Saturday, October 23, 2021

Film crew voiced complaints before Alec Baldwin's fatal on-set shooting

THERE ARE NO ACCIDENTS
JUST PREVENTABLE INCIDENTS

By CEDAR ATTANASIO, MORGAN LEE and MICHELLE L. PRICE
AP

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The Bonanza Creek Film Ranch is seen in Santa Fe, N.M., Saturday, Oct. 23, 2021. An assistant director unwittingly handed actor Alec Baldwin a loaded weapon and told him it was safe to use in the moments before the actor fatally shot a cinematographer, court records released Friday show.
(AP Photo/Jae C. Hong)

The Associated Press
Published: 24 October ,2021

Alec Baldwin fatally shot a cinematographer on a New Mexico film set with a gun a crew member had assured the actor was safe, a tragic mistake that came hours after some workers walked off the job to protest conditions and production issues.

An assistant director, Dave Halls, grabbed a prop gun off a cart at a desert movie ranch and handed it to Baldwin during a Thursday rehearsal for the Western film “Rust,” according to court records made public Friday.

“Cold gun,” Halls yelled, declaring the weapon didn’t carry live rounds and was ready to fire.

But it wasn't. When Baldwin pulled the trigger, he unwittingly killed 42-year-old cinematographer Halyna Hutchins and wounded director Joel Souza, who was standing behind her inside a wooden, chapel-like building.

A 911 call that alerted authorities to the shooting at the Bonanza Creek Ranch outside Santa Fe hints at the panic on the movie set, as detailed in a recording released by the Santa Fe County Regional Emergency Communications Center.

“We had two people accidentally shot on a move set by a prop gun, we need help immediately,” script supervisor Mamie Mitchell told an emergency dispatcher. “We were rehearsing and it went off, and I ran out, we all ran out.”

The dispatcher asked if the gun was loaded with a real bullet.

“I cannot tell you. We have two injuries,” Mitchell replied. “And this (expletive) AD (assistant director) that yelled at me at lunch, asking about revisions....He’s supposed to check the guns. He's responsible for what happens on the set.”

Halls did not immediately return phone and email messages seeking comment. The Associated Press was unable to contact Hannah Gutierrez, the film's armorer, and several messages sent to production companies affiliated with “Rust” did not receive responses Friday.

The gun Baldwin used was one of three that Gutierrez had set on a cart outside the building where a scene was being rehearsed, according to the court records. Halls grabbed the firearm from the cart and brought it inside to the actor, unaware that it was loaded with live rounds, a detective wrote in a search warrant application.

It was unclear how many rounds were fired. Gutierrez removed a shell casing from the gun after the shooting, and she turned the weapon over to police when they arrived, the court records say.



Guns used in making movies are sometimes real weapons that can fire either bullets or blanks, which are gunpowder charges that produce a flash and a bang but no dangerous projectile.

New Mexico workplace safety investigators are examining if film industry standards for gun safety were followed during production of “Rust.” 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.

A crew member who was alarmed by the misfires 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. The New York Times also reported that there were at least two earlier accidental gun discharges; it cited three former crew members.

Mitchell, the script supervisor, told The Associated Press she was standing next to Hutchins when the cinematographer was hit.

“I ran out and called 911 and said ‘Bring everybody, send everybody,’ ” Mitchell said. “This woman is gone at the beginning of her career. She was an extraordinary, rare, very rare woman.”

Filmmaker Souza, who was shot in the shoulder, said in a statement to NBC News that he was grateful for the support he was receiving and gutted by the loss of Hutchins. “She was kind, vibrant, incredibly talented, fought for every inch and always pushed me to be better,” he said.


This photo shows the Bonanza Creek Ranch one day after an incident left one crew member dead and another injured, Friday, Oct. 22, 2021 in Santa Fe, N.M. A prop firearm discharged by veteran actor Alec Baldwin, who is producing and starring in a Western movie, killed his director of photography and injured the director Thursday, Oct. 21, 2021 at the movie set outside Santa Fe, authorities said.
(Roberto E. Rosales/Albuquerque Journal)

Santa Fe-area District Attorney Mary Carmack-Altwies said prosecutors are reviewing evidence in the shooting and do not know if charges will be filed.

Baldwin, 63, 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.” He was a producer of “Rust.”

“There are no words to convey my shock and sadness regarding the tragic accident that took the life of Halyna Hutchins, a wife, mother and deeply admired colleague of ours. I’m fully cooperating with the police investigation,” Baldwin wrote on Twitter. “My heart is broken for her husband, their son, and all who knew and loved Halyna.”

Production on “Rust” was halted after the shooting. The movie is about a 13-year-old boy who is left to fend for himself and his younger brother following the death of their parents in 1880s Kansas, according to the Internet Movie Database website.

Before the fateful rehearsal, there were reports of some problems on the set. Seven crew members walked off several hours before Hutchins was killed to express their discontent with matters that ranged from safety conditions to their accommodations, according to one of the crew members who left.

The disputes began soon after filming began in early October, said the crew member, who requested anonymity because he feared speaking up would hurt his prospects for future jobs.

The crew was initially housed at the Courtyard by Marriot in Santa Fe, according to the crew member. Four days in, however, they were told that going forward they would be housed at the budget Coyote South hotel. Some crew members balked at staying there.

The Los Angeles Times and Variety also reported on the walkout. Rust Movie Productions did not answer emails Friday and Saturday seeking comment.



There were other concerns.

Only minimal COVID-19 precautions were taken even though crew and cast members often worked in small enclosed spaces on the ranch, the crew member who spoke to the AP said. He said he never witnessed any formal orientation about weapons used on set, which normally would take place before filming begins.

A combination of those concerns prompted the seven to walk off the job.

“We packed our gear and left that morning,” the crew member said of the Thursday walkout.

Gutierrez, the film’s armorer, is the daughter of a longtime Hollywood firearms expert. She gave an interview in September to the Voices of the West podcast in which she said she had learned how to handle guns from her father since she was a teenager.

During the podcast interview. Gutierrez shared that she just finished her first movie in the role of head armorer, a project in Montana starring Nicholas Cage titled “The Old Way.”

“I was really nervous about it at first and I almost didn’t take the job because I wasn’t sure if I was ready but doing it, like, it went really smoothly," she said.

In another on-set gun death from 1993, Brandon Lee, the son of martial arts legend Bruce Lee, was killed by a bullet left in a prop gun after a previous scene. Similar shootings have occurred involving stage weapons that were loaded with live rounds during historical re-enactments.

Gun-safety protocol on sets in the United States has improved since then, said Steven Hall, a veteran director of photography in Britain. But he said one of the riskiest positions to be in is behind the camera because that person is in the line of fire in scenes where an actor appears to point a gun at the audience.

  

States mostly defer to union guidance for on-set gun safety

By GEOFF MULVIHILL, SUSAN MONTOYA BRYAN and JONATHAN LANDRUM Jr

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A "No Trespassing sign" hangs at the entrance to the Bonanza Creek Film Ranch in Santa Fe, N.M., Saturday, Oct. 23, 2021. An assistant director unwittingly handed actor Alec Baldwin a loaded weapon and told him it was safe to use in the moments before the actor fatally shot a cinematographer, court records released Friday show.
 (AP Photo/Jae C. Hong)

Safety standards developed by film studios and labor unions are the primary protection for actors and film crews when a scene calls for using prop guns. The industry-wide guidance is clear: “Blanks can kill. Treat all firearms as if they are loaded.”

Shootings nevertheless have killed and injured people while cameras rolled, including the cinematographer who died and the director who was wounded this week when no one realized a prop gun fired by actor Alec Baldwin during the filming of “Rust” carried live rounds that are far more dangerous than blanks.

Despite some industry reforms following previous tragedies, the federal workplace safety agency in the U.S. is silent on the issue of on-set gun safety. And most of the preferred states for film and TV productions take a largely hands-off approach.

New York prohibits guns from being fired overnight on movie sets but does not otherwise regulate their use. Georgia and Louisiana, where the film industry has expanded rapidly, regulate pyrotechnics on movie sets but have no specific rules around gun use.

“We don’t have anything to do with firearms. We only regulate the special effects explosion-type stuff,” said Capt. Nick Manale, a state police spokesperson in Louisiana, where the film industry was credited with creating more than 9.600 jobs last year and generating nearly $800 million for local businesses. “I’m not sure who does that, or if anybody does.”

New Mexico, where court records show an assistant director handed Baldwin a loaded weapon and told him it was “cold,” or safe to use, during the Thursday filming of “Rust,” has no specific safety laws for the film industry. Much of the legislative debate over the industry, as in other states, has focused on tax credits and incentives to lure the lucrative entertainment business, not what happens on sets.

That approach has worked well for New Mexico. In addition to attracting some large film productions, the state is home to major production hubs for Netflix and NBCUniversal. It had a record $623 million in direct spending on productions between July 2020 through June of this year.

New Mexico Gov. Michelle Lujan Grisham, a Democrat and an ardent film industry supporter, touted the industry’s pandemic precautions over the summer, saying it had put safety first and cleared the way for work to resume.

Workplace safety is paramount in every industry in New Mexico, including film and television, the governor’s spokeswoman, Nora Meyers Sackett, said Friday.

“State and federal workplace safety regulations apply to the industry just as they do to all other workplaces, and the state Occupational Health and Safety Bureau is investigating,” Sackett said of the tragedy that unfolded on a movie ranch near Santa Fe. “This is an ongoing investigation, and we’re awaiting additional facts in order to understand how something so terrible and heartbreaking could have happened.”

A search warrant made public Friday said an assistant director on the set handed Baldwin a loaded weapon and indicated it was safe to use, unaware it was loaded with live rounds. The shot killed cinematographer Halyna Hutchins, who was struck in the chest, and wounded director Joel Souza, who was standing behind Hutchins.

New Mexico workplace safety officials confirmed they would be looking at whether the crew followed industry standards. The agency does not routinely conduct safety inspections of sets and studios unless they receive complaints.

Instead of regulating firearm use on film and TV sets, many states leave it to the industry to follow its own guidelines. Those recommendations, issued by the Industry-Wide Labor-Management Safety Committee, call for limited use of live ammunition and detailed requirements for the handling and use of firearms of all types. Safety meetings are to be held, actors are to keep their fingers off the triggers until they’re ready to shoot, and guns should never be unattended, the guidelines state.

Without specific state or federal regulations, it’s primarily up to the people working in productions to ensure guns are used safely. Brook Yeaton, vice president of the International Alliance of Theatrical Stage Employees union that represents workers in Louisiana and parts of Mississippi and Alabama, said his approach is to act like all weapons are real and to never allow live rounds on a set.

“They shouldn’t be in the truck. They shouldn’t be in the same car,” said Yeaton, a prop master for more than 30 years. “You really have to make sure your inventory is totally separate from the real world and everything you bring on set is safe.”

In one of the world’s premier film centers, New York City, productions are required to adhere to a code of conduct that spells out rules for parking, notifying neighbors and other details. The safety rules feature a sections on covering cables and getting permits for exotic animals. But the only mention of gunshots is under the “community relations” heading: The sound of shots should not ring outdoors between 10 p.m. and 10 a.m.

The website of the Texas Film Commission states that productions using prop weapons — which can be replicas or real guns that fire blanks rather than live ammunition — must have safety policies, expert weapon handlers and proof of insurance. The Texas governor’s office, which oversees the commission, did not return calls from The Associated Press asking about how those rules are enforced.


 In this Aug. 13, 1958, file photo, Rodd Redwing, left, checks the final adjustment which Bob Lane is making on a six-gun in Los Angeles Redwing, a specialist in six-gun drawing, is an actor and a teacher of western gun handling. Lane is one of the men who repair and service the many guns in the studio arsenal, which supplies weapons on call for movies. Guns used in making movies are sometimes real weapons that can fire either bullets or blanks, which are gunpowder charges that produce a flash and a bang but no deadly projectile. Even blanks can eject hot gases and paper or plastic wadding from the barrel that can be lethal at close range. (AP Photo/David Smith, File)

California, still the capital of the film industry, requires an entertainment firearms permit, though it’s not clear how permit requirements are enforced.

Hutchins’ fatal shooting near Santa Fe followed previous gun-related deaths and injuries on movie sets.

Actor Brandon Lee died in March 1993 after he was shot in the abdomen while filming a scene of “The Crow.” Lee was killed by a makeshift bullet that remained in a gun from a previous scene. The U.S. Occupational Health and Safety Administration fined the production $84,000 for violations after the actor’s death, but the fine was later reduced to $55,000.

In 2005, OSHA fined Greystone Television and Films $650 after a crewmember was shot in the thigh, elbow and hand. It turned out that balloon-breaking birdshot rounds were in the same box as the blanks that were supposed to be used in rifles.

New Mexico state lawmaker Antonio “Moe” Maestas, an Albuquerque lawyer and champion of his state’s film incentives, questioned whether any safety legislation could have prevented the fatal shooting on the set of “Rust.”

“How can you disincentivize an involuntary act?” he asked.

Maestas said production companies might think about using post-production effects to mimic the sights and sounds they now rely on prop guns to create.

“That’s the only way to really ensure this never happens again,” he said.

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Mulvihill reported from Cherry Hill, New Jersey, Montoya Bryan from Albuquerque, New Mexico, and Landrum from Los Angeles. Also contributing to this article were Associated Press writers Jeff Amy in Atlanta; Melinda Deslatte in Baton Rouge, Louisiana; Anthony McCartney in Los Angeles; and Amy Taxin in Orange County, California.

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