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author

I think he won’t be charged with anything. The reason I say that is the DA went to such extreme measures to “prove” it is possible to fire the gun without pulling the trigger. The trigger issues has been Baldwin’s defense for why he wasn’t negligent. I think they will charge the person (people) who loaded the live round with something.

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Apr 28, 2022Liked by Emily Miller

I also don’t think he will be charged but it is because of his status, but he won’t be as lucky in civil court millions will be awarded.

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Apr 28, 2022Liked by Emily Miller

Do you know the armorer loaded it? The AD handed him the gun and said it was safe, Baldwin didn’t check it as he should have, the armorer was outside doing another job, one of many outside of armorer she was told to do.

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author

Nothing in the public evidence says who loaded the gun.

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Just curious, you seem to have inside information. How do you know the police withheld and redacted evidence? What evidence might that be?

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author

You're onto something... go look at his account on twitter.

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Something was fishy. It started to look like your looney Twitter mob 🤦‍♂️ Or at least a Baldwin supporter. ANd FWIW, I found a copy of the SAG Safety Committee Bulletin which outlines procedures on sets. Just do a search in the ducmoent for “firearm” and “producer” to help get an idea of responsibilities https://www.sagaftra.org/files/safety_bulletins_amptp_part_1_9_3_0.pdf

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Apr 27, 2022Liked by Emily Miller

I believe that he will be charged with something similar to negligent homicide. He violated every rule of handling a firearm when he did not check it when he received it from his staff, his protestations of not being responsible were self serving and transparent. His statement that he did not have his finger on the trigger were false. His PR campaign was and is a disgrace.

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Apr 27, 2022Liked by Emily Miller

You are spot on!!! He has made well over a dozen movies where he had firearm training. He can not claim that he didn't know any better.

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author

He was trained on THIS MOVIE by Hannah the armorer. It’s in the sheriff notes. No excuses !

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I think you should use common sense. Who even are you and why do you feel you’re an expert to speak on this topic?

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Apr 27, 2022Liked by Emily Miller

I agree. Despite the very crazy and questionable publication of all of the video evidence, Baldwin will eventually burn. Jury selection wont be a problem but the prosecutor needs to get his head out of a dark space and get to work

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Apr 28, 2022Liked by Emily Miller

If he has followed all of the rules concerning the firearm like checking the rounds, he would have found the live round. He pulled the hammer back and he pulled the trigger! The television show”Gunsmoke” was on for 25 years and there was a shootout on every episode and no one was ever shot, because they followed the rules. Guns don’t just go off, they are an inanimate object and require manipulation by a human being to work. Simply by checking the cylinder Baldwin would have found the live round and then no one would have been shot. He was the final safety check before using the firearm.

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Apr 28, 2022Liked by Emily Miller

I have carried firearms all of my adult life. I will repeat myself, Baldwin was required by common sense to check the firearm that he was handed. Next, that type of firearm operates in the following fashion, the hammer is pulled back, cocked is the proper term and then the trigger is pulled and the gun goes off. That pistol does not have safety features that you so sorely want. It is a basic pistol of that era. Modern pistols have several safety features built in to their design but again they are more of a modern design. The gun was loaded and he did not check it when it was handed to him as common sense would dictate, he had his finger on the trigger as that is how the gun is fired and he pulled the hammer back allowing the gun to be fired. I have been in a similar situation once as Halyna Hutchins was. The only reason that I am here is that the person holding the firearm was pointing it slightly to my left. His firearm had two safety features on it. The first one was a manual safety on the slide that he disengaged, the second was a grip safety which he over rode when he squeezed the grip. Oh and by the way, he failed to make sure that the pistol was not loaded when it was handed to him. Come back when you have been there and done that!

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author

Warning one. I have a 100% respect and civility rule on my website. Do not call names. Treat everyone how you want to be treated.

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Apr 28, 2022Liked by Emily Miller

Your comment about common sense tells me that it is a waste of my time to converse with you. Common sense trumps rules every time whenever a threat to human life is present. Your failure to realize that proves that you are just an apologist for Baldwin and you place being in his favor above and beyond human life! You use all the Hollywood keys words to describe the incident, keep sucking up, maybe he will let you carry his bags sometime!

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How did he NOT have the final say? It was his movie. Show me the employee handbook that says he didn’t have the final say. You are welcome to guess and say this is what you suspect, but you don’t have the right to make lies and spit in the face of the Hutchins family to shill for a rich asshole Hollywood elite. You’re so pathetic.

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Apr 28, 2022Liked by Emily Miller

Eve de EC says different, finger on the trigger, still he pointed and pulled the hammer back without checking the gun to be safe, gun discharged killing the young lady. But he pulled the trigger.

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So Emily, is this 100% civility?

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May 3, 2022Liked by Emily Miller

Why don't you start with civility instead of calling anyone who disagrees with you, "Fat Trolls." It is arrogant, at best, to refer to anyone with a different opinion as a troll. Calling them "fat" is simply narrow minded and childish, especially since the man that you allegedly "represent" is quite portly. Perhaps, you should get your own house in order before instructing others. It would certainly improve your optics. BTW, if you sue anyone here or on Twitter, wouldn't that make you greedy? You accused Matthew Hutchins of being greedy, and now you are threatening to do the very same thing. Like it or not, debate requires calm and consistency. Angry outbursts serve no purpose other than to diminish the strength of your rebuttal.

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I never called anyone 'fat trolls'. Twitter does not have an edit button. Mountain-molehill compared to deliberate behaviour. I don't represent anyone by the way, just the truth that is not wanted anywhere near here obviously. Abuse, harassment and lying is not expressing a different opinion, as you clearly know. Incidentally, I was communicating with Emily Miller, so why do you keep replying to my comment? You have clearly spent time looking up my account. I am not sure if you think that trolling is civility that you know what the work means. Interesting that this thread is only allowed comments which are anti-Baldwin, including spreading much misinformation. Interesting also that no-one seems interested that the armorer loaded a live round into Alec Baldwin's gun belt, took guns and ammo off set to teach the child actor (unofficially) to shoot blanks, ammunition was left unsecured, a rifle was left unsecured in the prop truck, and there is also a message from her lawyer regarding the issue with Colts being able to discharge without the trigger being pulled and therefore couldn't have taught anyone about that 'characteristic' of the gun. Not to mention that she leaked press articles to Megyn Kelly (Oct 26 before Halyna was barely cold), hired a PR firm and the right-wing started a social media and media campaign within 3 days of the tragedy. All available in the information the police released. How about civil debate or even just some mention of that in this thread or from the trolls/others with different opinions?

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Apr 27, 2022Liked by Emily Miller

He should be charged with negligent homicide. Whether he’s convicted and actually sentenced will depend on his PR and legal teams. That tweet where he made light of a similar situation (“So, must it feel to wrongfully kill someone?”) that circulated in the aftermath should be used as evidence of his culpability. If he knew it was wrong then, why not now?

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author

Good memory on that tweet! He knew the consequences and that's why he was immediately pointing blame.

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After watching Hillary not be charged in spite of all the evidence against her, I've decided Lady Justice's blindfold is see-through. My guess is that, if he's found guilty of anything, it will be something minor such as "negligent discharge of a firearm". I'm sure his lawyers will make the case that the jury has been tainted.

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Hillary his wife? Baldwin?

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Apr 27, 2022Liked by Emily Miller

I think he should be charged although with what exactly, I don't know. Not familiar with the local laws. I'd love to know how live ammunition got into that handgun and who was responsible for THAT. And why was there live ammunition on the set at all?

I don't know how many people are following this closely but my feeling is that it may not be too difficult to find a jury that isn't "tainted".

My real question is why are real firearms used on movie sets? When I went through active shooter training for work (and I even did a class at the Sig Sauer Academy on my own time and dime) we used Simunition for the "live" fire training. Many pistols are supported by Simunition and are modified using a conversion kit. Once modified, they are incapable of chambering live ammunition, only the Simunition marking cartridges.

So they look real (because they ARE real pistols) and fire just like the real, unmodified pistol, but cannot use live ammunition. So why are movie makers using real handguns?

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author

I wrote a story on this right after the Rust shooting because so many people didn’t know real guns are used back when this happened.

https://www.emilypostnews.com/p/bang-for-the-buck-alec-baldwin-shooting

In short, it’s impossible to mimic recoil with fake guns. (Oddly Baldwin in the sheriff interview said he acts for recoil with blanks and felt none when he actually shot a live round- none of this made sense to me.)

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Apr 28, 2022Liked by Emily Miller

As I recall when using REAL guns with Simunition rounds there is recoil. These are real semi-auto pistols that are modified. They shoot marking cartridges so the slide cycles - there is probably not as much recoil as there is firing actual ammunition but there IS recoil.

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Apr 28, 2022Liked by Emily Miller

Has to be some recoil to operate the slide.

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Apr 28, 2022Liked by Emily Miller

Another lie, a 45 Lc will have a good recoil.

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Apr 27, 2022Liked by Emily Miller

It is a case of negligent homicide.

He certainly should be charged.

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author

I really can’t don’t feel like he will be charged.

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Sadly, you may be correct.

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Apr 27, 2022Liked by Emily Miller

I believe he is guilty of negligence and the SFCS is pissed at him for deflecting blame and exonerating himself via the OSHB report, which is why they released everything they did. It worries me that Suffolk County still hasn’t turned over his phone. Not sure what to think about tainting a possible jury - either criminal or civil.

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author

Yes I think they are mad at him too. But I have a feeling that public evidence dump was coming longer only because last week when I asked the courts for more documents from search warrants they were suddenly REALLY HELPFUL and sent me everything. So now I wonder if they knew everyone would read it soon?

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Apr 27, 2022Liked by Emily Miller

I'm in the column expecting whatever NM's version of "criminally negligent homicide" against Baldwin. The evidence made public so far seems to support it - and I'm a believer in the theory that the Sheriff in this case has not released the really damning stuff yet. Any other people in the mix, I'm starting to doubt will be charged, although they'll still get caught in the civil liability net.

All that's a big change from my original position, but the revelations of massive irregularities in on-set procedures that are designed to prevent tragedies like this eliminates any "protection" that may have been claimable if they all followed the rules.

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Apr 27, 2022Liked by Emily Miller

Do I think he will be charged? No, I think they would’ve charged him already, it was very evident it was at the least a negligent manslaughter case, I do think releasing all the evidence absolutely taints a possible jury, I think he should’ve been charged but the punishment I’d leave to a jury

His lying on Tv in interviews I think he should be held responsible for and I think he should be punished criminally for the negligent manslaughter but I don’t have all the facts and evidence

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author

Six months is a crazy long investigation and still not have important pieces. But the longer it goes on, I think that helps Baldwin because the public loses interest.

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Apr 28, 2022Liked by Emily Miller

Taking this long was the intent. A civil trial will have a different outcome.

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Apr 27, 2022Liked by Emily Miller

I believe he should be charged but most likely will not be charged.

There is a lot of buck passing over this shooting but when all is said and done, Baldwin is solely responsible. He was handed a weapon that he intended to aim and pull the trigger. He was responsible to confirm the status of the weapon and ammo as soon as he took possession.

I'm almost 70 and been shooting since I was a kid. I've never been handed a weapon where I took the word on it's status from the person handing it to me.

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author

Baldwin keeps claiming that the staff is responsible for checking if it’s loaded. It’s as if he thinks safety rules don’t apply to movie stars. But the industry safety board was specific about checking guns and not pointing at anything you don’t want to destroy.

I’m in your camp. He should be charged but won’t. But I’m still hoping to be surprised by Justice.

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Apr 27, 2022Liked by Emily Miller

Unless they can prove Alec put the live bullet in the revolver I doubt he will be charged especially if he did what he was directed to do. Just like Michael Massee was never charged with the shooting of Brandon Lee.

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Apr 28, 2022Liked by Emily Miller

Massee and Lee incident was different, the gun had an obstruction in the barrel from a week earlier, the blank shot the obstruction that killed Lee, the gun had the correct ammo loaded.

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In both cases, it was improperly prepared dummy rounds and the guns were not cleared. The "obstruction" that killed Brandon was a bullet from an improperly prepared dummy round. It was also a bullet from an improperly prepared dummy round that killed Halyna. When preparing dummy rounds the person doing the job must remove all powder charges from both the casing and primer. This was not done in either case. The result of the incompetence in both cases was death.

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author

There was no bullet in the Lee shooting. He was killed by a blank impact.

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Yes, there was, an improperly prepared dummy round with a live primer was fired in the gun and the bullet separated and was lodged in the barrel. Then later a blank was loaded and when that was fired it propelled the bullet that was lodged in the barrel and killed Brandon Lee.

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May 1, 2022Liked by Emily Miller

Reports on Brandon Lee barrel obstruction, blank shot the obstruction out, Baldwin was a live 45LC. Those were the reports, and the reason Massa was not charged. Jury still out on criminal charges on Baldwin but he won’t fair well in civil trial niether will others.

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The "obstruction" was a bullet from an improperly prepared dummy round that had a live primer in it. When the primer went off it had enough power to separate the bullet and lodge it in the barrel. Then when they filmed the scene later they did not properly clear the gun and when the blank was fired it propelled the bullet that was lodged in the barrel and that is what killed Brandon Lee.

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author

You’re right. I thought there blank forced something into Lee. But now I understand a piece of lead bullet was jammed in the gun and the blank forced it to fire. I now understand better why Hannah Reed kept insistent on clearing the guns herself between scenes. Thank you.

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The obstruction was from a previous use of the gun about 1-2 weeks earlier according reports, the obstruction was not found as the barrel was not checked and a blank round was used the day of the Lee incident, the blank was the proper load that was to be used that day. The blank had enough energy to dislodge and fire the obstruction out and kill Brandon Lee, that is why no charges were filed against Massa the actor that fired the shot. Don’t know about any civil suits. Baldwin fired a live 45 caliber bullet that struck the lady and went thru and also struck the other person. Apples and oranges. I remember the incident that killed Lee, also the report recently brought up today of the Lee incident, I believe to throw confusion into this, to taint a possible jury.

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author

I will do some digging on the Les tragic shooting to see how small was this bullet fragment and the chances it could have been seen when checking for the gun fo be loaded. What a freak thing to happen. I’d also like fo know how far away Masse was to Les when it happened.

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My apology to Danny, I may have miss read his post and thought a round had been shot and not an obstructed peice of material that was shot out. My apology Danny.

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Apr 27, 2022Liked by Emily Miller

He clearly violated BASIC rules of firearms safety. Were it an "average Joe," I suspect there'd have already been an arrest. Were it a famous but right wing actor, I suspect the Democrat media would have paid a lot more attention with nothing but calls for harsh civil and criminal punishment.

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author

Absolutely true. If this was a regular person, he would have been arrested and jailed. The sheriff doesn’t even make him spend the night. 

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Apr 27, 2022Liked by Emily Miller

At minimum, Alec Baldwin showed negligence in his actions. I would believe it to be reckless as well. Two culpable mental states for a criminal action in most states.

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author

That’s very true so why is it such a mystery whether the district attorney will charge him?

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Apr 28, 2022Liked by Emily Miller

I would hope that the DA is being deliberate and thorough, the goal to truly arrive at impartial justice. In reality, we have seen the opposite most often take place when wealthy, powerful persons are involved. In this case, is justice blind or is there a thumb on the scale?

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Apr 28, 2022Liked by Emily Miller

Liberal privilege

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While I haven’t read much detail on this, I am hard pressed to think that Baldwin is criminally liable for this incident. I would think that others have responsibility for ensuring firearm safety on a movie set even factoring in Baldwin’s producer role.

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Apr 27, 2022Liked by Emily Miller

Anyone handling a firearm is responsible. Your comment makes me believe you have not had experience with a gun. Anytime I pick up a gun, I check. Even if I checked 6 minutes ago. I always assume it is hot.

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I have plenty of experience with firearms and proper handling. What I do t have experience with is whether actors are expected to become sufficiently familiar with their realistic but expected to be non-lethal props to undergo an inspection. If they are, the. Whomever handed it to him should have watched him perform the task. And if he had, would he know a live round vs a blank?

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author

The industry union guideline is clear that actors should never pull a trigger or point a gun at anyone. And baldwin said he knows gun safety rules.

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Never pull a trigger? Wow. But isn’t the crew/director also responsible for setting up the scene such that Baldwin was pointing the gun at the camera where the people he shot were standing? It’s all weird and suggests many rules or guidelines were ignored by many people. Of course, you point about pulling triggers could explain Baldwin’s statement that he ‘didn’t pull the trigger’ but only ‘cocked the hammer’ and it somehow released and cause the gun to fire. Interesting.

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...and then you have the quintessential safety rules from the NRA: https://gunsafetyrules.nra.org

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Very interesting. Puts Baldwin’s comments/statements in perspective. Someone is bound to have a significant civil liability over this. Not sure whether criminal will come into play. Don’t know enough about the laws on this to guess. You do very good work!

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Apr 27, 2022Liked by Emily Miller

Mr Baldwin, when your assistant handed you the handgun, did you check to see if the cylinder was empty?

Mr Baldwin, since you did not check the cylinder of the handgun to see if there were no “live” cartridges were you certain there were none?

Mr Baldwin, is it normal procedure for actors who will be pointing a firearm at production staff to not check to determine if the firearm is harmless?

Mr Baldwin, how did you know the gun would not discharge a bullet into Ms Hucthins?

Mr Baldwin, why did you not check the cartridges in the handgun to determine they were incapable of firing a projectile into the staff you were pointing the gun at?

Mr Baldwin is it your normal procedure to point a potentially deadly handgun at your production staff and press the trigger without checking to determine whether the gun will discharge?

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I do t know what is expected of actors on a set but I doubt they are trained in appropriate firearm use or to think of their pretend guns as real. So your questions are relevant if you’re asking someone using a ‘real’ gun but I also think Baldwin could reasonably believe what he was told if he was told the gun wasn’t loaded. That’s just my mom-expert opinion.

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Apr 27, 2022Liked by Emily Miller

Yeahbut, actors are trained with firearms at least to some extent but Baldwin’s gun was a totally functioning handgun, not a toy prop. It can and did fire a live round which killed the director. He didnt make a good-faith effort to determine if the gun was absolutely safe Since Baldwin was not only an actor but a producer of this film he assumed greater responsibility and liability to be certain all rules and safety procedures are followed. Remember there had been problems with live rounds on the set (major violation), accidental discharges on the set and general carelessness. I think these are all things that will come back to haunt Baldwin since the buck stops with him.

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Apr 27, 2022Liked by Emily Miller

[EDIT] Yeahbut, actors are trained with firearms at least to some extent but Baldwin’s gun was a totally functioning handgun, not a toy prop. It can and did fire a live round which killed the director. He didnt make a good-faith effort to determine if the gun was absolutely safe - did he just “assume”? Since Baldwin was not only an actor but a producer of this film he assumed greater responsibility and liability to be certain all rules and safety procedures are followed. Remember there had been problems with live rounds on the set (major violation), accidental discharges on the set and general carelessness. I think these are all things that will come back to haunt Baldwin since the buck stops with him.

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author

Yep his stunt double fired a rifle in his house and a prop person fired a blank into the ground while clearing the gun. The armorer asked for more training time with Alec and was denied.

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Apr 28, 2022Liked by Emily Miller

Yeeesh - that’s definitely not helping Baldwin’s management/production reputation 🤦‍♂️

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Apr 29, 2022Liked by Emily Miller

A loaded revolver with a cocked hammer is an accident waiting to happen. The video concludes that his trigger finger was on the trigger. Of the two scenes posted on line the first one does not show any movement of his hand after he drew the weapon and pointed it towards the camera. but in the second scene it shows that he was not in control of the weapon because he pointed the weapon in the wrong direction and corrected the draw by moving the pointed weapon towards the right and grabbed the weapon as though he was loosing his grip on it. If he had done this in the original shooting a slight amount of pressure on the trigger would be enough to set off the weapon. In other words, he was having control with his grip of the weapon and automatically squeezed the handle and trigger of the weapon without ever having to think about pulling the trigger. The biggest surprise was when the weapon fired. Believe me that there is no safe ammunition. Blanks do not have a projectile in them, but they have a firing pin that explodes and ignites the black powder in the shell covered by a wax seal that explodes causing a flame to travel down the barrel causing injury to anything in front. It is not too difficult to look at the weapon and see that the cylinder is loaded with ammo.

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While it doesn't matter much in the scheme of things if Alec held the trigger in while cocking the gun or pressed the trigger after cocking the gun, I tend to get the impression from in the videos that he held the trigger in while cocking the gun.

As you hold the trigger in while pulling back the hammer, the trigger moves towards the barrel of the gun about a half inch. This forward pressure on the trigger will cause you to readjust as while cocking the hammer and holding the gun. I think this is why Alec was awkward while cocking the hammer.

There are 2 versions of the Pietta 1873 SAA. One has a transfer bar (current) and another does not (1st edition). I am not sure how transfer bar operation would be different in feel from a non transfer bar model in this type of procedure.

I am not sure which type Alec's was. This video YT link, if allowed, does show loading and firing of the non transfer bar model. Of note is that there are 4 hammer positions for this revolver.

One other thing to note, early in this video (~4m20s) the guy loads the revolver with dummy rounds, although it is difficult to tell the difference. If you look closely you will see the primer has been drilled out.

The dummy ones on the Rust location also had a hole drilled into the side of the casing.

Both video segments show him cocking the revolver IMHO. To release the hammer to get ready for next scene means pressing in the trigger. I think he avoided this by just holding in the trigger as he cocked the gun and the hammer dropped just like someone 'fanning the hammer' to fire an old SAA.

Very BAD habit to get into. This wouldn't have mattered if the revolver didn't have a live round in it but regardless it is a bad unsafe habit to get into and likely a factor in this incident. IOW Alec cared more about convenience than safety procedures.

Anyhow, the video which I think accurately portrays many features of the Pietta SAA revolver's loading and usage.

https://youtu.be/2w32RHdFyCI

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I am wrong about Alec cocking hammer in both vids. I am sure he does it in one. He does have finger exerting pressure on the trigger in both vids of the scene IMO.

In the scene with the clapboard, he does seem to put his thumb on the hammer

before returning revolver to vest which kind of suggests the hammer was cocked partially in my defense of assuming cocked in both vids.

As he does this, it should be noted he is careless about which way the barrel is pointed. Was anyone in path of barrel's travel? Unknown but likely.

An unsafe procedure IMO.

For Emily, I do see he is wearing a 'bandolier' in the vids. But it is really more of a shoulder holster than bandolier IMO. Reminder, this has one suspected live round in it. Who loaded the shoulder holster? hmmm

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author

What time code do you see him pull back the hammer? Video is in my story here https://www.emilypostnews.com/p/alec-baldwin-had-his-finger-on-the

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Just my opinion that gun is cocked. It is not conclusive in 1st rehearsal.

In 2nd rehearsal scene we can see the hammer is (near) fully cocked

I am pretty sure he cocked it for both scenes in the video of him drawing the revolver.

Watching the video again at 2m07s it appears he cocks the revolver with his thumb while it is inside his holster and behind his jacket. You can see his thumb move like cocking a hammer at this point. Hard to see hammer is cocked conclusively in this part because of the speed he draws the revolver and angle of the camera. His thumb actions while gun behind the jacket does indicate he is cocking it BEFORE he does cross draw maneuver.

Also at 2m35s you can see the hammer is (near) fully cocked and his thumb moves like he cocked the hammer and then placed it in thumb shooting position. So in this scene he is cocking the gun WHILE doing the cross draw maneuver. Booger finger is in the trigger guard both times. Hammer has been dropped in 1st segment before he puts gun back in holster - likely dryfired. In 2nd segment we do not see gun go back in vest so can't say he dryfired it but it is likely. I am pretty sure in both scene rehearsals he dryfired the revolver and pulled the trigger. More exertion to pull trigger is seen in the 1st video IMO. The 2nd part I think he held the trigger in as he was cocking the gun.

If you click on the setting button at the bottom of video you can slow the video down to 0.25x (1/4 speed) and see these easier.

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May 7, 2022Liked by Emily Miller

Might add to this above that at 1m52s of video that we can see revolver is not cocked. While not conclusive he cocks the revolver in the 1st draw, his thumb behind his jacket goes through motion to cock the revolver (we don't see the hammer cocked).

I might note another observation. In both draws on video he is not seen going through motions to decocking the revolver efforts between scenes = point in safe direction, put thumb on hammer holding it, depress trigger, slowly let hammer to uncocked position. Hence the allegation he dryfired it as a lazy way to make the pistol safe when he puts it back into the shoulder holster. If he doesn't return hammer to safe position then it may hang up on his jacket or the holster. At the end of the 2nd draw it is seen the previously cocked hammer is back to normal position and he never did decocking procedure at all. Meaning definitely 'dryfiring' during this scene. 1st scene is slightly less conclusive because no confirmation in video that revolver is cocked.

Repeating, the 2 draws are slightly different methods in that he (seems to) cocks the gun while in its holster in the 1st 'crossdraw'. In the 2nd he cocks the gun while doing the 'crossdraw' after pulling it from the holster.

In my mind he played a hybrid form of Russian Roulette with compliant participants. Could each dryfiring be a separate charge like assault with deadly weapon because he never checked it? I dunno. Could AB playing this form of hybrid Russian Roulette with consenting adults be a higher form of homicide? It probably should be but I dunno.

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author

In the interview video I’m posting soon (I had to get it converted) he says that Hannah gave him the gun but did not put it in the holster.

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Small addendum

Proper safety procedure that would have prevented this and future incidents is the actor holding a revolver must point firearm in safe direction of nobody, put thumb on drawn hammer, press trigger, slowly allow hammer to return to uncocked position, and remove trigger from hammer making the revolver safe before moving on to next scene or next rehearsal.

The hammer should NEVER be allowed to drop by itself in rehearsals and or while pointed at another person.

It is too bad its inconvenient for an actor to go through these extra steps in rehearsals. That is the way it should be for safety on set of all.

This is part of my added recommended changes to movie regulations involving firearm use.

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Apr 28, 2022Liked by Emily Miller

It doesn’t matter if he didn’t follow “accepted gun rules.” The legalities alone will determine this. There are arcane applications of “accident” law that vary from state to state. Based on my understanding of New Mexico, he will not be charged with anything life-changing.

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Apr 27, 2022Liked by Emily Miller

There is a lot of blame to go round in this case (Speaking as someone who has worked as a theatrical armour on movies and stage productions), normally I would lay the majority of the blame solely at the feet of the armour, however although I still do place a lot of the blame with the armour, unlike the productions I worked on there was a very unusual set of procedures in place on the Rust set (due to Covid restrictions), this meant that the armour wasn't able to directly place the gun in the actors hand just prior to the seen, and the armour was actually banned from the set (something I would never have agreed to myself), although this situation doesn't absolve the armour from liability, it does spread the blame/liability to include others (including those who came up with and implemented the ridiculous Covid rules/procedures for the armour to have to follow), so from the armour and everyone who touched/handled the gun up to and including Baldwin, had a legal/moral responsibility to check on the gun's condition (ie loaded or unloaded), if just one of the people who's responsibility it was to check the guns condition had actually done so, then we wouldn't be having this conversation, and Rust would just be another straight to DVD/stream title. Personally I would like to see everyone of those people (the person who came up with the dangerously flawed procedures, the armour, everyone in-between who handled the gun and Baldwin) charged with involuntary manslaughter, there are so many ways this tragically negligent death could have so easily been avoided.

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Thank you so much for sharing all this expertises and insight into the industry. The sheriff evidence gives no indication how the live round got to set other than what we know from the warrant six months ago when Hannah’s father said Seth had it mixed in from another movie.

The COVID policies were so stupid. What are the chances of dying of COVID form being on a small enclosed set vs getting shot by the guns on set ?

Let me know if I’m missing things in my reporting that is unique to movies. Thank you!

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I agree %100. I don't work in the movie business but I have shot all my life. I was shocked the armourer didn't have a notebook or journal or schedule to refer to. No bookwork or blog about the handling of the guns. It appeared as though she kept all the notes in her head. The fact that she had no clear schedule of property, maintenance, supplier, condition, possession, zero records. Did I miss that? Did she seriously not keep records? Shocking.

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Apr 27, 2022·edited Apr 27, 2022Liked by Emily Miller

No, the sheriff releasing all current information and documents guarantee’s that Baldwin won’t be charged with any type of felony, possibly a misdemeanor just to show he didn’t get off free. Going to be just like Hillary’s e-mail ………scot free 🤷‍♂️

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Apr 27, 2022Liked by Emily Miller

I think he spends whatever he needs to in order to skate on this. It's going to be the OJ thing where he doesn't get jail time on a criminal charge but is found liable in a civil case.

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You’re right that he was worried about civil suits while he was being interviewed by the sheriff! Who thinks like that ?

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Apr 27, 2022Liked by Emily Miller

I think it should be more likely be charged, one important thing is it proved he lied about pulling the trigger, what else did he lie about to try and cover up his responsibility for her death.

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He seems to lie easily. In the interview with the sheriffs deputy, he both says he was a guy with a gun and then says he wasn’t. This is a man who lied for 10 years to the public that his wife is from Spain and she was from Boston. How can anyone believe what he says?

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Really, it may not be right as the shot was fired but his finger was on the trigger when he practiced, when he drew and aimed and pulled the hammer back his finger was on the trigger. Your boy pulled the trigger, Baldwin did not check the gun to be safe, he pointed the gun pulled the hammer back and pulled the trigger. I will say not intentionally killing the lady but though careless complacency he did, with his dishonest statement he should be held accountable. Your finger is not in the trigger guard until you are ready to fire at an intended target.

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Apr 28, 2022Liked by Emily Miller

What is stupid is not safety checking the gun to be safe and drawing the gun and and aiming at a person and pulling the trigger and killing a young mother, that is stupid, yes the operator of the tool, gun is responsible for the safe operation of the device. You have no defense, the only defense would be is to acknowledge your responsibility to help to prevent this from happening again.

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Apr 28, 2022Liked by Emily Miller

Your imoji seemed like you was the production co. so your not, you used the term stupid first. I do know responsibility one as a gun owner for years and worked in industry, not movie industry. The movie industry is under osha rules also. Those are safety rules industry has to adhere to. The user of any tool is responsible for its safe use and be trained in its use. They are responsible to inspect tool to ensure it is safe for them to use. Yes it’s the armorer job, an attendants job to repair and maintain tools and equipment but as the user they are responsible also. Lots are at fault here, but Baldwin may slide from criminal prosecution, but he and the production company are toast in a civil trial. Osha has already fined them 137,000 bucks. Lawsuits will be in the millions.

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Apr 27, 2022Liked by Emily Miller

I do not believe the evidence release will affect whether or not he is charged, nor should it; the charging decision should be made by those who already had it anyway. From public relations, showing the video with his finger on the trigger (although not of the actual incident) might indicate an intent to charge, or the sheriff prodding the DA to charge, I don't know. The problem is not showing Baldwin did something wrong - he did - it is finding a specific charge in the law that is appropriate and can be proven to a jury.

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Apr 27, 2022Liked by Emily Miller

In my opinion the strength of a public call for justice is a double edged sword. Public pressure demands accountability from Alec Baldwin. But it also makes it easier for his legal team to claim an unbiased jury is impossible in Sante Fe.

But yes, he will be charged, criminally and I hope the families hold him accountable in a civil suit.

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Apr 27, 2022Liked by Emily Miller

His money will get him off unfortunately

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He has so many high powered lawyers and I see they are doing a great job. It pays to be rich if you kill someone.

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Apr 28, 2022Liked by Emily Miller

When one is innocent, he killed a woman not intentional but thru negligence.

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I've given this commenter who is paid by Baldwin one pass to try to have civil and respectful debate that is a rule of my site. If he can't do it, then I'll ban him.

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I should not have replied to him too much but when he showed no respect to your thread. That bothered me I guess. I enjoy your post and find them very informative. As you have said on another thread nothing might happen but the public needs to know.

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He’s gone down the thread and was rude to everyone. I never have people like that so I know it’s direct from Baldwin. He’s been doing it to me for months on Twitter. I report it. Nothing happens. I’m a threat.

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Apr 27, 2022Liked by Emily Miller

He will be charged with criminally negligent homicide.

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Apr 28, 2022Liked by Emily Miller

The NM involuntary manslaughter criminal statute reads

-Involuntary manslaughter consists of manslaughter committed

in the commission of an unlawful act not amounting to felony,

or

in the commission of a lawful act which might produce death

in an unlawful manner

>>>or without due caution and circumspection<<<

Did Alec violate this last 3 lines? Yes

Unfortunately, the movie industry regs for firearm use by actors

does permit this by saying actors cannot check the gun themselves

(but can order a recheck at any time)

This creates a culture of actors trusting others

to verify a firearm is safe for them to handle, use it however they please,

and a cultural belief of actors not being negligent

if they follow industry standards.

In affect - erasing an individual's liability only if they are an actor.

This industry standard must change.

Did Alec violate the letter of the law? Yes

Did Alec follow industry standards? Yes

Are industry standards incorrect and should be changed? Yes

Does state law trump industry regulations? Yes

Should the state have denied filming rights until it was changed? Maybe

Would the defense team have a credible defense and jury trial could go either way? Yes

A great prosecutor would get a conviction.

A normal one may or may not.

In my mind, the jury should have the final say in the incident

and DA should bring the trial regardless that they think they would lose.

Even if DA lost this case, it would force the industry to change protocols.

One redundant safety check by AD and actor's ability to request a 2nd

is not enough to prevent this type of incident from happening.

Potential other changes to regs?

-No human should be in line of fire ever

when an actor has a fully functional firearm

They can operate camera(s) 'remotely'.

-Ban all dummy round use. They can use CGI in editing.

-Actor, AD, Armorer, and person that requested rounds put the firearm

for the scene

must sign off that they watched the firearm being inspected

checking to see it is unloaded or watching it being loaded

with anything and what type of rounds put in

when a fully functioning firearm is used.

Other suggestions welcome

This all doesn't say that AD Halls and Armorer Reed have zero criminal and civil liability

If NM had a criminal reckless endangerment statute for adults

then they would have been charged already.

I am not sure if NM have criminal laws that would cover

Halls' and Reed's neglect of duties as it is.

But civilly they both have liability in Mrs. Hutchin's death and Souza's injuries.

This all is premised on a belief that Reed put the live round in accidentally.

IF Halls', Alec's, or random set employee's fingerprints, or DNA,

are found on the spent round casing

after FBI forensics

then this was a much bigger crime.

FIN

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Somehow wealth, powerful friends, and influence tend to tip the scales of justice in the favor of these dark-triad types. Liberty and justice for all isn’t always a thing we do here in the USA.

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It is noteworthy that the state OSHB fined the production the max amount.

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Apr 30, 2022·edited Apr 30, 2022

I strongly suspect that the "investigation" is taking so long because Sheriff Mendoza is endeavoring in fact to not recommend charges against Baldwin. This goes back to Sheriff's statement that he had given special "considerations" to Alec, such as allowing him to travel outside the country and who knows what else. The woke focus is on the gun itself -- who loaded live ammo -- and most likely Halls takes the fall. Crew and ammo supplier are fighting amongst themselves. This conveniently overlooks AB's reckless behavior for which, in any law-abiding county, he would be charged with involuntary manslaughter. Even for that, New Mexico's sentencing is light. His responsibility as producer can be addressed in civil court. Two of the other producers have requested to be removed from the Mamie Mitchell lawsuit but Baldwin remains as a defendant.

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May 1, 2022Liked by Emily Miller

One thing the Defense will try to argue for AB IF a case is brought against him is a somewhat unique statute in NM law. It is called excusable homicide. It states -

A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or

https://law.justia.com/codes/new-mexico/2011/chapter30/article2/section30-2-5/

The DA may use this as a reason not to bring the charge of involuntary manslaughter. I think this is wrong and a miscarriage of justice for the Hutchin's family on 2 big points. If Halyna did request he point revolver at her and staff and camera, AB should have said no. It was the safe thing to do. He didn't. 2nd is that Alec stated multiple times the revolver was empty in the interrogation room. It was full of dummy rounds and a live round. IF he was cautious, he would have turned revolver sideways and visually inspected the top of the cylinder of the revolver. He would have seen the top of brass casings there. He would have known the revolver was loaded with something and not empty. So this shows also he did not take caution by looking for what was in the revolver after he was handed it. I guess a 3rd issue is the hapless way he used the revolver in the scene. He did not care which way the barrel travelled when the scene was being rehearsed. It was pointed at many employees during it. I think Hannah would have prevented this if she was inside the church. Which may be why she was ordered to stay outside. AB and or AD Halls, and maybe Halyna & Souza too, didn't want HGR interfering with the way the scene was shot by enforcing safety standards. Another unsafe choice. It is complex, but overall I think the jury should decide and AB should have his day in court over this. A good DA would bring it and with fair judge should get a guilty verdict. But juries can be fickle at times.

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You describe this issue so well. The conflicting statements in the interview (which I’m analyzing now) shows he knew gun safety rules, didn’t follow them, but claims he isn’t supposed to do them. That’s quite a defense and we shall see if a jury gets to decide it or the DA makes the decision herself.

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Thanks for posting the interview and transcript link. It is a lot to sift through. He knew safety procedures, he seems to know the many variety of rounds used in film making. Prosecutorial discretion is her option. A difficult one. I found it interesting the investigators mentioned a back log of 2 years on certain forensics. The DA acts in the interest of the state and the state doesn't want Hollywood to stop filming in NM. Which they MIGHT do if AB is charged and gets off. A sort of boycott for being too aggressive with charging one of their icons and aligned activists.

One thing I'd mention about the interview is that he mentions this is was the 1st time that day that Halls told him to pull back hammer and the result of that 1st time was Halyna and Joel being shot. So either he lied (intentionally?) was mistaken, or forgot or the rehearsal video was actually of the shooting (doubtful, there is no discharge or recoil or any indication)

re the cocking the hammer bit, I will send you the screenshots on Twitter. The 1st scene where he draws the gun he doesn't appear to cock the hammer. But he does have his finger on the trigger exerting pressure.

In first screengrab (I included time part of video) it looks like hammer is already drawn back some, maybe fully. So him pulling back hammer is slightly before this In 2nd he has moved his thumb to shooting position. He does have his finger on the trigger in both scenes of drawing revolver in video. I think he had pressure on the trigger in 2nd scene also and likely enough to fire the gun. The part of the video with 2nd scene doesn't show it long enough to verify that he dryfired the revolver even though it is likely he did. It doesn't appear he took the due caution to put thumb back on hammer to hold it, then pull in the trigger and relax the hammer back to safe position. If true, then the gun was dryfired onto a dummy round at least one time before the tragedy happened.

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Small addition to this above ^. The original video footage (evidence) may be able to slow the footage more thus giving the ability to screengrab and see more of Alec's actions in the scene. Why you ask? Well a camera could take 1000 frames per second (FPS). When you upload this it to YT then it may be reduced to 10 FPS. So you lose 990 frames of the video. I am not sure what the statistics are for camera used to record the rehearsal that LEOs have. It may have only recorded at 60 FPS. Often movie creators have high dollar cameras that have a higher FPS and higher definition (1080 today is high but not highest). Something is often lost when you upload a video online. Not always but places like YT will often compress somewhat to make it easier to download/stream but try to maintain quality. LEOs could slow a 100 FPS original video down to view each frame. YT settings only offers ability to slow down video to 1/4 speed.

And I wanted to say thank you for giving me the compliment. Those words are appreciated. I'm just trying to do my small part. You've done pretty darn well yourself in conveying your thoughts and being thorough while explaining in layman's terms the events you see in your analysis of the evidence. You've done a lot of work to keep the public informed about this case and other things you are concerned with and we should be too.

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Do you think Alec Baldwin ever regrets being in one of the great conservative movies of all time - The Hunt for Red October - with a host of other conservatives...? It literally is his last and only great role because he destroyed his career quite effectively after that... And now this...

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Such a good memory. That was a great movie and he was so good in it. I’m sure he doesn’t regret anything that made him rich and famous. He doesn’t seem to feel regret or guilt at all.

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I often wonder how some who could starred with Fred Dalton Thompson, Sir Sean Connery, and Scott Glenn could turn out to be such a complete self absorbed jerk... But then I remembered he was difficult to work with on the set, demanded more money, and finally passed over for Harrison Ford for "Patriot Games". Times change but Alec Baldwin remains the same.

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I never knew what history. Baldwin has done so many things that are appalling and terrible but it seems the public doesn’t remember or doesn’t care. He’s punched reporters and regular people and it’s like oh well.

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Internet search turned up nothing. Perhaps you could provide a the URL for these "regulation"

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The data dump does seem strange. I am not exactly sure how FOIA requests work. Do they have to argue in court what is released and what isn't in an ongoing investigation? Did Judge order full data dump? Partial?

It does help put more pieces of the puzzle together for the public. But somethings that should have been redacted or held back were released, like private info of uncharged people and footage of Halyna was not blurred before release, etc. So I tend to think there may be other rational for so much detailed data.

It may be an indication that the DA behind the scenes expressed to the Sheriff an intent not to charge AB regardless of what Fed analysis shows and Sheriff said fine we will put all cards on the table regardless of tainting a jury that he assumed AB will never see. Even though the DA did state publicly that charges are still on the table, just waiting on Fed's forensics.

It may be both.

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I certainly hope that he is charged with something because all he will get is probation and a slap on the wrist. It’s disgraceful

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Another person that influenced the events that day was

whoever decided dummy rounds were supposed to be used for rehearsal.

Hannah Reed would have left the revolver empty

unless someone ordered her to put in dummy rounds that morning.

Soooo who made the demand for dummy rounds?

Not that they are criminally culpable, but it is a piece of the pie.

Were they necessary for rehearsal or just for shooting the scene?

If Alec or Halls ordered them to be put in that morning

then it would be added evidence of their liability

in civil lawsuits and penalties, I think.

Reed put in 5 dummy rounds in that morning

The 6th would not go in for some reason.

She returned around lunch time and fixed the revolver

-Did someone order her to return at lunchtime to put in 6th round?

To fix the revolver

she would have completely unloaded the revolver

before working on it.

After fixing whatever was wrong with the revolver

then she reloaded the revolver

with all 6 rounds.

Did she put the revolver back together incorrectly disabling any safety features?

I dunno, but it is possible.

The live round was put into the revolver at this reloading.

Unless Halls or Alec swapped out a dummy round and put in a live round

while revolver was in their possession before the discharge.

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That is another important question in the investigation because Baldwin said the gun should be empty for rehearsal. It doesn’t change the fact that all guns are considered loaded until the shooter checks it, but it’s an open question in the investigation

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