Separately, the movie’s producers agree to pay a $100,000 fine per a settlement with New Mexico occupational safety regulators
By Susan Montoya Bryan
A film-industry weapons supervisor made her first formal court appearance Friday on a felony charge in the shooting death of a cinematographer by actor Alec Baldwin on the set of a Western movie.
Hannah Gutierrez-Reed's attorney said his client will plead not guilty, but the judge did not take that plea during the virtual court proceeding. Instead, the judge issued conditions of release that allow Gutierrez-Reed to keep a gun at home for self-defense.
Gutierrez-Reed and Baldwin were charged last month with felony involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins, who died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe in October 2021.
Gutierrez-Reed's attorney told the judge his client has received numerous threats and was forced to file for a restraining order against a stalker. He said authorities released documents related to the case and failed to redact identifying information that included phone numbers.
District Attorney Mary Carmack-Altwies told the judge she adamantly opposed the request because of Gutierrez-Reed's "sloppy mishandling of firearms and guns" on the set. She suggested Gutierrez-Reed could either move or keep a bat or pepper spray in her house instead.
Gutierrez-Reed's attorney, Jason Bowles, challenged the district attorney's characterization and disputed the claim about sloppiness.
"There is no allegation that she is a danger to anyone having a firearm within her home, and it's for self-protection because of actions that the state took in releasing private information. That is the reason for that request," he said.
In addition to allowing Gutierrez-Reed to have a gun at home, the judge ordered her not to have any contact with witnesses who might testify as part of the case.
A day earlier Baldwin agreed to forgo a hearing to have his rights explained to him and entered a plea of not guilty.
The judge allowed Baldwin to have limited contact with potential witnesses in connection with plans to complete the filming of "Rust." Other provisions included a prohibition on consuming alcohol and against any possession of weapons, including firearms.
Work on "Rust" was halted with Hutchins' death. Rust Movie Productions says filming is expected to resume this spring, without the use of real weapons or ammunition.
Separately Friday, the producers of "Rust" agreed to pay a $100,000 fine in connection with allegations of workplace safety violations, in a proposed settlement agreement with New Mexico occupational safety regulators.
The proposed settlement reduces the alleged safety violation to the category of "serious," from "willful-serious," and states that Rust Movie Productions "did not furnish a place of employment free from hazards in that employees were exposed to being struck by discharged rounds or projectiles when firearms were used on the set of the motion picture production."
In April 2020, New Mexico's Occupational Health and Safety Bureau slapped Rust Movie Productions with a maximum $136,793 fine while distributing 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 before 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.
Melina Spadone, an attorney for Rust Movie Productions, said Friday in a statement that the settlement would help filmmakers resume work on "Rust."
"Our top priority has always been resuming production and completing this film so we can honor the life and work of Halyna Hutchins," she said.
The involuntary manslaughter charges against Baldwin, a lead actor and co-producer on "Rust," and Gutierrez-Reed, the film's armor, are punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.
Prosecutors and defense attorneys are preparing for a likely preliminary hearing within a few months to determine whether there is sufficient evidence to proceed to trial.
Authorities said Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding director Joel Souza.
Baldwin's attorney Luke Nikas said when the charges were announced that they were "a terrible miscarriage of justice." He said Baldwin relied on the professionals with whom he worked and "had no reason to believe there was a live bullet in the gun."
Bowles had said the charges were the result of "a very flawed investigation and an inaccurate understanding of the full facts." He said he believed jurors will exonerate his client.
Prosecutors say assistant director David Halls, who oversaw safety on set, has signed an agreement to plead guilty in the negligent use of a deadly weapon, explaining that he may have handled the gun improperly before it was given to Baldwin.
A judge is scheduled to consider approval of the plea agreement in March. Halls waived his first appearance in court.
AP writer Montoya Bryan reported from Albuquerque, New Mexico. Associated Press writer Morgan Lee contributed from Santa Fe, New Mexico.
Jennifer Kent On Why Her Feature Directing Debut, “The Babadook,” Continues To Haunt Us
"The Babadook," when it was released 10 years ago, didn't seem to portend a cultural sensation.
It was the first film by a little-known Australian filmmaker, Jennifer Kent. It had that strange name. On opening weekend, it played in two theaters.
But with time, the long shadows of "The Babadook" continued to envelop moviegoers. Its rerelease this weekend in theaters, a decade later, is less of a reminder of a sleeper 2014 indie hit than it is a chance to revisit a horror milestone that continues to cast a dark spell.
Not many small-budget, first-feature films can be fairly said to have shifted cinema but Kent's directorial debut may be one of them. It was at the nexus of that much-debated term "elevated horror." But regardless of that label, it helped kicked off a wave of challenging, filmmaker-driven genre movies like "It Follows," "Get Out" and "Hereditary."
Kent, 55, has watched all of this — and those many "Babadook" memes — unfold over the years with a mix of elation and confusion. Her film was inspired in part by the death of her father, and its horror elements likewise arise out of the suppression of emotions. A single mother (Essie Davis) is struggling with raising her young son (Noah Wiseman) years after the tragic death of her husband. A figure from a pop-up children's book begins to appear. As things grow more intense, his name is drawn out in three chilling syllables — "Bah-Bah-Doooook" — an incantation of unprocessed grief.
Kent recently spoke from her native Australia to reflect on the origins and continuing life of "The Babadook."
Q: Given that you didn't set out to in any way "change" horror, how have you regarded the unique afterlife of "The... Read More