To the extent that the charges filed on January 19 are based on an accusation of negligent use of a firearm predicated on this or any actor having a duty to inspect a firearm as part of its use, that is an incorrect assessment of the actual duties of an actor on set.
An actor’s job is not to be a firearms or weapons expert. Firearms are provided for use on set under the guidance of multiple expert professionals directly responsible for the safe and accurate operation of that firearm.
The Industry Standards for safety with firearms and use of blank ammunition are clearly laid out in Safety Bulletin 1, provided by the Joint Industry-Wide Labor Management Safety Commission. The guidelines require an experienced, qualified armorer to be put in charge of all handling, use, and safekeeping of firearms on set. These duties include “inspecting the firearm and barrel before and after every firing sequence,” and “checking all firearms before each use.”
The guidelines do not make it the performer’s responsibility to check any firearm. Performers train to perform, and they are not required or expected to be experts on guns or experienced in their use. The industry assigns that responsibility to qualified professionals who oversee their use and handling in every aspect. Anyone issued a firearm on set must be given training and guidance in its safe handling and use, but all activity with firearms on a set must be under the careful supervision and control of the professional armorer and the employer.
Yeah there's really no case here I can't imagine. I heard a bunch of right-wing dipshits were giving the District Attorney's office a hard time, pressuring them to try to prosecute. And public pressure does a lot, which I believe is what resulted in charges. He's an actor...he was told that it was a cold gun...ammunition isn't even allowed on a movie set. There's no way he's culpable.
The whole production was a vanity project of Baldwin's. He was a producer
and I think executive producer and investor.
According to stuff I have read this is the way bigshot actors make money and
avoid paying taxes on it. They fiddle with the costs and the return to minimize
taxes in a way they cannot do as just actors.
I never claimed it, [ you dont like him , or are jealous of his bigshot money ], did, and I never said that either.
This is your incompetent and irrelevant attempt to attack me or defend him.
I did imply that someone who uses their own money to produce media, and faces holdups in schedule and loss of profits thanks to their own incompetence might be tempted to skip safety measure that can and might have led to the death of this woman.
Not my job either. In fact, it's not my job to be a chainsaw, axe or nail gun "expert," either. Wonder how things would go for me if i accidentally killed someone with them?
So you think Michael Massee should have been charged with Brandon Lee's death too then? Seems like nobody even thought of charges against him for some reason. But with it being someone this time the right-wing dislikes, it's a whole different ball game.
In real life, what you're saying is true. On a movie set though? Not really the same thing. Someone hands you a prop axe and directs you how to use it, passing through many safeguards like the Armorer, it's hardly your fault if it's found later that the blade was swapped out to a real one at the last minute. People break chairs over other people's backs in movies all the time...they're prop chairs...if you're a lonely extra on the set and told to swing a prop chair, but it was swapped out with a real chair without your knowledge, its now your fault if your swing hurt someone? No way.
If you want to say Baldwin was the producer and kept an unsafe set/should have halted production, then perhaps you have a point. But I think the focus now is more on the gun, Baldwin, and whether the trigger was pulled...which seems a bit misguided.
Not the same. While the gun was not properly checked, there were no live rounds used on the set of The Crow, unlike Rust, which Baldwin was aware of.
But anybody who holds a deadly weapon, points it at someone and pulls the trigger should have the responsibility to check for themselves if it's empty.
maybe he doesn't know anything about guns. i wouldn't know how to check and would rely on the so called expert who in this case wasn't much of an expert.
"and would rely on the so called expert who in this case wasn't much of an expert."
The long-established rules of gun safety don't allow for anyone to offload their responsibility to handle a gun safely to someone else, and logic doesn't allow for it either, because only the person holding the gun can control where its muzzle is being pointed.
You're not supposed to point a gun at anyone (except in self-defense) regardless of whether you believe it's loaded or not. Hollywood seems to think it's somehow exempt from the rules of gun safety; they show actors in movies and TV shows pointing real guns at other people and themselves all the time. They're free to engage in such negligence if they want to of course, but when someone gets killed because of it (e.g., Brandon Lee, Halyna Hutchins), the person who was holding the gun should be charged with negligent homicide.
The rule against pointing a gun at people is the most important rule, because it's the fail-safe for the other rules, i.e., even if the gun goes off unexpectedly, the bullet won't hit anyone because the gun wasn't pointed at anyone (except in the highly unlikely scenario of a ricochet hitting someone).
This is from the ATF's website (US Government Bureau of Alcohol, Tobacco, and Firearms):
1. Treat every firearm as if it were loaded.
2. Always keep the muzzle of the firearm pointed in a safe direction.
3. Always keep your finger off the trigger and outside the trigger guard unless you intend to fire the weapon.
Those are all things that only the person holding the gun can do, and had even one of them been followed by Baldwin, Halyna Hutchins would still be alive. Instead, he broke all three of those rules.
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Hollywood movie makers are masters of illusion. They make things appear to happen onscreen all the time that didn't happen in reality.
In any case, if they can't figure out a way to make it appear that a character is pointing a gun at someone with his finger on the trigger, without actually doing it, and they decide that playing make-pretend in front of a camera is more important than safety and go ahead and do it for real, then if someone gets injured or killed as a result, whoever is holding the gun is logically liable.
Pointing a gun at someone for no good reason (the only good reason being self-defense or defense of others) doesn't magically cease to be negligence just because they're making a movie.
No, I didn't say any such thing. They can do whatever they want, but like I said, if someone gets injured or killed as a result of negligence (ignoring the rules of gun safety is an example of negligence), then the person who was holding the gun is logically liable.
Sorry but that's just not right. Like I said earlier...if a scene required you to swing a chair at someone...and prop chair passed a safety inspection through an Armorer and the Set Director and many others...then you are told to swing this chair at someone...I hardly see how it's your fault if the chair actually wasn't a prop after all and you broke someone's back. You think you should be charged in that scenario if you're an actor? Should you have not touched the chair because you aren't a prop master or a carpenter?
Your answer to the question "Maybe he doesn't know anything about guns" was "In which case he shouldn't have picked one up."...pffft. Sorry, but again you're confusing real life with a movie set. In real life, yes, what you said there was true. On a movie set...If you're in a scene where you have to pretend to knit a sweater, you don't actually need to know how to sew. As an actor, you are given all kinds of tools and objects that you know nothing about that you have to pretend you know how to use. If I'm in a scene where I have to point a gun at someone and pull the trigger (to eject a blank)...I can't tell the Director "Hey, you know what, I don't know much about guns in my personal life so I'm not going to touch it...why don't you just go ahead and remove this pivotal scene from the movie!"...I would be fired. He's not going to care that I don't know about guns off set. He's just going to want me to point the gun and fire it, like he hired me for as an actor. My personal knowledge of guns would be completely irrelevant to him or anyone on the set.
"I hardly see how it's your fault if the chair actually wasn't a prop after all and you broke someone's back."
That's not analogous, since the person being hit by the chair is a stuntman who agreed to be hit by a chair, knowing full well the risks involved. Also, there are no rules of hitting-someone-with-a-chair safety, but there are rules of gun safety (they are even posted on the ATF's website, which is a US government agency), and they've been around since long before any living person was born.
"Your answer to the question "Maybe he doesn't know anything about guns" was "In which case he shouldn't have picked one up."...pffft. Sorry, but again you're confusing real life with a movie set."
No, I'm not, since a movie set is real life, obviously. If it were, e.g., a dream or virtual reality instead of real life, then whatshername wouldn't be dead, obviously.
"In real life, yes, what you said there was true."
Since a movie set is real life, obviously, your concession is noted.
They seem to be really struggling with the concept of dual responsibility. They think the second someone is given a title it releases everyone else of any responsibility in the situation. There's a lifeguard up there, so don't worry about the undercurrent or diving into the shallow end because that is the lifeguards job, his title.
How bout when a gun is handed to a person at a gun store? The clerk checks it but if it turned out to be loaded and the customer shot someone would it not be both of their faults?
"So you think Michael Massee should have been charged with Brandon Lee's death too then?"
Yes, he should have been charged with negligent homicide, because he pointed a real gun at someone and pulled the trigger. That breaks two of the long-established rules of gun safety, and is therefore negligence.
Additionally, Brandon Lee's death was a blatantly obvious case of premeditated murder (the official narrative of how the "accident" happened is effectively impossible), though Massee was probably only an unwitting accomplice (which doesn't excuse his negligence though), so the people who handled the gun and the cartridges before Massee got his hands on it should have been rigorously investigated.
"In real life, what you're saying is true. On a movie set though? Not really the same thing."
A movie set is real life, obviously, otherwise Brandon Lee and Halyna Hutchins wouldn't have been killed.
"Someone hands you a prop axe and directs you how to use it, passing through many safeguards like the Armorer, it's hardly your fault if it's found later that the blade was swapped out to a real one at the last minute. People break chairs over other people's backs in movies all the time...they're prop chairs...if you're a lonely extra on the set and told to swing a prop chair, but it was swapped out with a real chair without your knowledge, its now your fault if your swing hurt someone? No way."
There is no logical option to offload your own responsibility for safe behavior to someone else, because only you have control over your own actions. With regard to guns, the rules have been established for hundreds of years. This is from the ATF's website (US Government Bureau of Alcohol, Tobacco, and Firearms) for example:
1. Treat every firearm as if it were loaded.
2. Always keep the muzzle of the firearm pointed in a safe direction.
3. Always keep your finger off the trigger and outside the trigger guard unless you intend to fire the weapon.
Who, other than the person holding the gun, can treat it as if it were loaded?
Who, other than the person holding the gun, can always keep its muzzle pointed in a safe direction?
Who, other than the person holding the gun, can always keep his finger off the trigger and outside the trigger guard unless he intends to fire it?
Those are all obviously things that only the person holding the gun can do, and had even one of them been followed by Baldwin, Halyna Hutchins would still be alive. Instead, he broke all three of those rules. And you're trying to excuse his dangerously negligent behavior because you think the rules of gun safety somehow magically vanish when someone steps onto a movie set?
By the way, the rule against pointing a gun at people is the most important rule (and one that is often broken in Hollywood), because it's the fail-safe for the other rules, i.e., even if the gun goes off unexpectedly, the bullet won't hit anyone because the gun wasn't pointed at anyone (except in the highly unlikely scenario of a ricochet hitting someone).
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There have been a thousand scenes in movies in which someone points a gun at someone at fires (a blank). According to you, then, thousands of arrests should have been made in Hollywood over the past 100 years for improper handling of a gun. A team of people are there to ensure that gun is not loaded with real ammo before it's used in a scene. If you're an actor, you walk onto a set, someone says we're shooting a scene where you point a gun at so and so and you fire a blank. You don't say "Well, you see, I don't have gun training and I'm not an expert on guns, and I feel that yada yada yada..." ... If someone hands you a prop breakaway chair, then SPECIFICALLY TELLS YOU that it's a prop breakaway chair, the actor himself doesn't need to take it to a Home Depot first to test it out...he can safely assume that if it was handed to him, and he was given those instructions, that it's a prop, and he can swing away as instructed. So if someone swapped that chair without anyone noticing, and the chair wasn't a breakaway prop after all...to then think the resulting injuries is somehow the actors fault...is just...odd. You'd be pointing the finger at the wrong guy in this scenario, wouldn't you agree?
"There have been a thousand scenes in movies in which someone points a gun at someone at fires (a blank). According to you, then, thousands of arrests should have been made in Hollywood over the past 100 years for improper handling of a gun."
No, that's not "according to [me]," since I don't know the law with regard to "improper handling of a gun." I do know there's a law that will hold you liable if your negligence causes someone's death though: negligent homicide.
"A team of people are there to ensure that gun is not loaded with real ammo before it's used in a scene."
"Ensure"? Obviously not, since whatshername is dead. The ages-old rules of gun safety exist as a fail-safe, so that when people inevitably make a mistake in determining that a gun isn't loaded, no one is harmed because it isn't pointed at anyone if it goes off.
"If someone hands you a prop breakaway chair [...]"
"That's like saying the brakes on a car aren't there to ensure the car slows or remains stationary when applied if the brakes happen to fail."
Brakes on a car absolutely do not ensure anything, obviously. Brakes can fail, either partially or completely, at any given time, obviously. About the only thing that's actually ensured in life is eventual death.
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Comical Irony Alert, you know, coming from the simpleton who doesn't know what the word "ensure" means.
"can't separate what something is intended to do and the actual outcome."
Only a "fucking dumbass" would intend to do something that's impossible. Furthermore, Special Ed, the person I replied to didn't say anything about intentions. He said:
"A team of people are there to ensure that gun is not loaded with real ammo before it's used in a scene."
And the correct reply to that is --
"'Ensure'? Obviously not, since whatshername is dead."
-- which is why I wrote it, obviously.
"And past and future tenses."
This random and incomplete "sentence" of yours doesn't logically follow from anything I typed, and as such, it's a non sequitur. Consider it dismissed out of hand.
Your non sequitur is dismissed, Slow Doug, and since you're fresh out of arguments (not that you ever had a valid one to begin with), your tacit concession is noted.
But a producer's job is to manage the set.
Baldwin was "the man" on this set and when the union professional
staff walked off the set due to valid continuing and major complaints,
and finally when the armorer left it should have halted shooting.
That he did not was gross negligence and it led to the death of
someone, and by his own hand.
It is odd that the union would defend the actor Alec Baldwin when it
was the producer who was at fault.
Of course the union defends criminal members, they are Commie scum. Happens with all unions.
Just pointing a real gun at someone's head is a crime! Stupid people with no training should not even touch guns.
And to turn that loaded gun on oneself, when your a waaaaaaay-past-your-prime actor, who continually renegs on his promise to leave The US if the election doesn't go your way
In the real world, you are 100% correct. However, you ARE aware I assume that in the production of movies, guns DO get pointed at people and blanks even fired at people from a safe distance? The responsibility to ensure that no one gets injured is not the actors'. That said, as someone who grew up around firearms, I would have a *really* hard time pointing a gun at someone and/or pulling the trigger unless I had *personally* verified only blanks or dummy rounds were in the gun. I'm also not an actor however.
Clint Eastwood and a large majority of his movies have guns in them Alec and on every movie he makes, HE always checks the firearms to ensure there isn't a live round and it helps that he's very familiar with weapons.. Sorry but you still should've double checked the chamber and I bet on any movie you make going forward involving a gun, you will then check them to ensure this never happens again??
It sounds like the movie set had a lot of problems. Things were rushed. Tension. Other accidental discharges and (you just can't make this stuff up) FBI damaged the gun during forensic testing after the fact. Incompetence extends beyond the movie set.
Baldwin thinks a conviction in this case helps him? Not by my reasoning. Who was ultimately in charge? Mr Baldwin shares responsibility, IMO, but that is for the court to decide. We gotta wait. Justice is slow..
To ensure utmost safety, they would just film the baddies getting gunned down, and then film Jesse The Body Ventura letting minigun bullets fly toward an empty area. Just to be sure. I dont think they filmed same frame of him mowing down baddies with the minigun.
Like others said, that rust set was plagued with all kinds of issues. There should also be some criminal negligence charges issued to multiple people, Alec included. Didnt he fire the gun jokingly at someone who wasnt even acting on set? Someone could have set it up to happen, who urged him to jokingly fire at the lady? More charges should be filed regardless of political belief.
I'm sure they did do that yeah.
That an additional safety measure.
Real soldiers cant do that.
And Real soldiers dont have to check that all their bullets are blanks.
ergo the "real world" gun rules cant be applied to film sets
I believe it was a rehearsal where the armorer should have checked the gun .
If Alec raided the gun cupboard to go play cowboys & indians after work thats a different matter , but it was an official working day rehersal.
If someone set it up to happen then thats a whole other Columbo type ballgame.
Thats whats so interesting about the case, If anybody holds a gun and fires it and kills someone then the trigger man is to blame. Lawyers could argue that "the gun owner loaded it and didnt tell any of his friends it was loaded so when the trigger man jokingly pulled the trigger aimed at someone they cannot be held liable because they werent informed it was loaded". Lawyers can argue that, and it wouldnt go far in the court of law. Or lawyers can argue that "the trigger man isnt a firearms expert so how were they to know that pulling the trigger would fire a bullet that could kill someone"? Again in court that wouldnt hold water. But it being a "closed set" (it wasnt really and thats an issue right there that can be argued for criminal negligence) and the guns are props and or the bullets are only blanks and its a pretend scene then its harder to pinpoint exact blame to one person unless the armorer is thrown to the wolves. Itll set precedent on contract signing and the like especially for armorers jobs. But also security can be held responsible for allowing people to wander freely around, whoever brought live rounds to the set can be held responsible,whoever complained about safety issues and was ignored leads the people who ignored them to be culpable.
Really, how can you bring real justice to this case? How can we determine all the chains of events and every person involved to prosecute? Its awful for the loved ones who lost someone. I think every action star about to wield a weapon should be sure its a prop or the rounds arent real before they begin, this is the best way to do it. This wont eliminate accidents but itll make them less probable.
Good point, maybe there werent many people close by the set when Jesse The Body Ventura went H.A.M. with that minigun!
I think its funny that Dutch claims his team is a rescue operations only, yet they are equipped like they are gonna topple a small government xD but hey...I reckon those mercenaries just wanna ensure they are gonna make it home.
IMO, Baldwin bears responsibility not as the man that fired teh gun, but as the man that hired an inexperienced person to be in charge of safety and then did not back her up during shooting.
If he was charged based solely on being the one with the gun, that was stupid...
supiciously stupid. I would suspect a fix with the prosecutor.
The production company of which he is the owner and operator?
Are you suggesting owner/operators of companies shouldn't be held responsible if their employees fall foul of the law regarding negligence while conducting business?
All BS aside, there are enough reasons to not hold Baldwin accountable in this case, that you don't need to make up some argument that owners are not responsible for their employees actions while on company time. That isn't how the world works.
SOMEBODY acted negligently and hired her without ensuring she was qualified and experienced enough to work safely. That somebody was employed by Baldwin in his production company. Owner operators are routinely held accountable for mistakes their employees make.
Which is exactly how it should be. As an owner of a company, you are duty bound to ensure the people you employ are not acting criminally, negligently, or posing a danger to others in the vicinity to the best of your ability, while you are paying them to conduct your business. This also extends to contractors.
Baldwin didn't launch his production company until after the incident/killing. It was launched around May 2022. The incident happened in 2021, right? There isn't a clear catch on this issue. He was a producer or one of the executive producers. I doubt he was doing the hiring. He also co-wrote the script, if I remember correctly.
Well the Boeing CEO/managers weren't held accountable when the 737MAX MCAS issues killed a few hundred people now were they? TBF, I think they should have been, but there was quite a bit more intentional negligence in that case.
An outlier. That doesn't disprove the statement. Under the law of the US, employers are responsible for any negligent activities of it's employees.
https://www.shultzlegal.com
In most cases, employers, not employees, are liable for negligence under “vicarious liability” laws. Corporate law states that owners and managers are responsible for the mistakes made by the wrongful acts or omissions of another individual, including those they hire.
https://www.findlaw.com
Respondeat superior is a type of vicarious liability, meaning "let the master answer." Employers are responsible for their employees' acts because employers direct their workers' actions. The employer's liability coverage will cover any property or bodily injury caused by an employee's "negligent act or failure to act in the course of their employment."
https://lawpath.com/
Employers are responsible for ensuring that employees receive proper training and guidance to avoid the legal consequences of being held liable for employees’ actions. Employers may also be held responsible for their employees’ actions that occur outside the workplace during work-related events and activities.
https://www.legalmatch.com
Negligence in employment, or workplace negligence, is an area of law under which an employer is held responsible for the actions of an employee which causes injury to others. This may occur when an employer acts negligently in allowing the employee to take a certain position or to perform a particular task.
https://www.davidsonmorris.com
By law, employers can be held vicariously liable for certain acts of their employees. This means even where the employer has itself technically done no wrong, it can still be found responsible for employees’ actions and made to financially compensate the victim of the wrongdoing.
Bullshit. One of the most important rules of basic firearms safety is that you never take the word of anyone who hands you a gun that it's not loaded, or that it's only loaded with blanks or dummies. You always check it yourself. It doesn't matter if the person giving you a gun is the armorer, you always verify by checking it yourself. If that's not protocol on movie sets, then they're doing it wrong and they need to change. It's not something technically complicated that only an "expert" can do. Any actor can be taught to do it, quickly and easily. My dad taught me when I was eight years old.
Have you read any of the many posts above refuting that with reasons how it is not possible?
Rather than me type them all again ?
The clearest one is:
MaximRecoil: 2. Always keep the muzzle of the firearm pointed in a safe direction.
3. Always keep your finger off the trigger and outside the trigger guard unless you intend to fire the weapon.
Me:How can an actor in a scene where the character is pointing a gun at someone with finger on the trigger possibly adhere to that?
You are explaining gun safety for people who use gun in ordinary life. In home or at shooting ranch.
How do you expect an actor to be expert in guns when they are not? And keep in mind that many actors who shoot guns in tv show, movies - are extras. They are not A-list starts and lead actors. Movie needs armed gang of 10 people. They hire extras.
There could be 50 extras and actors who shoot in movies. There are police shows where extras pretend to be criminals who shoot. How do you expect them all to be experts on guns and then sit and open each gun (and there are lots of different types) and take out each bullet and look closer, then put it all back. And repeat that with all 30 scenes shot they will do.
There is a reason why there is "armorer" position on those movies. So that they would check because they are experts.
It's like demand for actor to check every explosive if it's real. Because who knows maybe someone will bring real.
He should not be trialed for shooting. But he should be jailed as producer along with every other producer. They were the one who created that environment when they put two jobs on her because they are cheap.
I have read all of the posts above, and none of them "refute" anything I have said. If they attempt to do so, they are simply wrong. If what I described had been done, there wouldn't have been a dead woman and an injured man on that set. Just because it's a movie set doesn't mean they get a pass on basic gun safety rules. If they're not following the rules, they need to change. You don't need to be "a Hollywood armorer worker" or any kind of "expert" to know this, or to quickly and easily learn how to check a gun.