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[-] some_guy@lemmy.sdf.org 28 points 9 months ago

How he can be tried for the duty of a prop person or the director who hired that person is beyond ludicrous. The man showed up to do a job. That job was not to keep the props safe. He was handed a tool and told it was ok to use. Fuck this system. Let him go about his life. I'm sure the trauma of having shot someone for real is enough to make him double-check for the rest of his life. That's enough.

[-] Drivebyhaiku@lemmy.world 100 points 9 months ago* (last edited 9 months ago)

Umm. No. Sorry gunna pull my union card on this one since this is my Industry and while I am not an armorer or a props person I am emeshed in their understanding of property on a set as an On set dresser.

There is a legal duty of care held by everyone who handles a prop weapon. Furthermore there is a duty of care held by Producers on a show. Baldwin was not just an actor, he was a producer on Rust which means he had hiring and firing power.

Regularly this is how prop weapon safety works.

Prop weapons are only handled by an armorer who must maintain a full supervision of the weapon. It can never be used with live ammunition.

Loading can only ever take place by the props person (non union exception) or a designated armorer who must have an up to date licence.

Any mishandling of the weapon up to this stage leaves the armourer open to criminal liability. If someone steps in to this process at this stage they might take the lions share of liability. If an actor or someone who is not the props person charged with care of the weapon grabs it for instance without a hand off.

During the hand off of the weapon to an actor the props person does a last physical check of all the rounds in the weapon in sight of the actor. IF an actor accepts a weapon without doing this check then they are considered criminally negligent for any harm done with the weapon that would have been reasonably negated by this step. If the actor uses the weapon in a way that is unsafe after this check all liability is shoulded by the actor.

Following the weapon that killed on Rust it was used with live ammunition to shoot cans and abandoned on a cart. This makes the props person negligent by film safety practice. It was picked up by the 1st Assistant Director whom was not entitled to handle the weapon AT ALL which transfers some criminal negligence to him. The 1st AD handed the weapon to Baldwin and claimed it was a safe weapon WITHOUT performing the check. Anyone who saw this trade off on the set should have set off general alarm. But they didn't. This could have had to do with power imbalances on set. You generally do not tell a Producer that they are doing something wrong unless you are either willing to trust the producer to be reasonable or baring that, are willing to lose your job. Wrongful termination suits are nigh nonexistent in film because chasing one might blacklist you from other productions.

The 1st AD is the main safety officer on set and Baldwin as an experienced actor would have been briefed on weapon safety protocols many times before. Having the 1st AD just hand you a weapon on set EVEN one that is an inert rubber replica would be an instant firing offence for the AD. Accepting the weapon without insisting on a check leaves the liability on the actor. They might have a lesser share depending on how experienced they might be. If they were ignorant of the protocol at the time then the production team would take that share liability for not properly enforcing safety on the set.

Baldwin as a producer in the days leading up to the accident had shown signs of being negligent in other areas of production safety and the people hired into positions that were to enforce safety on set. People left the production citing the unsafe conditions in protest. He may not shoulder the full liability of criminal negligence but he ABSOLUTELY owns a chunk of it. Directors and Producers REGULARLY push the boundaries of crew safety when they think they can get away with it and the bigger the name the more likely these accidents are. Remembering WHY we have these safety protocols and the people injured or killed in the past is something that is well known in the industry. We remember those killed or permanently maimed by production negligence because there but for the grace of God go us. Everyone who has been in this industry more than a decade personally knows someone whose life was permanently impacted by a bigshot throwing their weight around because of the natural power imbalances on set. One of my Co-workers sustained a permanently debilitating brain injury last year for just this reason. You dice with some one else's death you gotta pay up when you lose.

[-] RootAccess@lemmynsfw.com 29 points 9 months ago

I enjoy having my mind changed by well-written, well-reasoned posts from people who are informed. Thank you.

[-] Drivebyhaiku@lemmy.world 13 points 9 months ago

Thank you for having your mind changed!

A lot of people fall into error regarding common sense safety on set...like I have heard people go on about how "brave" Lady Gaga was to throw her weight around to film her video in an actual thunderstorm because the outcome was "worth it" not realizing how many injuries, including potentially fatal injuries could have resulted on the crew. People tend to sympathize and uncritically digest what people they "know" and respect tell them versus the rest of us who are relatively faceless.

The particularly upsetting thing is I know people who have literally ruined people's lives and not only are they still working but overall they don't change. The presumption that someone actually feels bad and applies that later isn't my experience. At some level they find ways to self justify that what they did was reasonable and then they just blindly trust that lightning won't strike twice.

[-] maryjayjay@lemmy.world 14 points 9 months ago

Lemmy needs a Best Of so this could be posted to it

[-] moon@lemmy.cafe 8 points 9 months ago

Damn this should be a best of Lemmy post if we have a community for that

[-] some_guy@lemmy.sdf.org 1 points 9 months ago

This is new info to me (producer). Thanks for enlightening me.

[-] WhiskyTangoFoxtrot@lemmy.world 24 points 9 months ago

Baldwin didn't "show up to do a job." He was a producer on the film, not just an actor.

[-] SuperSaiyanSwag@lemmy.zip 7 points 9 months ago

Producer is a broad term, there are many producers for a movie. He was likely just overseeing casting and other actor stuff.

[-] aStonedSanta@lemm.ee 3 points 9 months ago

Exactly. It happened on his set by his hand. Makes a bit more of a tough situation

[-] nudnyekscentryk@szmer.info 1 points 9 months ago

No it doesn't. If I cut the brakes in your car and it causes you to run into someone, then it's my fault, not yours.

[-] heckypecky@lemmy.dbzer0.com 1 points 9 months ago

A gun's purpose is to kill people, a car's is not. The analogy is flawed.

Still, assuming you have mandatory regular inspections of cars in the US, imagine you are an experienced mechanic by profession. Someone lends you a car and says it's safe but you know immediately this rustbucket hasn't been to an inspection in decades. By experience and papers. But you drive in a public space anyways and kill someone due to a fault that would have been found during an inspection. It is 100% your fault.

As I understand it, following safety procedures would have prevented this death, in the same way nonfunctional brakes would certainly be found during service.

On a side note, as an electrician who has to sign documents that electrical devices are safe to use, if one of those devices kills someone and I can prove that I followed protocol during testing, I am in the clear. Following rules makes the difference between a tragic accident and negligence.

[-] Menteros@lemm.ee 0 points 9 months ago

A gun’s purpose is to kill people

Spoken like a true psychopath.

A gun's purpose is to provide safety and utility to the bearer. "Killing people" that are attempting to harm you is called self-defense and is totally legal.

[-] Doorbook@lemmy.world 4 points 9 months ago

"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. He said, "So, I guess I'm gonna take this out, pull it, and go, 'Bang!'" 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. 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. 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. Script supervisor Mamie Mitchell called 9-1-1 at 1:46 p.m. PT and emergency crews appeared three minutes later. Footage of the incident was not recorded."

"In August 2022, FBI forensic testing and investigation of the firearm determined the Pietta .45 Long Colt Single Action Army revolver could not have been fired without a trigger pull from a quarter cocked, half-cocked, or fully cocked hammer position. It was also determined that the internal components of the revolver were intact and functional which ruled out mechanical failure as a reason for an accidental discharge. Baldwin stated during a December 2021 interview for ABC News that "the trigger wasn't pulled" and "I didn't pull the trigger."

So he most likely lied about it. Maybe he was drunk or on drugs..

"On January 19, 2023, New Mexico First Judicial District Attorney Mary Carmack-Altwies said she would charge Baldwin and Gutierrez-Reed with two counts each of involuntary manslaughter. Halls agreed to plead guilty to negligent use of a deadly weapon, and received a suspended sentence and six months of probation."

"On June 22, 2023, Gutierrez-Reed faced a second charge of tampering with evidence, in which the special prosecutors allege that she transferred "narcotics to another person with the intent to prevent the apprehension, prosecution or conviction of herself.” They later specify from a June 29 court filing that she attempted to conceal a small bag of cocaine the night of the fatal shooting after her initial police interview. On August 4, 2023, Gutierrez-Reed waived her right to a preliminary hearing to determine whether or not the criminal charges would stand, thus allowing the trial to move forward and on August 9, she pleaded not guilty to both charges. On August 21, a New Mexico judge scheduled her trial to run February 21 through March 6, 2024."

There were drugs on set.

"On November 10, Rust gaffer Serge Svetnoy filed a lawsuit against the production for general negligence. A second lawsuit was filed on November 17 by script supervisor Mamie Mitchell, who says the script did not call for the discharging of a firearm. On January 23, 2022, Baldwin and other producers filed a memorandum that asked a California judge to dismiss the November 17, 2021 lawsuit by Mitchell. In November 2022, the court rejected a request to dismiss Mitchell's lawsuit against Baldwin and his production company"

I didn't know it is his own company as well..

this post was submitted on 20 Jan 2024
912 points (96.2% liked)

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