Witness at trial recounts fatal shooting of cinematographer by Alec Baldwin
U.S. Court News
Testimony at trial Monday turned emotional and argumentative as an eyewitness recounted the fatal 2021 shooting of a cinematographer by actor Alec Baldwin during a movie rehearsal and described gun misfires, crew members walking out and a “ludicrous” pace of work.
Hannah Gutierrez-Reed, who was the armorer for the upcoming Western movie “Rust,” is fighting charges of involuntary manslaughter and tampering with evidence at a trial that entered its third day of testimony Monday. A trial date was set for Baldwin in July on a single charge of involuntary manslaughter in the death of cinematographer Halyna Hutchins. He has pleaded not guilty.
Defense attorneys highlighted Gutierrez-Reed’s unusual disadvantage and vulnerability at the time as a part-time, 24-year-old armorer without trade-union membership on a set where few dared confront Baldwin directly about concerns about safety and related budgeting.
Monday’s testimony veered into the actor’s handling of the revolver that killed Hutchins — including a video of Baldwin twice practicing a cross-draw maneuver for a camera on Oct. 21, 2021, shortly before the fatal shooting that day. Investigators found no video of the shooting.
The video of Baldwin was accompanied by searing testimony from Ross Addiego, a front-line “Rust” crew member who helped guide the film’s camera. Addiego said that in the moments after a shot rang out on set, he made eye contact with a wounded Hutchins and tried to calm wounded director Joel Souza.
“The first person I made eye contact with was Halyna, who was clearly injured. In fact, she was starting to go flush and I think holding her right side,” said Addiego, breaking into tears. “I think I yelled out, ‘If you can’t help, get ... out of here, and someone call 911.’”
Prosecutors guided Addiego through testimony in which he described his anger and frustration with safety procedures on set, including the sight of a storage cart for guns and ammunition that frequently appeared to be unattended and Gutierrez-Reed’s work as an armorer in charge of loading guns with blank and dummy rounds. Investigators found six live rounds on the set of “Rust,” including the one that killed Hutchins.
Addiego noted two gun misfires on set — confirmed as blank rounds without projectiles by workplace safety regulators — and just one safety meeting over the course about two work weeks, when daily meetings are the norm.
He said prior to the fatal shooting he lodged safety complaints with union representatives and the film’s top safety official, assistant director David Halls, who pleaded no contest last year to a charge of negligent use of a deadly weapon and may be called on to testify.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.