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re: "Rust" armorer Hannah Gutierrez was given the maximum sentence of 18 months in prison

Posted on 4/16/24 at 8:10 am to
Posted by BlueFalcon
Aberdeen Scotland
Member since Dec 2011
2352 posts
Posted on 4/16/24 at 8:10 am to
quote:

Alec Baldwin


Don't hold your breath
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261923 posts
Posted on 4/16/24 at 8:11 am to
quote:

Check the indictment. Both counts relate to the actual “use“ of the firearm.


Hank, why did Baldwin lie about pulling the trigger?
Posted by BradBallard
Wilmington, Delaware
Member since Jun 2020
361 posts
Posted on 4/16/24 at 8:29 am to
quote:

Not at the time he pointed a real gun at an innocent bystander and pulled the trigger on said real gun. So had some other person that was not an actor had done this, they would be responsible? That's nonsense.


Baldwin’s PR team has done a masterful job convincing the masses that there is some sort of special actor’s court that absolves them from responsibility when they commit a crime.

That is 100% false. All activities on a movie set must comply with the laws of the jurisdiction they operate in. It’s just like any other job site.
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/16/24 at 8:40 am to
quote:

Baldwin’s PR team has done a masterful job convincing the masses that there is some sort of special actor’s court that absolves them from responsibility when they commit a crime.

That is 100% false. All activities on a movie set must comply with the laws of the jurisdiction they operate in. It’s just like any other job site.
The case against Baldwin one is one for “negligent homicide.“ It is not a matter of having a “special rule“ for actors, but rather an examination of the definition of “negligence.”

From time immemorial, reasonable reliance has been a de facto defense to negligence. the argument is that it is entirely “reasonable“ for an actor to rely upon the expertise of someone who has been retained and paid to assure the safe use of firearms on the set, just like it is entirely reasonable for you to trust your auto mechanic to properly change your brake pads (without crawling under the car yourself, to check his work).

Whether that reliance was indeed “reasonable” is the matter that will be assessed at trial.
This post was edited on 4/16/24 at 1:14 pm
Posted by jcaz
Laffy
Member since Aug 2014
15771 posts
Posted on 4/16/24 at 9:21 am to
I hate Alec Baldwin but it was negligence on the armorer’s part here, not Baldwin’s. Surely he didn’t expect LIVE frickING AMMO to be in this prop gun. She didn’t do her job and someone died.
Posted by Bigdawgb
Member since Oct 2023
943 posts
Posted on 4/16/24 at 9:26 am to
quote:

From time in memorial, reasonable reliance has been a de facto defense to negligence. the argument is that it is entirely “reasonable“ for an actor to rely upon the expertise of someone who has been retained and paid to assure the safe use of firearms on the set.


Yup, this is a nuance many are missing.

Imagine he does check the gun.
He looks and it has a bullet.

"Hey I see a bullet in here."

"Correct Mr. Baldwin, that's a blank, I checked 47x before I gave it to you. They look like real bullets because this is Hollywood and we have the best props money can buy."

So he says "idk man im not sure why don't you check it again"?
How realistic does that actually sound in that situation??

People are arguing hindsight & theory, where you just check a gun and automatically know it's a bullet instead of a blank. In reality, you're an actor (on a busy set) getting paid to ACT, and there is a professional paid SOLELY to check this stuff for you, and there is already loads of policy in place that's supposed to catch this.

Now if you want to argue policy, I'll listen. I can't imagine why a live round was permitted to begin with, or any process that could lead to it getting mixed in with blanks.

This post was edited on 4/16/24 at 9:29 am
Posted by Diamondawg
Mississippi
Member since Oct 2006
32390 posts
Posted on 4/16/24 at 9:44 am to
quote:


Whether that reliance was indeed “reasonable” is the matter that will be assessed at trial.
Pointing a gun at another actor while shooting a scene and gun and is irresponsibly managed is different than "playfully" pointing a real gun at a non-actor and discharging killing the non-actor by another non-actor at that time.
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/16/24 at 9:47 am to
quote:

Pointing a gun at another actor while shooting a scene and gun and is irresponsibly managed is different than "playfully" pointing a real gun at a non-actor and discharging killing the non-actor by another non-actor at that time.
Perhaps. That is why we have trials.
Posted by Ag Zwin
Member since Mar 2016
20034 posts
Posted on 4/16/24 at 9:51 am to
quote:

She is 100% responsible.


So, if somebody hands you a real, functioning gun and tells you it is perfectly safe, are you going to aim it at your loved one and pull the trigger?


(Full disclosure: This is a trick question. He doesn't have any "loved ones".)
Posted by roadGator
Member since Feb 2009
140964 posts
Posted on 4/16/24 at 1:08 pm to
Hi Hank. How you been?
Posted by wareaglepete
Lumon Industries
Member since Dec 2012
11124 posts
Posted on 4/16/24 at 1:15 pm to
quote:

It is a term of art (shorthand) on a movie set, and the judge utilized that term in a trial about the use of a weapon on a movie set You see that as some sort of blanket indictment of the judiciary?


Sure. I think oxymorons are stupid.
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/16/24 at 1:20 pm to
quote:

It is a term of art (shorthand) on a movie set, and the judge utilized that term in a trial about the use of a weapon on a movie set You see that as some sort of blanket indictment of the judiciary?
quote:

Sure. I think oxymorons are stupid.

Fair enough.

I shoot in a pasture, not a range, but I think that the "range terminology" is to call a weapon "cold" when it is not loaded, correct? Maybe the film industry should adopt that terminology.

FYI, here is an interview with a guy who seems to be a VERY responsible set armorer. He goes into great detail as to the proper manner to handle weapons on the set. Guess what terminology he uses ... "safe weapon."
This post was edited on 4/16/24 at 1:40 pm
Posted by roadGator
Member since Feb 2009
140964 posts
Posted on 4/16/24 at 1:21 pm to
quote:

I shoot in a pasture


How is the ranch doing? Illegals hurting anything?
Posted by beaux duke
Member since Oct 2023
430 posts
Posted on 4/16/24 at 1:24 pm to
quote:

Baldwin’s PR team has done a masterful job convincing the masses that there is some sort of special actor’s court that absolves them from responsibility when they commit a crime.

That is 100% false. All activities on a movie set must comply with the laws of the jurisdiction they operate in. It’s just like any other job site.


Pretty sure the guy that accidentally shot and killed Branon Lee on set was never charged with anything
Posted by mmcgrath
Indianapolis
Member since Feb 2010
35487 posts
Posted on 4/16/24 at 2:02 pm to
quote:

Taken directly from SAG guidelines which are attached below:

- always assume a weapon is loaded and dangerous
- never point it at anyone
- never put finger on trigger unless ready to shoot
- anyone issued a firearm must be fully trained on the weapon
Your own link says that the armored is the only person allowed to load and unload a firearm. It also talks about production requirements for a firearm to be pointed at a person or camera.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261923 posts
Posted on 4/16/24 at 2:06 pm to
quote:

I hate Alec Baldwin but it was negligence on the armorer’s part here, not Baldwin’s


Except he violated every safety rule in the book pointing and pulling the trigger, then lying about it.

His reputation on set was of a bully, and prima donna, which isnt shocking to anyone.

He literally thought he could do what he wanted and violated ages held safety rules.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261923 posts
Posted on 4/16/24 at 2:11 pm to
quote:

FYI, here is an interview with a guy who seems to be a VERY responsible set armorer


Hank, let me teach you something about human nature.

Baldwin didnt lie about pointing the gun at her and pulling the trigger because he was ignorant. He did so because he knew he was wrong.
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