonanza Creek Ranch after the shooting. Video shown in the courtroom from the body camera of Nicholas LeFleur, then a Santa Fe county sheriff’s deputy, captured the frantic efforts to save Hutchins, who looked unconscious as several people attended to her and gave her an oxygen mask. In the courtroom, Baldwin looked at the screen somberly as it played.

    Video below: Defense attorneys show scene in which Alec Baldwin pulls gun in ‘Rust’

    Later in the video, LeFleur can be seen telling Baldwin not to speak to the other potential witnesses, but Baldwin repeatedly does.

    When special prosecutor Kari Morrissey asked whether the sheriff’s deputy handled the situation ideally he responded, “Probably not. But it’s what happened.”

    Spiro tried to establish that neither LeFleur nor the trial’s second witness, former sheriff’s Lt. Tim Benavidez, treated the scene as a place where a major crime had occurred. Benavidez, who collected the revolver after the shooting, acknowledged that he was careful with it as much for safety reasons as anything else, but did not wear gloves or take meticulous forensic precautions as he might be done for a homicide investigation.

    Ocampo Johnson in her opening walked the jurors through the events leading up to Hutchins death. She said on that day, Baldwin declined multiple opportunities for standard safety checks with armorer Hannah Gutierrez-Reed before the rehearsal in the small church about 20 miles (32 kilometers) from the courthouse where Hutchins, “a vibrant 42-year-old rising star,” was killed. She said Baldwin instead “did his own thing.”

    “He cocks the hammer, points it straight at Miss Hutchins, and fires that gun, sending that live bullet right into Miss Hutchins body,” said Ocampo Johnson.

    Video below: Prosecutors present case to jury in opening statements in Alec Baldwin trial

    During the presentation, Baldwin trained his eyes downward on a notepad, away from the jury. He watched Spiro intently during his opening. His wife Hilaria Baldwin, younger brother Stephen Baldwin and older sister Elizabeth Keuchler — who wiped away tears at times — were among the family and friends sitting behind him.

    The 16 jurors — 11 women and five men — come from a region with strong currents of gun ownership and safety informed by backcountry hunting. Four of the jurors will be deemed alternates while the other 12 deliberate once they get the case.

    Hutchins’ death and the wounding of director Joel Souza nearly three years ago sent shock waves through the film industry and led to one felony charge against Baldwin, 66, that could result in up to 18 months in prison.

    “It killed an amazing person,” Spiro said. “It wounded another, and it changed lives forever.”

    Baldwin has claimed the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that it was loaded with a live round, he said he pulled back the hammer — not the trigger — and it fired.

    “No one saw him intentionally pull the trigger,” Spiro said.

    But he said even if Baldwin had pulled it, it still would not have been manslaughter.

    “On a movie set, you’re allowed to pull that trigger,” Spiro said, adding, “that doesn’t make it a homicide.”

    The lawyer emphasized that the responsibility for safety lay with the film’s armorer, Gutierrez-Reed, who has already been convicted of involuntary manslaughter, and assistant director David Halls, who pleaded no contest to negligent use of a deadly weapon in exchange for his testimony.

    Baldwin had been told “cold gun” before getting the revolver, not knowing there was a live round in it.

    “It had been checked and double checked by those responsible for ensuring the gun was safe,” Spiro said. “He did not tamper with it he did not load it himself. He did not leave it unattended.”

    Spiro has in recent years become one of the most sought-after defense attorneys in the country. His clients have included Elon Musk, New England Patriots owner Robert Kraft, and Megan Thee Stallion.

    Baldwin — the star of “Beetlejuice,” “Glengarry Glen Ross” and “30 Rock” — has been a household name as an actor and public personality for more than three decades.

    Spiro said in concluding his opening that witnesses will attest that “no actor in history” has “intercepted a live bullet from a prop gun.”

    “No one could have imagined or expected an actor to do that,” the lawyer said.

    Testimony at trial will delve into the mechanics of the weapon and whether it could have fired without a trigger pull. Prosecutors say it couldn’t have.

    “That gun the defendant had asked to be assigned worked perfectly fine as it was designed,” Ocampo Johnson said.

    Attorney Gloria Allred sat in the front row of the courtroom audience, a reminder of Baldwin’s other legal difficulties. Allred is representing “Rust” script supervisor Mamie Mitchell and Hutchins’ sister and parents in a civil lawsuit against Baldwin and other producers.

    Allred said that from her observations in court, the jury appeared to be riveted by testimony and evidence including the police lapel camera video.

    ___

    Dalton reported from Los Angeles.

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  • Charges to be dropped against Alec Baldwin in fatal ‘Rust’ movie set shooting – National | Globalnews.ca

    Charges to be dropped against Alec Baldwin in fatal ‘Rust’ movie set shooting – National | Globalnews.ca

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    New Mexico prosecutors on Thursday said they would drop criminal charges against actor Alec Baldwin in the fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie “Rust” in 2021.

    The decision came after new evidence surfaced on the gun Baldwin was using that fired the live round that killed Hutchins, according to a person familiar with the investigation.

    The movie’s weapons handler, Hannah Gutierrez-Reed, was also charged in the case and her prosecution will continue, state prosecutors said in a statement.

    “New facts were revealed that demand further investigation and forensic analysis,” special prosecutors Kari Morrissey and Jason Lewis said, without giving further details. “We will therefore be dismissing the involuntary manslaughter charges against Mr. Baldwin.”

    But they added: “This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled.”

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    Click to play video: 'Rust movie shooting: Alec Baldwin says cinematographer’s death ‘never going to be behind us’ in new statement'


    Rust movie shooting: Alec Baldwin says cinematographer’s death ‘never going to be behind us’ in new statement


    The dramatic turn in the 18-month-old case arrived on the same day that Baldwin and other cast members resumed filming the movie in Montana.

    “We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” his lawyers Luke Nikas and Alex Spiro said in a statement.

    On Instagram, Baldwin thanked his wife, Hilaria Baldwin for her support.

    “I owe everything I have to this woman,” he wrote. Baldwin also gave a shoutout to Nikas, writing, “(and to you, Luke).”

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    Baldwin, 65, and Gutierrez-Reed, 25, were charged in January with two counts of involuntary manslaughter for the Oct. 21, 2021, shooting on a film set outside Santa Fe, New Mexico. Hutchins died, and director Joel Souza was injured, when a Colt .45 revolver Baldwin was rehearsing with fired a bullet.

    In a statement on Thursday, Gutierrez-Reed’s lawyers Jason Bowles and Todd Bullion said, “We fully expect at the end of this process that Hannah will also be exonerated.”

    Baldwin was accused of showing a “reckless” disregard for safety in Hutchins’ death. Prosecutors said video showed him with his finger on the trigger of the revolver minutes before it fired the live round.


    Click to play video: 'Bodycam footage from Baldwin ‘Rust’ set shooting shows moments after incident'


    Bodycam footage from Baldwin ‘Rust’ set shooting shows moments after incident


    Baldwin has said he was told the gun was “cold” – an industry term meaning it did not contain any ammunition with an explosive charge – and he never pulled the trigger.

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    Investigators have not been able to determine how live rounds made it on the set.

    After an evidence viewing in the case last week, new information showed that the reproduction long Colt .45 “Peacemaker” revolver Baldwin was using had had parts added to it since its manufacture by Italian gunmaker Pietta, according to the source with knowledge of the case.

    “It definitely was modified, which compromises the whole argument that the gun was in fully functioning operating form and could only have fired if Baldwin pulled the trigger,” the person said.

    A status conference was scheduled for Friday at 2:30 p.m. (1630 Eastern Time) on the charges against Baldwin and Gutierrez-Reed.

    The state’s prosecution has been beset by legal errors, with the most serious charge against defendants dropped in February and two prosecutors forced to step down.


    Click to play video: '‘Rust’ movie set shooting: New Mexico Sheriff confirms Baldwin’s gun fired live lead bullet'


    ‘Rust’ movie set shooting: New Mexico Sheriff confirms Baldwin’s gun fired live lead bullet


    The two sides had been discussing charges ahead of a May 3 hearing, when a New Mexico judge was set to decide whether Baldwin and Gutierrez-Reed should stand trial.

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    The first assistant director, Dave Halls, was sentenced last month to a suspended sentence after he pleaded guilty to negligent use of a deadly weapon. Prosecutors had said he was responsible for set safety.

    Gutierrez-Reed has blamed the shooting on other factors including possible sabotage, Baldwin’s lack of training, and a failure by Halls and Baldwin to ask her for extra checks.

    Baldwin settled a lawsuit in October with the cinematographer’s husband, Matt Hutchins, in a deal that made Matt Hutchins an executive producer on the movie.

    (Reporting by Andrew Hay, Joseph Ax and Tyler Clifford; Additional reporting by Jasper Ward; Editing by Cynthia Osterman and Josie Kao)

    — With files from Global News’ Sarah Do Couto

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  • Alec Baldwin to be charged with involuntary manslaughter in ‘Rust’ shooting – National | Globalnews.ca

    Alec Baldwin to be charged with involuntary manslaughter in ‘Rust’ shooting – National | Globalnews.ca

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    Actor Alec Baldwin and prop armorer Hannah Gutierrez-Reed will both be charged with involuntary manslaughter for the on-set shooting death of Rust cinematographer Halyna Hutchins.

    New Mexico First Judicial District Attorney Mary Carmack-Altwies announced on Thursday that the charges will be officially filed by the end of the month.

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    “After a thorough review of the evidence and the laws of the state of New Mexico, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the Rust film crew,” Carmack-Altwies said in a statement.

    She continued: “On my watch, no one is above the law, and everyone deserves justice.”

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    Rust‘s assistant director David Halls also signed a plea agreement for the charge of negligent use of a deadly weapon. The terms of the agreement reportedly include a suspended sentence and six months probation.

    The lawyer for Hutchins’ husband, Matthew, released a statement following the announcement of the charges.

    “We want to thank the Santa Fe Sheriff and the District Attorney for concluding their thorough investigation and determining that charges for involuntary manslaughter are warranted for the killing of Halyna Hutchins with conscious disregard for human life,” the statement reads.

    In October 2021, Hutchins was struck and killed by a prop gun shot by Baldwin, 64, which contained a “live round.” Rust writer and director Joel Souza was also injured in the incident.

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    The shooting occurred as Baldwin, 64, rehearsed with what he believed to be a safe gun, provided to him by Gutierrez-Reed, who was responsible for the guns on set.

    Baldwin has consistently denied responsibility for Hutchins’ death and said live rounds should never have been allowed onto the set. He claims he was unaware the gun was loaded when he fired.

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    In April, footage of Alec Baldwin just minutes after the deadly shooting was released by police.

    In soundless rehearsal footage, Baldwin is seen quickly drawing and aiming an F.lli Pietta 45 Long Colt Revolver, the same gun that was later misfired.

    Baldwin, in the video, confirms to officers, “I was the one holding the gun, yeah.” He continues to be cooperative with police despite his flustered state, and says, “My hands are shaking.”


    Click to play video: 'Bodycam footage from Baldwin ‘Rust’ set shooting shows moments after incident'


    Bodycam footage from Baldwin ‘Rust’ set shooting shows moments after incident


    Later in August, Hutchins’ death was determined by New Mexico’s Office of the Medical Investigator to be an accident following the completion of an autopsy and a review of law enforcement reports.

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    In the fall, Baldwin reached a settlement with Hutchins’ estate. As part of the settlement, Matthew Hutchins became executive producer of Rust, which was set to begin filming again this month. It is unclear how the new charges will affect the movie’s plans to resume.

    &copy 2023 Global News, a division of Corus Entertainment Inc.

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    Sarah Do Couto

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