The gun that Alec Baldwin accidently fired and killed Haylna Hutchins was a vintage Colt pistol
Baldwin was using the prop gun, which was supposed to contain blank rounds, during a scene when it discharged and pierced Hutchins' chest and hit director Joel Souza
Hutchins was airlifted to the hospital but she was pronounced dead; there are now claims there were two other incidents earlier in the film's shooting
Production crew on the set of Rust had longed complained about long commutes and poor working conditions before the incident as replacement workers were brought in on the day of the accident
Hutchins, who had been advocating for better working conditions, stayed on set as Baldwin and the rest of the cast prepared for an action scene when the gun went off
It is currently unknown who prepped the Colt, how they prepped it or why the weapon fired
The gun that killed filmmaker Halyna Hutchins was a Colt pistol, DailyMail.com has exclusively learned.
Alec Baldwin was handling the vintage gun on the set of Rust in Santa Fe, New Mexico, when it accidentally discharged – killing mom-of-one Hutchins, 42, and wounding director Joel Souza.ADVERTISEMENTi-amphtml-sizer">
According to a call sheet obtained by DailyMail.com, Baldwin was taking part in a mock gunfight inside the church building on the Bonanza Ranch film set when Hutchins was hit.template type="amp-mustache"">>/amp-minute-media-player">>
Co-stars Jensen Ackles, Swen Temmel and Travis Hammer were also in the scene – numbered 121 - alongside Baldwin’s stunt double Blake Teixeira and stunt coordinator Allan Graf.
Production notes show the Colt pistol was one of several weapons on set at the time but the only one used in 121 and the preceding 118.
Filming had been due to continue with a scene that showed Baldwin being thrown into a stagecoach but it was halted following the accident.
Further scenes featuring Baldwin and Ackles had been scheduled for today and over the weekend but have now been postponed indefinitely.
The crew on Baldwin's movie set were already concerned about gun safety before he accidentally shot and killed Hutchins, and the prop master in charge of the firearm that killed her had reportedly just joined the crew after a union walkout.
A search warrant released Friday said that an assistant director handed Baldwin a gun loaded with live rounds and indicated it was safe to use in the moments before the fatal shooting.
The warrant indicated that a single bullet struck Hutchins in the chest, and then struck director Joel Souza in the shoulder as he was standing behind her, injuring him, suggesting the bullet traveled all the way through Hutchins' body.
Unionized workers had walked off the set hours before the fatal shooting, after they complained about long hours, shoddy conditions and another safety incident days earlier involving 'two misfires' of a prop weapon.ADVERTISEMENTi-amphtml-sizer">
And the yet-unnamed prop master who oversaw the gun used in the fatal shooting was a nonunion worker who was 'just brought in' to replace the workers who left over safety concerns, a source involved in the movie told the New York Post.
Unionized employees had been complaining about the fact they had to stay overnight in Albuquerque - an hour's drive from the set - and not Sante Fe because production wouldn't pay for their hotels, according to sources cited by The Los Angeles Times and multiple social media posts by film and TV insiders.
When they turned up to set to clear their things on Thursday, they found they'd been replaced by locals.
It begs the question of who those local workers were, what their training was and to what extent did they check the weapon before it was handed to Baldwin.
Deadline also cites an unnamed source who said a gun had gone off 'in a cabin' while someone was holding it, days prior to the shooting that killed Hutchins.
'A gun had two misfires in a closed cabin. They just fired loud pops – a person was just holding it in their hands and it went off,' they said, apparently referring to unintentional discharges.
Rust Production LLC did not respond to repeated requests for comment from DailyMail.com on Friday about the incident, but members of the union that represents many of the crew who were involved in the production said they had expressed fears about on-set safety.i-amphtml-sizer">
It is the same union that had been threatened to galvanize an industry-wide strike in protest over poor working conditions including low pay and laxed safety. IATSE Local 44 - whose members were involved in the Rust production - said in a statement to its members that no union members were on the set on Thursday.
ALEC BALDWIN ON-SET TRAGEDY: WHAT COULD HAVE GONE WRONG?
The Santa Fe Sheriff's Office continues to investigate what exactly happened on the set that led to the death of Hutchins and the injury of the director, but past accidents involving guns on movie sets present a range of options for what could have led to the tragedy.
Squib load - something was lodged in the barrel of the gun when Baldwin fired
One possibility is that an object was stuck in the barrel of the prop gun that Baldwin was using. Known as a squib load, it happens when a cartridge isn't fired from the barrel because the gas isn't strong enough to push it out.
In itself, it is not dangerous and can be fixed if the gun is safely cleared but if someone keeps firing rounds from that same gun - live or not - it can be highly dangerous.
If a second round is fired behind the stuck round, it can cause the weapon to explode, or injure people in the near vicinity.
A real bullet was accidentally loaded, or part of one was, instead of a blank
After firing the gun, Baldwin's immediate reaction was to ask why he'd been handed a 'hot' gun - meaning one containing live bullets.
That is what happened in the 1993 shooting of actor Brandon Bruce Lee on the set of The Crow.
Those on set thought the gun was loaded with blanks, but an autopsy revealed a .44 caliber bullet was lodged near Lee's spine.
Police recovered dummy shell casings from the set.
A dummy, unlike a blank, looks like a live round with a bullet at the tip of the cartridge.
Blast from the blank struck something else on set
One possibility, though it is not likely, is that the blank hit something else, damaged it, and caused that prop or piece of equipment to send pieces flying towards the director and Hutchins.
Rhys Muldoon who has used guns on set many times and says even blanks are dangerous, speculated at that possibility, telling the BBC: 'The first thought I had is this is a close up of a gun being fired by the actor, very close to the frame of the camera, that has misfired, hit the DoP, and then something has either come off the French Flag or the black box like a part of the camera and hit the director as well.'
But movie experts say even in those cases, there should be more safeguards in place.
'If you are in the line of fire... You would have a face mask, you would have goggles, you would stand behind a Perspex screen, and you would minimize the number of people by the camera.
'What I don't understand in this instance is how two people have been injured, one tragically killed, in the same event,' Steven Hall, who has worked on films such as Fury and The Imitation Game, told BBC.
One text message that was circulating on social media, shared repeatedly by union members, refers to a 'walk out' by staff the day before the tragedy.ADVERTISEMENTi-amphtml-sizer">
The text message claims that Halyna was one of the few people who decided to stay. She belonged to IATSE Local 600 and had been campaigning for better conditions for her team when she was killed.
One person who was involved with the production posted on social media that crew had been sleeping in their cars at the movie set because they were too tired to drive the one-hour back to Albuquerque after grueling days.
The movie does not have a large budget like other productions, and one experienced prop master who was offered the job turned it down because it wasn't paying enough for her to take the job.
DailyMail.com spoke with the crew member who ranted on social media about the deplorable work conditions that led union members to walk out hours before the fatal accident.
'I am literally on the show in New Mexico with him and the producers on that movie are treating the local crew like f**king dog sh*t,' he wrote in one post earlier this week.
'At the moment I'm fighting to get my crew, on this movie, hotel rooms when we go long or are too tired to drive the hour back from location to Albuquerque,' he wrote in another. 'They either say no or offer a garbage roadside motel….'
Reached by DailyMail.com and shown the posts in question, the member, who lives in Albuquerque, N.M., didn't deny he wrote them. But he wouldn't answer follow-up questions, saying he didn't want to interfere with the police investigation.
'I can't speak to anything until I know that the police have the strongest possible case against the people who are ultimately responsible for this,' he told DailyMail.com.
Zak Knight, a pyrotechnic and special effects engineer who is a member of Local 44, told DailyMail.com on Friday that he'd heard from others involved in the production that there was a walk-out.
'It's very possible that the union members said 'we're out', and they brought in people to fill the positions on the fly. There's a lot of grey area.'
He added that different gun laws between New Mexico and California may have also contributed to the accident. In California, both a trained armorer and a prop master is required on a film set and those are the standards the union adheres to as well.
'You will find the best and most well-trained individuals in Los Angeles. You can't guarantee that as you go across the country,' he told DailyMail.com on Friday.
In the days before the tragedy, IATSE had been threatening a large-scale strike that would have crippled Hollywood production. Among the complaints were overworking staff and poor rates. Baldwin recorded a video of himself encouraging the union members to strike if they felt they needed to, saying studio bosses 'don't give a f**k about you', that the union shared online.
'There's a direct correlation between maintaining a safe set and the hours that we work. At a certain time there's no such thing as a safe set if we're all exhausted,' Knight, a special effects artist, said.
Whatever happened in the moments leading up to her death, Knight said it was caused by a 'cascade of failures' by multiple people.
'We have a hard and fast rule that no live ammunition ever goes into a prop truck or set at any time. We just don't do it.
'If you see bullets on set they are complete dummy rounds and are in no way functional. This goes back to Brandon Lee. There's protocol.
'There should have never been live rounds on a movie set, that's number one. Number two is every single person on a movie set has a right to inspect a weapon before it's fired. And number three is, there is no reason to ever put a person in front of a weapon that's firing.
'Anytime you see a movie where the barrel is pointed down the camera lens, there should not be an operator behind it. It's obvious that the considerations of this resulted in that gun being pointed directly at two people.
'We would have additionally had a barrier between them.
'A large number of people failed to do our protocols... every accident is a cascade of events,' he said.
Baldwin was handed a loaded weapon by an assistant director who indicated it was safe to use in the moments before the actor fatally shot a cinematographer, court records released Friday show.
The assistant director did not know the prop gun was loaded with live rounds, according to a search warrant filed in a Santa Fe court.
The warrant was obtained Friday so that investigators could document the scene at the ranch where the shooting took place. It notes that Baldwin´s blood-stained costume was taken as evidence, as was the weapon that was fired.
Investigators also seized other prop guns and ammunition that were being used during shooting of the film starring Baldwin.
One Santa Fe prop master told Daily Mail that had the gun been checked properly before it was handed to Baldwin, the tragedy wouldn't have occurred.
'If they'd done their job checking the weapon this wouldn't have happened. You show the assistant director the weapon, you show the actor the weapon, you show everybody it's a safe weapon. There's a big chain of command that missed an opportunity to save a life.'
Rust Productions LLC has opened an internal investigation into what happened but will not comment on the specifics.
A Sante Fe County Sheriff Department spokesman said on Friday afternoon: 'The investigation remains active and open. Witnesses continue to be interviewed and evidence collected.'
In addition to the criminal probe, New Mexico's Occupational Health and Safety Bureau is investigating Hutchins' death, and could impose civil penalties even if no charges are brought in the case.
'Our state OSHA program is investigating this,' Rebecca Roose, deputy cabinet secretary of the New Mexico Environment Department,' told Deadline.
'The state takes all workplace safety issues very seriously and will work diligently through our investigation of this tragic fatality.'
Baldwin, 63, tweeted on Friday afternoon to say he had spoken with the victim's husband and that he was fully cooperating with law enforcement.
'There are no words to convey my shock and sadness regarding the tragic accident that took the life of Halyna Hutchins, a wife, mother and deeply admired colleague of ours.
'I'm fully cooperating with the police investigation to address how this tragedy occurred and I am in touch with her husband, offering my support to him and his family.
'My heart is broken for her husband, their son, and all who knew and loved Halyna,' he said.
He was pictured doubled over in grief on Thursday after speaking to the Santa Fe County Sheriff's Department.i-amphtml-sizer">
Hutchins' grieving husband Matthew told DailyMail.com on Friday morning that he had spoken with the actor.
'I have spoken with Alec Baldwin and he is being very supportive,' he said.
Baldwin was heard asking people around him why he'd been handed a 'hot gun'.
'In all my years, I've never been handed a hot gun,' he was heard saying.
Last month, actor Jensen Ackles told a conference in Denver how he'd been able to 'choose' his own gun from the female armorer in a haphazard training session.
'They had me pick my gun. They were like, 'Alright, what gun would you like?' I was like, 'I don't know', and the armorer was like, 'Do you have gun experience?' I was like, 'A little', she was like, 'This is how you load it...check it's safe. Do you want it hip drawn or cross drawn?' I was like 'cross drawn, that sounds fun'.'
'So she's like, 'I'll just put some blanks in there and just fire a couple of rounds towards the hill.'
'I walk out and she's like, 'Just make sure you pull the hammer all the way back and aim at your target'.
'I was like alright I got it,' he said. The female armorer has not been named.
It's unclear where Baldwin is now. There was no sign of his wife, Hilaria, outside their New York City apartment on Friday but a nanny was pictured loading up their SUV.
The production employed '73 New Mexican crew, 22 New Mexico principal actors, and 230 New Mexico background talent' according to a press release issued earlier this month.
According to the prop masters' union email, the 'Props, Set Decoration, Special Effects and Construction Departments were staffed by New Mexico crew members' - none of whom belonged to the union.
In the days before the tragedy, IATSE had been threatening a large-scale strike that would have crippled Hollywood production.
Among the complaints were overworking staff and poor rates. Baldwin recorded a video of himself encouraging the union members to strike if they felt they needed to, saying studio bosses 'don't give a f**k about you', that the union shared online.
The tragedy is reminiscent of the 1993 accident on the set of The Crow, when Bruce Lee's son Brandon was shot and killed by a fellow actor.
The film crew in that accident thought the gun was loaded with dummy bullets and blanks, but an autopsy revealed Lee had a .44 caliber bullet lodged in his spine. Investigators in that shooting also probed the theory that a dummy cartridge got stuck in the barrel before the second was fired - a known hazard in shooting which can cause serious injuries or death when the second round is fired.
Rhys Muldoon, an Australian actor who has worked extensively in film and TV, also suggested that a blank misfiring close to the camera could have caused Thursday's accident - telling the BBC that material from the blank round could have struck Hutchins before causing part of the camera to hit Souza.
Will Baldwin face charges? Legal experts tell DailyMail.com massive civil suit is a virtual certainty, but say any criminal prosecution would likely focus on whoever prepared the prop gun
By Keith Griffith for DailyMail.com
Legal experts tell DailyMail.com that following Halyna Hutchins' death, lawsuits naming Alec Baldwin are a virtual certainty, but that any potential criminal charges are more likely to center on whoever loaded the gun.
Baldwin said Friday that his killing of a cinematographer with a prop gun on a movie set was a 'tragic accident' as authorities investigated the shooting, which also wounded the director.
Hutchins, the cinematographer on the Western movie Rust, was killed and director Joel Souza was shot and injured on Thursday in the desert on the outskirts of Santa Fe.
A spokesperson for Baldwin said a prop gun with blanks 'misfired'. A spokesman for the Santa Fe County sheriff said detectives were investigating what type of projectile was discharged and how. No immediate charges were filed.
Key facts in the case have not yet been publicly confirmed, including who loaded the prop weapon, what kind of cartridges it was loaded with, and how and why a projectile was expelled.
'If Baldwin or another person was negligent, a civil suit is almost a no-brainer at this point -- a very high likelihood,' attorney Jamie White, who has experience in both criminal defense and civil prosecutions, told DailyMail.com.
'It is not likely that it was Baldwin's job to prepare props. There are other parties associated with putting those things in motion,' he added.
'As the facts have thus far been presented, Baldwin will not be charged with an intentional act of violence,' said White.
'However, it is not unheard of to be charged with significant negligence. There are a lot more facts that need to be developed, but studios take extensive cautions in light of Brandon Lee's death in 1993,' he said, referring to the actor killed by a squib load on the set of The Crow.
Los Angeles personal injury attorney Miguel Custodio said that as the facts that are known stand, 'liability certainly points to Rust Movie Productions and the prop manager.'
Custodio noted that any lawsuit is likely to name Baldwin, however, due to his role as a producer of the movie as well as an actor.
'As the actor, Alec Baldwin has little liability because you're given something and you're trusting the prop manager to have checked everything out,' he said. 'Baldwin the producer may bear more responsibility, depending on if he is just an investor or has a more active role in the making of the film, which I suspect he does.'
'Overall, this is horrible negligence and Ms. Hutchins' survivors should go after everyone they can,' added Custodio. 'It's likely they'll go after Baldwin the actor, Baldwin the producer, the film company and the prop manager.'
Former federal prosecutor Neama Rahmani, president of West Coast Trial Lawyers, said that criminal charges are possible in the case, but that a murder charge is unlikely.
'A charge of murder is unlikely because it requires the intent to kill. There is no evidence that Baldwin indeed intended to kill,' said Rahmani.
'A manslaughter charge might be more likely, because it does not require intent to kill, but does require criminal negligence or gross negligence,' he added. 'In this case, there are reports that the prop gun was loaded with live rounds. If that is true, that is grossly negligent, and whoever loaded the gun is going to be responsible.
'Baldwin, if he had no knowledge whatsoever that the gun was loaded with a live round instead of a blank, wouldn't have any criminal liability,' said Rahmani.
Rahmani said that if a live round were loaded by mistake, its likely to be a case of simple negligence, which would not bring criminal liability.
'There is a rare circumstance where there can be criminal charges without any knowledge that the round was live,' he said.
'That's when there's deliberate indifference or willful ignorance. It's very hard to prove, which is why these types of prosecutions are rare.'
'It comes down to what was in the gun, who put it in, and what did he or she know when they put the round in there,' added Rahmani. 'If it was a blank, even blanks can be dangerous when discharged at close distances. That can be grossly negligent.'
Custodio speculated that any civil suit brought by the family of Hutchins was likely to seek a large amount of damages.
'She was 42 and had an incredibly promising future, so her potential earnings were likely to be significant,' he said.
'It's also clear that somebody failed her in the most basic way — to check whether a gun was safe — and may be criminally negligent,' added Custodio. 'And remember, director Joel Souza also was injured, and many others on set also are traumatized and affected by this.'ADVERTISEMENTi-amphtml-sizer">
No criminal charges have been filed in the case, but police say an active investigation is underway. Baldwin has pledged to cooperate fully with the investigation.
'Kind and loving' cinematographer killed in Alec Baldwin tragedy: Ukraine-born married mother Halyna Hutchins, 42, was raised on a Soviet military base surrounded by nuclear submarines, trained as a journalist and was tipped as a rising star in Hollywood
Sun streaming from above, cinematographer Halyna Hutchins smiles into the camera as she films herself riding off into the New Mexico desert on horseback.
This was the last Instagram post shared by the married mother-of-one before she was accidentally killed by actor Alec Baldwin when he fired a prop gun while filming a scene for an upcoming Western on a ranch near Santa Fe.
Born in Ukraine and raised on a Soviet military base 'surrounded by reindeer and nuclear submarines', Halyna, 42, had trained as a journalist and spent time in Europe working on British documentaries before making the move to Los Angeles, where she had established her career - and started a family.i-amphtml-sizer">
Remembered by friends as a 'kind' and 'loving soul', Halyna lived in Venice Beach, California, with her husband Matthew, a lawyer, and their son Andros, known affectionately as her 'little man' and thought to be around nine years old.
'Halyna loved him so much and enjoyed watching him grow into the handsome boy he is today,' one friend wrote in a moving Instagram tribute. 'I know she is looking after him and Matt in this horribly scary time.'
Social media photos capture a playfulness and sense of adventure, with Halloween costume parties, road trips with friends and days out exploring all lit up by Halyna's smile.
She was also highly regarded by her peers and had been tipped as a 'rising star' by other cinematographers. 'She was somebody who was absolutely dedicated to art and integrity,' director, colleague and friend Adam Mortimer told GMB this morning. 'I can tell already she was going to be a genius.'
Baldwin, 62, was filming a scene for new film Rust when the gun went off around 1.50pm, fatally wounding Hutchins and leaving writer-director Joel Souza, 48, injured. The incident took place at at Bonanza Creek Ranch.
Hutchins was rushed to the University of New Mexico Hospital in an air ambulance but was pronounced dead a short time after.
Souza was taken by ambulance to the Christus St Vincent Regional Medical Center. He has since been released although his exact condition is unclear.
Will Stewart, Daily Mail's Moscow correspondent, told how Halyna had worked for him in the mid-2000s.
'This is devastating and incomprehensible news about the death of Halyna Hutchins. She worked for my news agency from Kyiv for several years in the mid-2000s after graduating from a local university in International Journalism.
'Halyna was involved in many stories for British newspapers and magazines, but she showed a special talent for documentaries, perhaps her first taste of film in which she went on to be so successful in America.
'At this time while she was with us, in 2006, she was Associate Producer on a documentary for Discovery Channel on Ukrainian icon Leonid Stadnyk called World's Tallest Man, made by British company Wild Pictures.
'She was instrumental in Mr Stadnyk feeling at ease taking part in the documentary which focused on the problems of being exceptionally tall.
'The film, made by leading British director Richard Denton, with former BBC Head of Documentaries Paul Hamann as executive producer, would not have happened without her.
'Mr Stadnyk, a shy man, trusted Halyna after refusing many other film offers, and thanked her afterwards.
'Pictures ahead of the film shows him towering over Halyna at his home in the village of Podoliantsy.
'She later went to the US with her husband Matt and accomplished great things through her huge talent and creativity but also her relentless determination to study and learn.
'She once told my Russian colleagues that she felt she was a perpetual student in America, but her efforts paid off and she achieved the success she thoroughly deserved.
'It is tragic that she died in such a cruel and inexplicable way while doing the job she so loved.
'Our thoughts and prayers are with Matt and their son, and Halyna's family in Ukraine.'
Richard Denton, producer behind Shakespeare Uncovered and many films in the former USSR, said today: 'Halyna was the most wonderful, vital, lively and positive person to work with.
'She was friendly and enormously helpful. She handled everything from translating interviews to making Leonid's horse move in the right direction.
'She was completely unpretentious and incredibly professional.'
Her death was 'senseless and stupid.'
Source : https://www.dailymail.co.uk/news/article-10122433/amp/Gun-killed-filmmaker-Halyna-Hutchins-set-Rust-vintage-Colt-pistol.html6339