Grand jury in New Mexico charged the actor for a shooting on Rust set that killed cinematographer Halyna Hutchins

Actor Alec Baldwin is facing a new involuntary manslaughter charge over the 2021 fatal shooting of a cinematographer on the set of the movie Rust.

A Santa Fe, New Mexico, grand jury indicted Baldwin on Friday, months after prosecutors had dismissed the same criminal charge against him.

During an October 2021 rehearsal on the set of Rust, a western drama, Baldwin was pointing a gun at cinematographer Halyna Hutchins when it went off, fatally striking her and wounding Joel Souza, the film’s director.

Baldwin, a co-producer and star of the film, has said he did not pull the trigger, but pulled back the hammer of the gun before it fired.

Last April, special prosecutors dismissed the involuntary manslaughter charge against Baldwin, saying the firearm might have been modified prior to the shooting and malfunctioned and that forensic analysis was warranted. But in August, prosecutors said they were considering re-filing the charges after a new analysis of the weapon was completed.

  • Ð Greıt Þu̇mpkin@lemm.ee
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    10 months ago

    I’m like 90% sure now that the absolutely glacial pace this is moving at confirms that the only reason verdicts come down so quickly in most other cases is because most accused can’t afford the court and lawyer’s fees to keep fighting for as long as they realistically could.

    • bamboo@lemmy.blahaj.zone
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      10 months ago

      Except if your name is Trump. Somehow he’s able to drag out all his court cases and not pay his lawyers.

      • Ð Greıt Þu̇mpkin@lemm.ee
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        10 months ago

        That I chalk more up to how pants shittingly terrified judges are of setting a new precedent, let alone one as impactful as jailing a former president. None of them want to be the guy who goes down in history as having locked up a major political figure without the most air tight case imaginable.

          • Liz@midwest.social
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            10 months ago

            He also has just straight-up admitted to other big crimes on camera as well.

        • Xanis@lemmy.world
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          10 months ago

          Yo fuck it. Make me an honorary reader of the judicial order to send Trump to prison. I’ll do it on National television. Just haul my ass to Australia or something afterwards so I can avoid the crazed MAGA mobs.

        • MrMcGasion@lemmy.world
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          10 months ago

          Also being a lawyer for a famous person is a great way to pivot into more lucrative life paths, as demonstrated by Robert Kardashian.

  • Dark Arc@social.packetloss.gg
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    10 months ago

    This from the start has seemed to me like a prosecutor trying to make a name for themselves by taking down a famous person.

    If you’re doing a scene where you throw acid on somebody is the person throwing the acid supposed to check to make sure it’s not actually acid before they throw it?

    Should they check to make sure the knife they’re about to stab someone with is actually a prop?

    If you get to the person who’s been told to “do this action convincingly” and you want them to double check all the safety work you’re doing it wrong. Their job isn’t making sure they’ve been given safe tools, it’s using safe tools to make someone that’s fake but convincing.

    Everyone in the armoring company should be charged with murder … but Alec Baldwin did not put live rounds into a gun. He went into work, did his job, and because other people screwed up someone got shot. Maybe the industry itself needs to change but that shouldn’t be Alec Baldwin’s problem. That’s not justice.

    • CaptainProton@lemmy.world
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      10 months ago

      But you’re right, and the management who kept ignoring problems is going to be tried here. It just so happens that the producer was also an actor and happened to be the one given a bad prop. Alec was the manager of everyone: he hired people, and decided they were doing a good enough job. After employees complained about safety problems, he ignored them. After people QUIT over those safety problems, he continued ignoring them. Alec the producer is the one on trial, not Alec the actor.

    • Maggoty@lemmy.world
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      10 months ago

      Baldwin was in charge. He wasn’t just an Actor. He took several actions that made the set less safe that day.

    • krolden@lemmy.ml
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      10 months ago

      He’s being charged because he was an executive producer not because he pulled the trigger

      • theyoyomaster@lemmy.world
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        10 months ago

        He’s being charged for pointing a gun at someone and pulling the trigger. Him being an executive is an argument against the “I was told it was unloaded” defense. NM law is clear on criminal negligence with a firearm and there is no movie production exemption. Being handed a gun by someone else who says it is safe does not negate liability under the law. His failures as a producer with prior safety lapses and incidents leading up to the tragedy are important as well, but at the end of the day he pulled the trigger and that’s what he is being charged for.

      • kent_eh@lemmy.ca
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        10 months ago

        Executive producer typically means you are the money behind the project, not that you have hands-on control of the daily details.

        • nomous@lemmy.world
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          10 months ago

          EP credits can be given for any number of reasons and their impact on the project varies greatly.

          Some do nothing and just put up some cash, some are involved in every action/word in the script and will always be on setn

    • restingboredface@sh.itjust.works
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      10 months ago

      Well my understanding is that he was an executive producer on the film, which is a leadership position that impacts decisions on hiring staff like armory/weapons consultants.

      As an actor he’s probably not responsible but as EP he is .

      • Furedadmins@lemmy.world
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        10 months ago

        There are 14 producers on this movie, and bdwin was not the executive producer according to IMDB. None of the other producers who were actually most likely responsible for those decisions are facing charges. It’s simply because Baldwin is an opponent of trump and the prosecutor wants to gain political influence and notoriety.

        • Dagwood222@lemm.ee
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          10 months ago

          Exactly. If everyone involved was on trial, it might be reasonable. They happened to pick the guy Donnie hates.

    • dangblingus@lemmy.dbzer0.com
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      10 months ago

      The cinematographer wasn’t an actor. They weren’t rolling. Why would you aim a (ostensibly prop) gun at somebody during a time when the cameras weren’t rolling and they’re not an actor?

      • RedAggroBest@lemmy.world
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        10 months ago

        Because they were doing a camera test. The gun was drawn and pointed in the direction of the camera, which had people behind it because there weren’t supposed to be live rounds in the gun.

        I thought this had been settled that it was the fault of the master amorer who was wholly unqualified to be doing the job.

        • BrianTheeBiscuiteer@lemmy.world
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          10 months ago

          There is blame from the armorer for sure, but I thought I heard something about real guns being on set to shoot for practice. Don’t take my word on that. If that was the case I do think Alec should take part of the blame, because real weapons have no place on a set. If you want actors to have target practice you take them to a gun range.

            • chaogomu@kbin.social
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              10 months ago

              The set was not meant to have any live ammo. It was a “cold” set.

              The live ammo actually came from the prop supply company, co-mingled with dummy rounds.

              The live rounds were re-loads into casings that would normally be dummy rounds, because a previous film used them to train the actors how to react to live fire from their guns.

              The live rounds were then turned over to the prop company at the end of that film, and at some point became co-mingled with dummy rounds and then sent out to the Rust film location.

              The armorer should have checked every dummy round. But didn’t even know how to do so. The re-loads were also slightly different looking than the standard dummy round. (red paint in the logo vs blue for the dummy)

              As a note, when questioned by police, the armorer didn’t even know the name brand of the dummy rounds.

              • Ook the Librarian@lemmy.world
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                10 months ago

                I’m sorry. I don’t mean to sound rude. That didn’t address my question. I do appreciate all those facts gathered concisely.

                My question was more to the tune of: Did Baldwin have any reason to doubt the common assumption

                The set was not meant to have any live ammo. It was a “cold” set.

                It seems if the first Baldwin ever heard of this rule being broken was at the moment of the accident, then I can’t see how anyone argues that he should be accountable. But I was asking is there any paper trail or something where he was complaining about the armorer or something?

                • chaogomu@kbin.social
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                  10 months ago

                  The set was cold.

                  There was no reason anyone would have expected live rounds, because live rounds are legally banned on movie sets.

                  Especially live rounds in Starline Brass casings, because Starline Brass doesn’t make live rounds, they only make dummy rounds.

                  The bullet that Baldwin fired was from a Starline Brass casing, and had the logo on the end next to the primer.

                  https://variety.com/2021/film/news/rust-investigators-live-rounds-alec-baldwin-1235122384/

                  This has all been known for years. The round looked like a dummy, but was not.

          • RedAggroBest@lemmy.world
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            10 months ago

            There weren’t supposed to be any ammo capable of fire. The round was even a fucking reload of a dummy casing that went untested because the armorer was an incompetent idiot who got someone killed.

        • Maggoty@lemmy.world
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          10 months ago

          Who was hired by Baldwin, and who complained to Baldwin that he wasn’t letting her do her job. She was unqualified and she still identified the dangerous situation. The biggest problem for her was not resigning in protest.

          • chaogomu@kbin.social
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            10 months ago

            Baldwin didn’t hire the armorer, she got the job through family connections.

            She was also incompetent. She didn’t know how to test the dummy rounds to see if they were live, she didn’t know the name brand on the dummy rounds.

    • replicat@lemmy.world
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      10 months ago

      If you’re doing a scene where you throw acid on somebody is the person throwing the acid supposed to check to make sure it’s not actually acid before they throw it?

      Should they check to make sure the knife they’re about to stab someone with is actually a prop?

      I think any reasoning person would say the answer is “yes”. Ultimately you are responsible for your own actions.

      Think about it like this, remove the context of this being a movie. Your friend hands you a gun and says it’s not loaded, should you check before firing the gun at someone? Your friend hands you a bucket of “not acid” and tells you to throw it on someone. Do you check that it’s really not acid first?

      It seems like the suggestion is that the film set is removing these base line responsibilities for our own actions and I don’t think that’s very reasonable.

      • RedAggroBest@lemmy.world
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        10 months ago

        There’s a specific reason the actors aren’t supposed to check the gun. They cannot do anything that might fuck with a prop and fucking kill someone. They are to only use the weapon they’ve been given as instructed. It’s the job of the master armorer to ensure that all weapons, prop or otherwise, are properly handled.

        This is protocol so it’s clear who’s at fault when an incident like this happens because they can just trace chain of custody. If Baldwin had checked the gun or handled it in any way other than instructed, he would be liable.

      • Dagwood222@lemm.ee
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        10 months ago

        By that logic, if someone drives a car with poor brakes and those defective brakes fail causing an accident, the driver is at fault.

        • replicat@lemmy.world
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          10 months ago

          In a commercial situation like a monster truck exhibition, there is president that the operator can be held liable for foreseeable mechanical failure that injures people.

          This wasn’t a kid playing with his mom’s gun. It was a commercial production.

      • kent_eh@lemmy.ca
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        10 months ago

        Your friend hands you a gun and says it’s not loaded, should you check

        Is your friend a professional armorer whose job it is to keep everyone involved safe?

    • bluewing@lemm.ee
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      10 months ago

      Even as an actor, if you are handed a replica of a deadly weapon you have a responsibility to make sure it is functioning properly and safe. And every actor should know that those firearms they get handed are most often real and can fire real ammunition. In such an environment, (particularly if you are also a producer - aka management), YOU are the final safety step before the director yells Action!

      The “I didn’t know it was loaded” is never a legal excuse for anyone at any time.

      • chaogomu@kbin.social
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        10 months ago

        Except that’s not how it works at all.

        Proper procedure is for the prop master and armorer to be responsible for making sure the weapon is safe. They will then hand it off to whoever, and will loudly announce “cold gun”.

        The gun can be handed to an assistant or the actor, if it is passed to an assistant first, when they hand it over to the actor they, too, must announce “cold gun”.

        This lets everyone on set know that the gun has been verified safe by the armorer.

        Baldwin was handed a gun, and the person handing it over loudly announced “cold gun”. He was then expected to treat it like it was not loaded, because he was loudly told.

        The reason why you hire an armorer in the first place is because you don’t want your actors to think they know how to handle weapons. You want positive control of every weapon on set.

        That broke down on the Rust set.

        The story of how that broke down on the Rust set is actually quite interesting. It was a combination of nepotism (the armorer was the daughter of a famous armorer, and got the job through her dad’s connections) and the complete failure on the part of a prop company.

        See, the live rounds were reloads, loaded into the exact same casings as the dummy rounds normally used. The reason the reloads were made was actually valid. A different armorer on a different film shoot made them to let the actors of that film get an idea of how the guns they were using would actually kick.

        At the end of that film, the live rounds got co-mingled with the returned dummy rounds, and then those co-mingled rounds were rented out to the Rust production.

        The armorer for Rust should have caught these rounds. They were not completely identical to the dummy rounds. But this was her second film, and she had never actually worked with live ammo.

        When questioned by police after the shooting, she didn’t even know the brand name on the dummy rounds.

        Anyway, she had prepped the gun for filming, and then the assistant director took it from her cart and handed it to Baldwin, announcing “cold gun”. The assistant director did not check the gun either, he just grabbed it and handed it off.

        As a note, there were not supposed to be any live rounds, or even any blanks on set. Just dummy rounds.

        The other failure here was actually sort of on the victims. Industry standards for filming scenes like that is to use a monitor, and not have anyone standing in the potential path of a bullet, even if there are no bullets. The cinematographer and director were both standing behind the camera. Mostly because setting up a monitor takes time, and they were under a bit of a crunch to get the scene filmed.

        • bluewing@lemm.ee
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          10 months ago

          In the US, “I didn’t know it was loaded” is not a legal excuse. Try it in court yourself and see how far it gets you.

          The VERY first rule about firearms is that 'All guns are treated as if loaded at all times". And you NEVER trust anyone when they tell you it’s unloaded. You check yourself to be sure. This includes a prop gun handed to you by a prop person who announces “cold gun!” It takes mere seconds to check it yourself. No excuses…

          Your last paragraph shows even more negligence on the part of Baldwin. He broke another cardinal rule of gun safety by pointing an assumed unloaded gun at something he wasn’t intending to destroy or kill. And coupled with supposed rush to film, added to the complete breakdown of basic common sense firearms safety rules.

          There was negligence all around that ended at Baldwin. And no one else gets away with that much negligence, (remember he was also a producer - The Boss), in a fatal “accident” and doesn’t get tried in court. Because Baldwin is famous and rich should not prevent his day in court.

          • chaogomu@kbin.social
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            10 months ago

            You’re confusing the firing range for the movie set.

            There are different rules, and in fact, there have been court cases saying that responsibility for the weapon being safe or not is completely on the armorer.

            Baldwin was told “cold gun”. That’s how movie sets communicate a safe weapon. Full stop.

            The great example is if an actor is supposed to throw acid on someone for a scene, do you expect the actor to check that it’s actually water? Or do you expect the person who is paid to check it to make sure?

            Baldwin followed industry procedure of accepting a weapon that was declared cold. It was handed to him by the Assistant Director, the person normally tasked with ensuring safety on set.

            • bluewing@lemm.ee
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              10 months ago

              Again “I didn’t know it was loaded” is not an acceptable excuse in a court of law when someone dies. And as a producer, Baldwin was also a boss of the movie. He also shares a responsibility to make sure competent people are hired to do dangerous jobs. He also broke your industry protocol when he pointed that gun directly at other people when he pulled the trigger during a break in filming. He very much appears to culpable for a good amount of the negligence that got someone killed.

              He needs to be charged and go through the legal process like anyone else would be, (hence the involuntary homicide charge). He should get no pass because he’s a rich and famous actor. If the court says it wasn’t or was his fault, then fine. The evidence was heard and the court rendered a legal decision and it’s done.

              • chaogomu@kbin.social
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                10 months ago

                It was loaded with dummy rounds, and one real round.

                Can you tell the difference with a glance? No? And you expect actors to be able to tell?

                He wasn’t just fucking around with the gun, either, he was working with the director and cinematographer for a camera test.

                The three of them were walking through the motions that would be used for the actual scene, complete with costumes and props. They were trying to get the positioning and lighting right.

                I don’t know why this is so hard to understand for you.

                And again, he doesn’t need to go through any process, because the precedent here is clear. The armorer is the person with the full responsibility for making sure that the weapons on set are safe. She was the one who loaded the gun.

                If this happened in any other state, Baldwin would never have been charged. But it’s New Mexico, and Baldwin made fun of Trump. The prosecutor is trying to make a name for himself by going after someone Trump hates.

                • bluewing@lemm.ee
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                  10 months ago

                  Yes, I can. And anyone who is going to handling dangerous items needs to be trained in properly handling them safely at all times. Even a complete novice can easily tell the difference just by looking, particularly after being shown how - it ain’t rocket surgery. And it takes mere seconds to make that check. Being an “actor” is NOT a valid excuse. Job safety is a real thing. And it runs from the top down to the end users. And Baldwin failed the safety part on two counts - being a boss on the movie by making or allowing a bad hire for an important safety job and as the end user.

                  He STILL broke a rule about safety on the set. Don’t point guns directly at people - even movies sets have rules about that according to you.

                  And yes, the set armorer has primary responsibility for firearms safety on set. But that responsibility doesn’t end there - it continues down the line of EVERYONE who is involved with the scene.

                  Nor do I understand the fear of Baldwin being charged. If, as you say, there is precedent for his innocence, then his money and fame should guarantee a not guilty verdict.

                  As far as the “political witch hunt” goes - maybe it is, maybe it isn’t. That’s another topic IMO. Perhaps those other states that wouldn’t press charges against a famous actor just value the money that a movie production brings in more than the life of any person. The entertainment industry as a whole gets by with a lot of shady shit that simply would not fly in any other industry. And all because of the money it brings in. California is probably the worst transgressor of this. There is billions of dollars riding on looking the other way in Hollywood. And that’s NOT a political statement - that’s just a lot of cold hard cash talking.

  • FluffyPotato@lemm.ee
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    10 months ago

    Is there a reason they had a gun loaded with actual bullets or even actual bullets on the set? Isn’t like everything in movies done with blanks?

    • maness300@lemmy.world
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      It’s my understanding the person in charge of making sure weapons were loaded with blanks had issues with using real rounds in the past.

        • gooble@lemm.ee
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          It’s armorer Hannah Gutierrez Reed, and she has been charged with two counts of involuntary manslaughter, and tampering with evidence. The trial starts next month and she could face up to three years in prison if convicted.

      • nutsack@lemmy.world
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        You’re supposed to check the chamber that’s how guns work you empty them and you look at them and you look at them and empty them again and that’s what happens and the chamber it’s not in the clip it’s in the chamber that’s where the bullet is that’s why you shoot it

    • Illuminostro@lemmy.world
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      10 months ago

      The crew were target shooting with the weapon in their off time. They were also drinking and using cocaine. Someone missed the live round.

    • ExLisper@linux.community
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      10 months ago

      It’s US, live bullets are just everywhere, real guns are everywhere (in Europe prop guns use different caliber, you can’t use them with live ammo). Movie sets are no exception.

  • deegeese@sopuli.xyz
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    10 months ago

    He hired the cheapest firearms manager, tolerated crew playing with real bullets, and so when he’s handed a loaded gun, it’s a direct result of his own mistakes.

    • lennybird@lemmy.world
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      Lowest bidder aside, how is this clearly not the armorer’s fault front and center? It was her responsibility to handle the set props. What Baldwin paid them is irrelevant to what she claimed she could provide and was obligated to provide under contract.

      She is literally the one to (a) claim the firearm was safe, but (b) load it with live ammunition.

      ???

      • CptEnder@lemmy.world
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        Work in the industry, doc side but this is pretty basic producer stuff. This is 100% on the armorer and the only reason they keep trying to charge Baldwin is the legal grey area of the state they filmed in. Had this happened in a state with more production (Georgia, Louisiana, California) there would be a more direct way for prosecutors to go after the correct person. Georgia and California specifically has legal precedent from deaths on set like this.

        One of the reasons credits are so long is because we hire people to maintain a safe set - think of it like a foreman for safe worksite in construction (which we also hire often). We hire a ton of people for safety from actual police to medics and rescue personnel.

        Hiring an armorer is SPECIFICALLY to avoid situations like this. Because the production company is like “hey you know what? I don’t think me, some producer knows how to use a gun safely, I should hire someone who’s certified to do that.” It’s not some token job, they’re supposed to be trained on how to properly load the powder of the blank rounds, how to mark and flag hot guns and dead props, and pretty fucking much rule #1A is never bring live ammo anywhere near your set.

        Baldwin should not be held criminally liable and any half decent entertainment lawyer will settle that. Now civil liability, that’s certainly more realistic. But even then it should be the production LLC not any 1 person.

        • lennybird@lemmy.world
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          10 months ago

          In your experience, have you ever seen the responsibility of set prop safety fall on the producer and not be delegated to someone else? Based on what you write here, I assume not which would confirm my initial belief.

        • rottingleaf@lemmy.zip
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          10 months ago

          This is 100% on the armorer

          … Except for one other guy taking a gun he knew nothing about, pointing it at a person and pulling the trigger.

          No, I think they are both guilty. Obviously not equally.

          If the common judicial practice is different - then maybe some day there’ll be a new precedent.

          • kungen@feddit.nu
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            10 months ago

            Sure, it’s a responsible viewpoint to assume that any gun is loaded and dangerous, even until the moment you yourself have cleared it… but the case is lacking mens rea, because who in their right mind would put a hot gun as a prop on a film set? While Baldwin killed Hutchins, I find it hard to draw any criminal negligence from it.

            • rottingleaf@lemmy.zip
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              While Baldwin killed Hutchins, I find it hard to draw any criminal negligence from it.

              There’s one nuance there, they weren’t filming or something. They were playing with that gun. While the armorer is to blame, if they’d show a little respect, one person would be alive.

      • thefartographer@lemm.ee
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        10 months ago

        It’s essentially a question of “who’s in charge around here and whose ass will be on the line?” Nearest example I can think of is if your boss tells you to deliver something and you get into a car accident, your work covers you with their insurance (USA!)

        Even more concisely summed up with an incredibly apropos phrase, “if you give a monkey a gun, you don’t get to blame the monkey when someone gets shot.”

        • DragonTypeWyvern@literature.cafe
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          He was far from the only producer. Quite frankly I doubt very much he did any real work besides acting.

          The liability belongs to the company as a whole, absent some slam dunk of a memo where Baldwin personally said “Hire this lady, she’s my cousin’s kid, also I personally know she falsified her credentials but fuck it.”

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        One of the biggest rules of gun safety is treat every gun as if it’s loaded even when as far as you know it isn’t. Regardless of how you think the ratio of culpability falls or who should be held legally accountable, he is at least partially responsible because he was the person holding the gun and aiming it at someone.

        • chaogomu@kbin.social
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          10 months ago

          That’s rule number one on the shooting range, It’s not quite the same in film or on stage.

          In those cases, actors have to trust their prop master or armorer.

          Those are the people specifically hired to make sure the gun or the bullets are fake.

          Baldwin was handed a gun, and specifically told that it was cold. The person handing it over even called out for the entire set that it was a cold weapon. The director then immediately called places. Because that’s how it works.

          But the gun was not cold.

          Now, the person whose job it was to maintain those weapons was incompetent. Baldwin didn’t hire her, he didn’t hire anyone. He was one of 10 producers and mostly handled fundraising and script changes.

          But he made fun of Trump a few times, and was involved in a gun death in a Trump friendly area. In California the armorer would be facing these charges, and would have faced them as soon as the initial investigation was over, not several years later.

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            10 months ago

            Baldwin was handed a gun, and specifically told that it was cold.

            Source please? Everywhere I’ve read about this it was said that he took a gun to play with it. Not a part of any procedure.

            Of course if it was like what you are describing, then I’m wrong.

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                The trio behind the monitor began repositioning the camera to remove a shadow, and Baldwin began explaining to the crew how he planned to draw the firearm.[10] He said, “So, I guess I’m gonna take this out, pull it, and go, ‘Bang!’”[12] When he removed it from the holster, the revolver discharged a single time. Baldwin denied pulling the trigger of the gun, while ABC News described a later FBI report stating that the gun could only fire if the trigger was pulled.[41][42] Halls was quoted by his attorney Lisa Torraco as saying that Baldwin did not pull the trigger, and that Baldwin’s finger was never within the trigger guard during the incident.[43] When the gun fired, the projectile traveled towards the three behind the monitor. It struck Hutchins in the chest, traveled through her body, and then hit Souza in the shoulder.[11][37][44] Script supervisor Mamie Mitchell called 9-1-1 at 1:46 p.m. PT and emergency crews appeared three minutes later.[12] Footage of the incident was not recorded.[34]

                My memory changed it a bit, but thanks for your link, as the quoted part is what I was trying to remember.

                • chaogomu@kbin.social
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                  10 months ago

                  Did you miss the part a bit earlier where it said he was handed a gun and told it was cold?

                  The fact that he was asking questions of the director about how he was going to draw and “fire” the gun is pointless, because everyone on set thought it was cold.

                  According to a search warrant, the guns were briefly checked by armorer Gutierrez-Reed, before assistant director Halls took the Pietta revolver from the prop cart and handed it to Baldwin.[38][39] In a subsequent affidavit, Halls said the safety protocol regarding this firearm was such that Halls would open the loading gate of the revolver and rotate the cylinder to expose the chambers so he could inspect them himself. According to the affidavit, Halls said he did not check all cylinder chambers, but he recalled seeing three rounds in the cylinder at the time. (After the shooting, Halls said in the affidavit, Gutierrez-Reed retrieved the weapon and opened it, and Halls said that he saw four rounds which were plainly blanks, and one which could have been the remaining shell of a discharged live round.)[40] In the warrant, it is further stated that Halls announced the term “cold gun”, meaning that it was empty.[38] Halls’s lawyer, Lisa Torraco, later sought to assert that he did not take the gun off the cart and hand it to Baldwin as reported, but when pressed by a reporter to be clear, she refused to repeat that assertion.[41]

      • n3m37h@sh.itjust.works
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        10 months ago

        Rule 1 of gun safety, check the gun you’re handed for any ammunition.

        What else needs to be said?

        Everything else is its own issue to be dealt with.

        He was given a firearm, did not do HIS due dilligence by checking the gun. He killed a fucking human being. . End of story

        • ImFresh3x@sh.itjust.works
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          Can’t really expect that any more than you expect that Macaulay Culkin in Home Alone personally made sure the paint buckets he swung at Joe Pesci were actually empty. It’s just not how it works.

          It’s up to the props people, in this case the armorer.

          • n3m37h@sh.itjust.works
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            10 months ago

            Youre forgetting the 50 year age difference, I dont expect anyone under the age of 15 to be responsible for setting anything up on a set. It takes 10 seconds to check a gun for blanks vs bullets. Frankly anyone who handles a gun anywhere be it real or have which blanks should know the difference and should check.

            This particular model you could not see any bullets so how hard would it be to open the cover and rotate the cylinder 6 times?

            Blanks are just as dangerous as real bullets just at different ranges.

            Alec has been around guns for how long? And didnt learn basic gun safety?

            Íve had to follow safety rules in every job ive been on. Ive uses just about every tool including both air and propane nail guns and the first rule is dont point it at anything tou dont plan on nailing and that has safety to prevent it from firing if not against an object.

            So why are actors any different? They get paid a fuckload more then me and dont have to follow safety and often make others do dangerous shit stunts and dont get salaries or recognition the actors do.

        • Ghostalmedia@lemmy.world
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          10 months ago

          I honestly would not expect a bunch of Californian actors to know that. You’re often not dealing with a crowd of people who grew up hunting or at the range. You’re dealing with people who hire an armorer to bring that expertise to the set.

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            10 months ago

            99% of people who incessantly spout out Da Rules on the Internet have never held a gun in their life, and would be more likely to ND than the average youtube shorts guntuber

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            10 months ago

            I grew up in fscking Moscow and have never shot one live round, but I know the same rules (because they apply for anything remotely similar, including toy pneumatic guns with which you can leave someone without an eye, construction guns, toy bows and crossbows …).

            The armorer is 100% guilty, but that’s not the same as saying that 100% of guilt is on the armorer.

        • starman2112@sh.itjust.works
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          10 months ago

          The rules of firearm safety apply when your buddy is showing off his new canik, not when you’re a professional on a movie set. A million other actors have ignored those rules on a million other sets, and it’s typically perfectly safe because the armorers know what they’re doing, and the crew isn’t bringing live rounds on set.

        • negativeyoda@lemmy.world
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          10 months ago

          I mean… by this metric Michael Massee should have done time for shooting Brandon Lee during the filming of The Crow.

          • bamboo@lemmy.blahaj.zone
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            I thought they were using blanks with Brandon Lee, but there was something with either the distance that it was fired or something messed up with the gun which became a projectile and fatally shot him? The two instances do seem similar but my memory of the events surrounding Brandon Lee’s death was that the blame fell on the prop department and unless the actors were experts, they wouldn’t have known the risk involved.

            • Buddahriffic@lemmy.world
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              There’s two types of fake rounds they were using: one that had the bullet but no gunpowder or primer (to look like a realistic bullet in close-ups, since it was a revolver) and the opposite with no bullet but with powder and primer, for scenes with shooting.

              They didn’t do the first ones properly and left the primers on. This round was fired, which set off the cap and fired the bullet with just enough force for it to get stuck in the barrel (which is similar diameter as the bullet for rifling). Then, the same gun was loaded with a blank round to use in a scene. It was aimed at Brandon Lee and fired, the force of the powder was enough to dislodge the bullet from the barrel and hit Brandon fatally.

              With this particular issue, you can’t just look at the bullets to tell if it’s safe (plus half of the fake rounds looked like real ones anyways), you need to also clear the barrel.

          • rottingleaf@lemmy.zip
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            No, there was a rare accident with one blank pushing out a piece of the previous blank stuck or something.

        • kungen@feddit.nu
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          Yeah, the director and editors are gonna love you making sure your props are cleared every single shoot.

          • starman2112@sh.itjust.works
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            “Sure, we’re 15% over budget and two weeks behind schedule, time is tight as hell, but I have to check this firearm that the armorer already verified is cold just in case we’re the third ever fatal ND on a movie set”

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        10 months ago

        He is the producer.

        Hi hired her. He tolerated crew using real bullets on set for playing target practice during down time.

        The boss created unsafe conditions, and killed his employee through negligence.

        • lennybird@lemmy.world
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          I find that to be a pretty big leap. When she took the role of armorer she assumed all responsibility on set to ensure the safety of the crew, which was the entire point in Baldwin hiring someone to that position in the first place. Her gross negligence if not outright fraud is a result of her own actions and nobody else.

          At most I’d give 20% responsibility to Baldwin for not examining her background more closely.

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            10 months ago

            I completely agree with you that technically the armorer is at fault traditionally in these types of situations and a jury may in fact find that to be true in the eyes of the law eventually, but I find it interesting that in this case the armorer was a younger attractive female on a rough n tumble set and I can only assume there was pressure on her from the other people there shooting if not Baldwin himself to go shooting. Hell she may not have even known the guns were used but that’s not really an excuse.

            What is a meditating factor is what Baldwin said, told her and ordered her to do. Remember he’s her boss. I’m assuming there’s evidence he told her to do blah. If so imo he deserves more than 20%.

            • lennybird@lemmy.world
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              The way I see it, if your responsibility is the safety of firearms and someone tells you to violate that responsibility, that reflects a lot on you and you’re not cut for the job. If there is a contradiction between what the boss tells you and that which you’re held liable for, you better choose wisely. You’re hired for this role specifically when death is on the line no less.

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            I would still say Baldwin is at fault since he wasn’t doing what he could to ensure safety on the set with real guns and live ammunition. The armorer fucked up 100% for sure, but they shouldn’t be the first and last line for following safety policies and SOPs - anybody in a leadership or managerial role should also be enforcing it.

            • lennybird@lemmy.world
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              I find it highly unlikely that a film producer is going around checking weapon props on the vast, vast majority of Hollywood sets. I would be shocked if that ever happens.

              • Poggervania@kbin.social
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                He doesn’t need to check them, but he can certainly go “hey, make sure we’re following safety protocols!” so others can actually do that work - or at least, Baldwin can cover himself by saying he was trying to follow safety protocol.

                You say it’s the armorer’s fault (which it is), but Baldwin still could’ve done more to ensure safety on his end without checking every weapon prop like you said. Ask yourself: if the people in charge don’t follow policy and procedure, do you think the people below them would?

                • antonim@lemmy.dbzer0.com
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                  10 months ago

                  if the people in charge don’t follow policy and procedure

                  What policy/procedure did Baldwin not follow exactly?

                • lennybird@lemmy.world
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                  Ok. I’d hate to have employees who need convenient scapegoats to deflect their basic job responsibilities for which they were, you know, hired.

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            10 months ago

            Why do you think the grand jury, which certainly has seen more evidence than you, felt differently?

            • lennybird@lemmy.world
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              The Grand Jury is subject to a narrow perspective of evidence framed solely by the Prosecutors. The bar is pretty low.

              If Grand Juries were fullproof, why even proceed to a trial…?

              And it’s quite possible I’m missing something, sure. I don’t really have a horse in this race either way.

            • starman2112@sh.itjust.works
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              10 months ago

              A grand jury found him guilty! I guess that settles it!

              Maybe you shouldn’t comment on things that you don’t know the first thing about

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          Baldwin was one of 10 producers and was not the hiring director. He, in fact, hire her.

          I’ve heard that there were live fire practices on set, but could never back that up.

          What I did find the last time this came up was a write-up about how there were reloads intermixed with the dummy rounds, re-loads that had been used on a completely different film shoot, where the actors of that film were walked tough some target practice with live rounds, so that they would better understand how a gun firing live rounds would kick.

          Then a coffee can full of mixed live and dummy rounds ended up kicking around for a couple of years before being sent out to the Rust filming location, and the armorer didn’t know how to check the bullets. Or didn’t know that she had to. She was told that everything sent was a dummy round.

          There were a bunch of live rounds found mixed into props, including Baldwin’s ammo belt.

          All of them looked like the standard dummy round.

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          10 months ago

          real bullets. . .
          playing . . .

          That’s fucked up.
          I find it very hard to understand the attitudes some people have towards firearms.

    • chaogomu@kbin.social
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      10 months ago

      The thing is, he’s not the one who hired her.

      He was one of 10 listed producers on that film, and was not the hiring director.

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        10 months ago

        He’s the one who just took a gun laying nearby (without asking anyone about it being normal), jokingly pointed it at a person and squeezed the trigger.

        People defending him seem to think that “criminal stupidity” is not a thing.

        • TheFonz@lemmy.world
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          10 months ago

          This is not accurate. At.all. it’s really funny how much stuff gets repeated online without any evidence. Social media is just one big game of telephone

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              Where exactly in that quote does it say he took a gun laying nearby without asking anyone about it, jokingly pointed it at a person, and squeezed the trigger? Literally none of what you said happened according to that quote. Do you wanna maybe delete the misinformation in your comments?

            • Fal@yiffit.net
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              Are you saying that quote is where you got what you said from? Because it doesn’t say anything like what you said

        • chaogomu@kbin.social
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          Um no. That’s a blatant lie.

          He was handed a gun, and told it was cold.

          According to a search warrant, the guns were briefly checked by armorer Gutierrez-Reed, before assistant director Halls took the Pietta revolver from the prop cart and handed it to Baldwin.[38][39] In a subsequent affidavit, Halls said the safety protocol regarding this firearm was such that Halls would open the loading gate of the revolver and rotate the cylinder to expose the chambers so he could inspect them himself. According to the affidavit, Halls said he did not check all cylinder chambers, but he recalled seeing three rounds in the cylinder at the time. (After the shooting, Halls said in the affidavit, Gutierrez-Reed retrieved the weapon and opened it, and Halls said that he saw four rounds which were plainly blanks, and one which could have been the remaining shell of a discharged live round.)[40] In the warrant, it is further stated that Halls announced the term “cold gun”, meaning that it was empty.[38] Halls’s lawyer, Lisa Torraco, later sought to assert that he did not take the gun off the cart and hand it to Baldwin as reported, but when pressed by a reporter to be clear, she refused to repeat that assertion.[41]

          People attacking him just make shit up left and right.

          • rottingleaf@lemmy.zip
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            Maybe we do, it’s confusing that when somebody points a gun at another person which he hasn’t personally checked and pretends that somebody had to check it instead of him and that absolves him, some people think he’s right.

            • chaogomu@kbin.social
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              So, you admit you’re just making shit up to paint Baldwin in a worse light?

              You also admit you have no fucking clue how stage and film work?

              Because pointing a gun at someone for a film is allowed, because the production hires actual experts who are legally responsible for making sure that any weapon handed to an actor is safe. The armorer in this case was incompetent, and got the job because her father was a damn fine armorer and had connections.

              Do note, that while Baldwin was a producer on the film, he was one of 10 producers, and never handled hiring. His main duties were fundraising and minor script changes.

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                10 months ago

                I started with recalling that the accident happened when he was waving the gun for expressiveness. Then my memory went off track, like it often happens, because the general idea of somebody using a real weapon for expressiveness for me is very irresponsible.

                That core part turns out to still be correct. The rest not.

                Also you are making it sound as if having a real shooting gun on a set at all was so bloody necessary and unavoidable that it doesn’t make sense to teach people holding it basic rules.

                • chaogomu@kbin.social
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                  10 months ago

                  waving the gun for expressiveness

                  See, that’s the first place your memory was wrong. Because that core part is in fact wrong.

                  He was rehearsing a scene with the director. Asking questions about where to stand and how to draw and aim the gun.

                  The real gun on set was because it would usually be loaded with blanks.

                  Period accurate guns didn’t have smokeless powder. So the blanks would be loaded with that same powder.

                  You also want a real gun for closeup work. There was not supposed to be any live ammo on set, so it should have been safe.

                  Unfortunately, the armorer was incompetent, and the prop supplier sent dummy rounds that had been co-mingled with live rounds that were produced for a previous film.

    • fidodo@lemmy.world
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      10 months ago

      Do you know his involvement in her being hired? Being a producer can mean anything from total involvement to it just being a name on paper.

    • OhFudgeBars@lemmy.world
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      If he’s not lying about not pulling the trigger, then he, or the firearms manager, also bought a dangerously cheap gun.

      The whole thing was a cascading failure, imho, with Baldwin at the end of it, making him no less culpable than anyone before him. Ultimately, “I didn’t know the gun was loaded” is never an excuse.

    • Rivalarrival@lemmy.today
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      All that is why he is civilly liable for her wrongful death.

      The reason he is criminally liable is because, without bothering to check that the weapon was safe, he elected to point it at a woman and pull the trigger…

      If he had blown through a stop sign without bothering to check that the crossroad had been closed, he would be criminally liable for the damages he caused. The fact that cameras were rolling when he did it would not excuse him of his dangerous act.

      He failed to take the basic safety precautions expected of anyone handling a firearm, and he failed to introduce alternative measures for achieving the same degree of safety.

  • dangblingus@lemmy.dbzer0.com
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    10 months ago

    The brigading on the comments on this story is quite telling. Why do conservatives love Alec Baldwin so much? He’s a Democrat.

    • Draedron@lemmy.dbzer0.com
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      I am a lefty and I think it is a shame he gets indicted for this. The gun wasnt his responsibility and it was an accident.

      • ef9357@lemmy.sdf.org
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        10 months ago

        I respectfully disagree. If you touch a gun, you are responsible. If you mishandle a gun, you are responsible. If the gun fires while in your hand, you are responsible. That’s firearms 101.

        • thechadwick@lemmy.world
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          10 months ago

          Unless of course, you’re on a movie set and the armorer has called it a cold gun and pointing it towards people is part of the movie.

          Then it might be the fault of the person who knowingly co-mingled live and blank ammo in gross disregard for any kind of safety procedures.

          Yes if you are handling a firearm, you have a responsibility to know safety procedures. But in film, obviously you have different familiarity levels with weapon handling. That’s why you hire an armorer who enforces safety procedures. So non-shooter actors handle prop weapons with blanks.

          Now, arguably as a co-producer Alec may have had some culpability in hiring an unqualified armorer? Somehow I doubt he was heavily involved in those kind of nitty gritty hiring decisions. Seems significantly more plausible that those decisions were made by the actual producers who work for a living and not the a-lister who gets titled co-producer for SAGAFTRA billing purposes…

          Call me crazy, I know.

          • ef9357@lemmy.sdf.org
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            All valid points and I agree. But that gun didn’t point itself at another person. And it sure didn’t pull its own trigger.

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    10 months ago

    Why not use digital squibs? Oh yeah, you don’t get to shoot someone

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    This was homicide IMO, on the part of whichever dipshit brought live rounds onto the set Baldwin should still get manslaughter for pointing a gun at someone

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    10 months ago

    It is somewhat ironic that a vocal antigunner ended up having a larger negligent body count than 99.99999% of US gun owners.

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      10 months ago

      we all know this guy is full of shit but if anyone was wondering how full:

      US had 549 unintentional deaths by firearm in 2021

      several countries’ annual gun death tolls don’t even exceed America’s accidental gun death toll in a single year, including Australia, Japan, England, Spain, and Switzerland. source (emphasis mine)

      fuck you for capitalizing off this tragedy to spew bile and deceit to make yourself feel good

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        10 months ago

        Edit: Lemmy doesn’t support LaTex

        I just want to objectively point out that OPs math is fairly accurate.

        What Percentage of Americans Own Guns? 40%, or approximately more than 82,000,000 Americans own guns.

        So, approximately 0.0006695% of gun owners experienced a negligent discharge that resulted in death.

        • spujb@lemmy.cafe
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          10 months ago

          i’m not contesting this fucker’s math i’m contesting that they are full of shit for defending a system of violence <3

          you’re on thin ice as well dude

  • mctoasterson@reddthat.com
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    10 months ago

    It is somewhat ironic that a vocal antigunner ended up having a larger negligent body count than 99.99999% of US gun owners.

  • Dangdoggo@kbin.social
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    10 months ago

    I’ve said it once and I’ll say it again, if you’re holding a weapon it is your responsibility to know if that weapon is live, I don’t care who hands it to you or under what context. Children learn this in rifle safety.

    Does the armorer share responsibility? Definitely. But you can’t just say “someone else got hired to do that so Baldwin is off the hook.” Even pointing a gun around, live ammo or not, with the hammer cocked is plainly asinine and unsafe behavior. All Baldwin needed to do was take 5 seconds to open the chamber and look at the bullets to prevent someone losing their life, if that’s not negligence then what exactly is?

    • starman2112@sh.itjust.works
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      10 months ago

      I’ve said it once and I’ll say it again, the rules of firearm safety apply in common situations, not on professional movie sets. I’m reminded of a video of a parked car causing a massive pile up in a bicycle race, because even though it wasn’t moving, the people in the middle of the pack can’t see past the cyclists in front of them, and can’t dodge the car in time. That post got comment after comment about how stupid the cyclists were, how you should always be prepared to stop at a moment’s notice, how you should never cycle anywhere without at least six miles of visibility, but the thing is, in bicycle races, common sense doesn’t apply. The roads are supposed to be clear because cyclists aren’t going to be able to see far enough ahead of them to properly react to obstacles, because that’s what bicycle races are like.

      Similarly, when you’re at your friend’s house and he’s showing off his new carbine, you absolutely treat it like they’re a moron who left it chambered, and even after you make sure it’s clear, you don’t put your finger on the trigger and you don’t point it at anyone. This isn’t because it might still shoot, it’s because you need to practice that muscle memory in case your idiot friend doesn’t clear it next time. But when you’re on a movie set, the norm switches. You’re working with professionals, and when they tell you it’s cold, it’s supposed to be safe to assume that it is in fact cold. A million other actors have made that assumption a million times each, and it’s been a safe assumption virtually every time. The people at fault when the gun isn’t cold aren’t the actors who trusted the professionals, it’s the professionals who brought live ammo to a movie set.

    • loopedcandle@lemmynsfw.com
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      10 months ago

      Core military leadership lesson: you can delegate authority, but it is impossible to delegate responsibility.

      • lepinkainen@lemmy.world
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        10 months ago

        So if a stuntman dies on set the producer should be prosecuted because they hired the stunt coordinator?

        • loopedcandle@lemmynsfw.com
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          10 months ago

          This is not my area of expertise, but I’d guess that there is a difference between responsibility and criminal responsibility.

          The producer could probably be sued in civil court.