New Mexico fines 'Rust' producers nearly $140K for safety violations in fatal shooting of Halyna Hutchins
The state of New Mexico on Wednesday levied a nearly $140,000 fine against the production company behind the the film "Rust" for safety violations which culminated in the on-set shooting death last October of cinematographer Halyna Hutchins by actor Alec Baldwin.
The fine against Rust Movie Productions, LLC was imposed by the state's Occupational Health and Safety Bureau, which determined firearm-safety procedures were not being followed on the set, and concluded that producers showed "plain indifference to employee safety."
The bureau fined the production company $136,793, which it called the maximum fine allowable by state law.
"Our investigation found that this tragic incident never would have happened if Rust Movie Productions, LLC had followed national film industry standards for firearm safety," New Mexico Environment Cabinet Secretary James Kenney said in a statement. "This is a complete failure of the employer to follow recognized national protocols that keep employees safe."
According to a bureau statement, the citation was issued for "the plain indifference to the recognized hazards associated with the use of firearms on set that resulted in a fatality, severe injury, and unsafe working conditions."
No criminal charges have yet been filed in the case. The Santa Fe County Sheriff's Office and the Santa Fe County District Attorney are investigating.
"Rust" representatives could not be reached for immediate comment.
On the afternoon of Oct. 21, 2021, on the set of the Western "Rust," just outside Santa Fe, a single live round from a Pietta Colt .45 revolver fired by Baldwin struck and killed Hutchins and wounded the film's director, 48-year-old Joel Souza.
The 64-year-old Baldwin, one of the producers on the film, was inside a church building, sitting on a wooden pew, rehearsing unholstering his prop gun and pointing it at the camera when he fired it, according to one of several search warrants filed by Santa Fe County Sheriff's investigators. Hutchins was hit in the chest and Souza in the shoulder.
The firearm, which authorities confirmed was loaded with a live round, was "handled and/or inspected" by the film's armorer, Hannah Gutierrez-Reed, and assistant director Dave Halls, prior to it being fired by Baldwin.
The gun was only supposed to be loaded with dummy rounds. According to sheriff's investigators, Halls handed Baldwin the prop gun and yelled that it was a "cold gun," meaning it was not loaded with live ammunition.
A total of about 500 rounds of ammunition were seized by investigators from the "Rust" movie set following the shooting. They included blanks, dummy rounds and what investigators suspect were other live rounds.
In releasing their report Wednesday, New Mexico state authorities said the "Rust" production company violated national guidelines for firearm safety on the set.
"The guidelines require live ammunition `never to be used nor brought onto any studio lot or stage,' that safety meetings take place every day when firearms are being handled, and that employees `refrain from pointing a firearm at anyone' except after consultation with the Property Master, Armorer or other safety representative, such as the First Assistant Director," according to a statement from the state. "By failing to follow these practices, an avoidable loss of life occurred."
The film's producers have 15 days to either pay the penalty or contest the fine.
The shooting has triggered an array of lawsuits and legal claims by members of the crew. Following Hutchins' death, there were reports of upheaval on the set and discord among crew members over safety issues.