The shooting of cinematographer Halyna Hutchins and wounding of director Joel Souza on the set of the Western film Rust.
In October 2021 Alec Baldwin became the focus of international news after being involved in the fatal shooting of Halyna Hutchins on the film set of “Rust” at Bonanza Creek Ranch, New Mexico. Bonanza Creek Ranch has been used as a Hollywood set for decades, including in “Butch Cassidy and the Sundance Kid” (1968). Other projects in New Mexico have said those using the sets have always adhered to strict safety and security protocols. Despite this, and against the backdrop of repeated complaints about safety on the set of Rust, Halyna Hutchins was killed after Baldwin was handed, and then fired an antique Colt .45 revolver containing a live round.
The gun was handed to Baldwin by the film’s Assistant Director Dave Halls who confirmed he failed to check all the rounds in the gun before calling out “cold gun” – the signal which normally indicates a weapon does not have live rounds in it.
The police in New Mexico immediately began investigating the accident last year and from the start the Santa Fe County Sheriff’s Department refused to rule out criminal charges being made against individuals. There remains little clarity on this as even so late as early October 2022, New Mexico prosecutors stated Baldwin himself (and three others) could still face criminal charges, and we should know more about this later this month when the final police report is expected.
Based on the findings in the police report, prosecutors will move to file criminal charges if it is deemed necessary.
From the get-go the legal ramifications of the shooting were not lost on Rust Movie Productions LLC who hired high-profile investigations law firm Jenner & Block in October 2021 to protect their interests (the law firm was behind the Chicago Blackhawks Hockey Team Report regarding sexual misconduct by a former coach). The production company is not, for all intents and purposes, a “real company”. Its chief purpose is to act as a funder for the film, and to grant legal protection to the directors. The individuals however are the ones controlling the film, and who are ultimately accountable for issues on set.
Although litigation was brought by Hutchins’ family against the production company, Baldwin and the producers of Rust have recently reached an undisclosed settlement amount with the family. The court will need to approve this before the case for wrongful death is dismissed.
Rust will resume filming in January 2023. Further lawsuits and legal action are still underway, having been brought by various crew members regarding safety on set. Baldwin and other producers deny any wrongdoing. In April 2022 the production company were fined a maximum civil penalty of $136,793.00 for wilful and serious violation of workplace safety procedures. The fine followed a report by the New Mexico Occupational Health and Safety Bureau which found the company knew firearm safety procedures were not being followed on set and were indifferent to employee safety since they failed to review work practices and to take corrective action. The Bureau is the federal agency responsible for workplace safety who routinely also investigate workplace deaths.
The production company are challenging this fine, saying it was not the responsible employer in this regard and that specific protocols were not up to the company to supervise:
“The law properly permits producers to delegate…firearm safety to experts in that field and does not place such responsibility on producers whose expertise is in arranging financing and contracting for the logistics of filming.”
Whilst the film was set to be a “low-budget” production, the six producers budgeted $650,000.00 to pay themselves (the fine was based off the film's $7 million budget).
Live Rounds and Historical Accidents
The Santa Fe police initial search warrant application showed the gun that killed Hutchins was loaded with live rounds and was one of three the film’s armorer had set on a cart near the scene. Those speaking out about safety concerns said that for this type of filming, live rounds should never be on set.
A cartridge/live round (colloquially, but wrongly known as “a bullet”) is made up of: a cartridge case, primer, gunpowder and a bullet. When the powder is ignited, the round is propelled through the barrel. A blank has no bullet. Live rounds are much more dangerous than blank ammunition, but when fired at close range, blanks can be just as deadly.
Even where no bullet is in a prop gun, projectiles such as gunpowder and gas can cause harm at a certain range. This happened on the set of “The Crow” in 1993 when Brandon Lee was killed after being shot with a prop gun.
Jon-Erik Hexum also died on set in 1984 after he put a prop gun loaded with blanks to his head as a joke and pulled the trigger (“Cover Up: Golden Opportunity”).
Safety Precautions
There is no definitive set of regulations, procedures or protocols for using firearms in film in the US. Furthermore, the US federal workplace safety agency apparently does not regulate gun safety on set. The industry has instead been tasked with developing and policing their own guidelines. These appear to be few and far between. Whilst everyone cites "standard procedures", these are not easy to find. Warner Bros has published its own firearms rules and the Actors’ Equity Association has its own safety tips, however these are rules specific to these organisations and it is unclear what rules others use, and whether any of these are meaningfully enforced.
What has been touted as industry-wide safety guidance seems to simply be The Labor Management Safety Committee’s 2003 four-page safety document which includes advice such as "Refrain from pointing a firearm at yourself or anyone else" and:
Anyone involved in using a firearm must be thoroughly briefed at an on-set safety meeting.
Only a qualified person should load a firearm.
Protective shields, eye and hearing protection should be used by anyone in close proximity or the line of fire.
Any actor who is required to stand near the line of fire should be allowed to witness the loading of the firearms.
Other industries are officially and publicly regulated with their own regulatory bodies to hold people to account. Official and public guidance for film is not obvious and it seems the onus is largely left on productions companies and studios to prepare and enforce appropriate safety. This would include ensuring experts are hired for munitions, and procedures such as on-set safety meetings and preparation of weapons are organised.
The workings of Hollywood remain a mystery to those of us outside of it.
Who is Liable?
Criminal cases for on-set deaths are rare. Following the 1982 deaths of adult and child actors on the set of “Twilight Zone: The Movie”, director John Landis and other filmmakers were found not guilty of involuntary manslaughter despite the production team having been held responsible in the past for labour and safety protocol violations.
New Mexico does not have a negligent homicide charge and in this case an involuntary manslaughter charge would be used instead. Involuntary manslaughter would mean a person unintentionally killed someone by being negligent or not exercising due care. The sentence is up to 18 months in prison with the chance of probation. The burden of proof is beyond reasonable doubt.
In late May 2022, Alec Baldwin said he will be owed an apology once the New Mexico district attorney releases their report of the shooting. His lawyers have followed the line that he does not have personal liability. What is key is whether Baldwin knew there was a live round in the gun, or that there could have been a live round in it. The key here is in knowing there was a possibility.
The fact the production company failed to follow any form of guidelines or take other effective measures to protect workers will most likely come into evidence which will probably also involve the multiple safety complaints made in the weeks leading up to Hutchins’ death.
Rust Movie Productions LLC denied knowledge of these complaints in a statement to The Los Angeles Times, saying they were not “made aware of any official complaints concerning weapon or prop safety on set” and would be “conducting an internal review of…procedures while production is shut down”.
Film producers have a duty to ensure crew safety. What Baldwin has labelled as a “one-in-a-trillion” event is normally very much avoided by ensuring appropriate safety procedures are in place and being implemented.
Post your thoughts, or questions in the comments.