This browser does not support the Video element.
Full video: What Hutchins family attorneys claim happened on 'Rust' set
In support of their wrongful death lawsuit against Alec Baldwin and others involved in the 'Rust' movie production, lawyers for the family of slain cinematographer Halyna Hutchins released their version of events around the on-set gunshot that left her dead in October. (DK GLOBAL)
SANTA FE, N.M. (AP) - New Mexico workplace safety regulators on Wednesday issued the maximum possible fine against a film production company for firearms safety failures on the set of "Rust" where a cinematographer was fatally shot in October 2021 by actor and producer Alec Baldwin.
New Mexico’s Occupational Health and Safety Bureau said Rust Movie Productions must pay $139,793, and distributed a scathing narrative of safety failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set prior to the fatal shooting. The bureau also documented gun safety complaints from crew members that went unheeded and said weapons specialists were not allowed to make decisions about additional safety training.
"What we had, based on our investigators’ findings, was a set of obvious hazards to employees regarding the use of firearms and management’s failure to act upon those obvious hazards," Bob Genoway, bureau chief for occupational safety, told The Associated Press.
RELATED: ‘Rust’ shooting: Alec Baldwin, producers sued by family of Halyna Hutchins
This browser does not support the Video element.
Alec Baldwin's 1st remarks since ‘Rust’ movie prop gun shooting: ‘She was my friend’
Alec Baldwin spoke to photographers in Vermont where he said he is cooperating with police and has been speaking to them every day. Baldwin maintained that he could not speak on the active investigation. (Credit: FOX News Digital)
At a ranch on the outskirts of Santa Fe on Oct. 21, 2021, Baldwin was pointing a gun at cinematographer Halyna Hutchins inside a small church during setup for the filming of a scene when it went off, killing Hutchins and wounding the director, Joel Souza.
Baldwin said in a December interview with ABC News that he was pointing the gun at Hutchins at her instruction on the New Mexico set of the Western film when it went off without his pulling the trigger.
The new occupational safety report confirms that a large-caliber revolver was handed to Baldwin by an assistant director, David Halls, without consulting with on-set weapons specialists during or after the gun was loaded. Regulators note that Halls also served as safety coordinator and that he was present and witnessed two accidental discharges of rifles on set, and that he and other managers who knew of the misfires took no investigative, corrective or disciplinary action. Crew members expressed surprise and discomfort.
This browser does not support the Video element.
Alec Baldwin 'Rust' shooting: New developments involving actor's cellphone
New developments in the deadly "Rust" movie set shooting investigation involving actor Alec Baldwin. Police in New Mexico are still trying to obtain the actor's cellphone and are working with authorities in NY to get the phone. Baldwin has said that he is cooperating with the investigation
"The Safety Coordinator was present on set and took no direct action to address safety concerns," the report states. "Management was provided with multiple opportunities to take corrective actions and chose not to do so. As a result of these failures, Director Joel Souza and cinematographer Halyna Hutchins were severely injured. Halyna Hutchins succumbed to her injuries."
A spokesman for Rust Movie Productions did not immediately respond to an email seeking comment. An attorney for Baldwin was not immediately available.
James Kenney, secretary of the Environment Department that oversees occupational safety, said the agency dedicated 1,500 staff hours to its investigation, examined hundreds of documents and conducted at least a dozen interviews with cast and crew members.
RELATED: Alec Baldwin discharges prop gun on 'Rust' movie set, killing crew member, injuring director
Investigators found production managers placed tight limits on resources for a small team that controlled weapons on set and failed to address concerns about a shotgun left unattended twice.
Armorer Hannah Gutierrez Reed, the daughter of a sharpshooter and consultant to film productions, was limited to eight paid days as an armorer to oversee weapons and training, and was assigned otherwise to lighter duties as a props assistant. As her time as an armorer ran out, Gutierrez Reed warned a manager and was rebuffed.
This browser does not support the Video element.
Alec Baldwin development: Lawyers say 'Rust' contract makes actor blameless in shooting | LiveNOW from FOX
Alec Baldwin says his "Rust" contract makes him free of liability in the fatal shooting of Halyna Hutchins. Baldwin's lawyers filed an arbitration claim, alleging his deal shields him from any financial responsibility in connection with Hutchins' death.
Safety investigators also note that the production company did not develop a process to ensure live rounds of ammunition were not brought on set, in violation of industry safety protocols. Safety meetings were conducted, but not every day weapons were used, as required.
Kenney said the separate investigations into possible criminal charges are still underway.
He said his agency received no direct safety complaints from cast or crew prior to the fatal shooting, even though anonymity is offered.
RELATED: Alec Baldwin posts letter from crew defending 'Rust' work conditions
"This tragedy, this loss of life, it could have been prevented, and we want people to say something," he said.
Kenney was appointed in 2019 by Democratic Gov. Michelle Lujan Grisham, a staunch advocate for the film industry who increased a state cap in industry incentives shortly after taking office.
New Mexico competes with non-Hollywood production sites in states such as Georgia, Louisiana and New York. Film productions have flocked to New Mexico in recent years to seize on its diverse outdoor scenery, moderate costs and generous state incentives, including a rebate of between 25% and 35% of in-state spending for video production that helps filmmakers large and small underwrite their work.