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21 Jul 2024 16:18
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  •   Home > News > International

    The cast and crew of Rust set out to make a movie about an accidental shooting. They ended up involved in a real one

    The New Mexico film shoot in 2021 was a quick one – only 21 days to film more than 130 scenes — but the fallout continues three years later, with a new chapter about to play out in court.


    When the cast and crew of Rust arrive on set at the Bonanza Creek Ranch at 6:30am for another day of filming, temperatures are just above freezing.

    Warning: This story contains content that may be distressing for some readers. 

    The New Mexico shoot in October 2021 is a quick one – only 21 days to film more than 130 scenes, telling the story of a young boy and his outlaw grandfather on the run from law enforcement after an accidental shooting.

    Almost all of these 130 scenes feature operable firearms. 

    In the last two weeks of filming there have already been multiple "unscripted" discharges.

    Nine days in, the production's prop master fired a blank round at her own foot. Others on set have had guns jam and misfire.

    Members of the camera crew quit, citing safety concerns and describing a job "played very fast and loose".

    It's a strained and understaffed crew, but until lunchtime they're making it work.

    What happens after lunch will become the subject of high-profile legal proceedings involving the film's star, Alec Baldwin, and its armourer, Hannah Gutierrez-Reed.

    It will also result in the death of 42-year-old cinematographer Halyna Hutchins.

    Gunshot 'felt like someone hit me with a bat'

    After the break filming resumes, this time inside a "church set" on the ranch. 

    The scene calls for a close-up shot of Baldwin's hand, holding a Colt .45 revolver that had been stored "in the safe and in the truck" during the lunch break, according to a 550-page police report published later. 

    "[Special effects coordinator Thomas Gandy] recalls seeing the camera being adjusted to point directly at Alec's midsection where he had the holster and gun," the report says. 

    "Thomas said after that, Alec drew the revolver from his holster and pointed it at the camera, saying 'you looking at this', at which point he remembers the gun 'going off'."  

    Police and paramedics are called to the scene at 1:52pm.

    [911 call]

    Both Halyna Hutchins and the film's director, Joel Souza, have been shot, with the gun's ammunition passing through Hutchins's shoulder area and into Souza. 

    "[Key grip Reese Price] said the gunshot was loud," the report says. 

    "After the gunshot, Reese recalls seeing Joel bear crawl towards the pews and towards the back of the church. He then asked Joel if he was alright and Joel couldn't hear and was saying 'what, what'." 

    Souza later tells police the shot "felt like someone hit me with a bat". 

    "Joel remembers going back and forth about the shot with Halyna," the report says. 

    "Joel then began turning away from Halyna at which point he heard a loud 'pop' … He remembers seeing the crew assisting Halyna to the ground. [He] explained his thought process was, 'did Halyna get surprised?'

    "Joel stated at some point, he remembers the 'armourer' Hannah Gutierrez, standing over him hysterically, yelling 'I'm sorry, I'm sorry, I'm sorry'." 

    Hutchins is later pronounced dead at the University of New Mexico Hospital, while Souza is released from a nearby medical centre a short time later. 

    'No-one is above the law' as multiple lawsuits filed

    When news broke of the on-set shooting, it immediately garnered global attention. 

    Baldwin, 64, said he would be "fully co-operating with the police investigation to address how this tragedy occurred". 

    "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," he said on social media at the time. 

    Hutchins, a Ukrainian filmmaker, had already worked on more than 30 feature films and been named a "rising star” by American Cinematographer magazine in 2019. 

    Just days earlier, she'd backed a planned strike over poor working conditions led by the International Alliance of Theatrical Stage Employees.

    Her family filed a wrongful death lawsuit in February 2022, alleging cost-cutting and reckless behaviour on set, but reached a settlement with the film's producers in October. 

    The settlement meant Hutchins's husband, Matthew Hutchins, would take over as executive producer and earn a share of the profits.  

    Rust Movie Productions was issued a $US136,793 ($202,793) fine by the New Mexico Environment Department's Occupational Health and Safety Bureau, the maximum amount possible. 

    Baldwin, Gutierrez-Reed and the film's script supervisor, Mamie Mitchell, each filed their own civil lawsuits in the months following the shooting. 

    After repeatedly refusing to rule out criminal charges, New Mexico prosecutors announced on January 19, 2023 they would be charging Alec Baldwin and Hannah Gutierrez-Reed with two counts of involuntary manslaughter.

    "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," Santa Fe First Judicial District Attorney Mary Carmack-Altwies said in a statement. 

    "On my watch, no-one is above the law, and everyone deserves justice." 

    A rushed cast and allegations of 'negligent' conduct 

    Gutierrez-Reed, 26, was found guilty of involuntary manslaughter, but not guilty of tampering with evidence, in March 2024, and sentenced to 18 months in jail. 

    Prosecutors said she had failed to ensure the revolver contained only fake bullets or "dummy rounds", accusing her of being "negligent", "careless" and "thoughtless". 

    Live bullets had mixed in with the dummy rounds in a box of ammunition, prosecutors said, and one of those had found its way into the gun fired that day. 

    The original charges against Baldwin were dropped in April 2023, but a grand jury in New Mexico charged him a second time in January.

    Baldwin has denied responsibility for the shooting. He has maintained he did not pull the trigger on the gun, but only pulled back the hammer. 

    Special prosecutors have said a forensic reconstruction of the weapon found it could only go off if the trigger had been pulled. 

    "Mr Baldwin was inattentive during [firearms] training and spent time during the training on the phone with his family and making videos of himself shooting the gun for his family's enjoyment," they said in court documents. 

    "Upon arriving on set Mr Baldwin immediately began demanding the crew and the armourer work faster … In addition to rushing the cast and crew, Mr Baldwin was frequently screaming and cursing at himself, at crew members or at no-one and not for any particular reason. 

    "To watch Mr Baldwin's conduct on the set of Rust is to witness a man who has absolutely no control of his own emotions and absolutely no concern for how his conduct affects those around him." 

    They alleged he had gone "off-script" and pulled the trigger when the camera was not rolling. 

    Rust completed filming in May of 2023, but its release date remains unclear. 

    Mr Baldwin, Rust Movie Productions and other parties involved are alleged to be months late on a payment due to Matthew Hutchins and his son, Hutchins's lawyer Brian Panish told the New York Times. 

    Panish said the family was considering its options, which could include suing for breach of agreement or resuming the original civil suit. 

    A month before his involuntary manslaughter trial was set to go to court, Baldwin and his wife Hilaria announced plans for a reality TV series showcasing their home and family of seven children. 

    His lawyers have pushed for the case to be dismissed, but were rejected

    If found guilty he could be facing up to 18 months in prison.  

    Jury selection for the trial is to begin on July 9 local time. 


    ABC




    © 2024 ABC Australian Broadcasting Corporation. All rights reserved

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