New Mexico Fines ‘Rust’ for Willful Gun Safety Failures

The Bonanza Creek Ranch, where the film "Rust" was being filmed, appears in Santa Fe, N.M. on Oct. 23, 2021. (AP)
The Bonanza Creek Ranch, where the film "Rust" was being filmed, appears in Santa Fe, N.M. on Oct. 23, 2021. (AP)
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New Mexico Fines ‘Rust’ for Willful Gun Safety Failures

The Bonanza Creek Ranch, where the film "Rust" was being filmed, appears in Santa Fe, N.M. on Oct. 23, 2021. (AP)
The Bonanza Creek Ranch, where the film "Rust" was being filmed, appears in Santa Fe, N.M. on Oct. 23, 2021. (AP)

New Mexico workplace safety regulators on Wednesday issued the maximum possible fine of nearly $137,000 against a film production company for firearms safety failures on the set of “Rust” where a cinematographer was fatally shot in October by actor and producer Alec Baldwin.

New Mexico’s Occupational Health and Safety Bureau said Rust Movie Productions must pay $136,793, 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.

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.

“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.

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.

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.

“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.



Michael Douglas and Danny DeVito Revisit ‘One Flew over the Cuckoo’s Nest’ for Its 50th Anniversary

Michael Douglas, left, and Danny DeVito appear at the 5th Annual Reel Stories, Real Lives Benefit on April 7, 2016, in Los Angeles. (AP)
Michael Douglas, left, and Danny DeVito appear at the 5th Annual Reel Stories, Real Lives Benefit on April 7, 2016, in Los Angeles. (AP)
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Michael Douglas and Danny DeVito Revisit ‘One Flew over the Cuckoo’s Nest’ for Its 50th Anniversary

Michael Douglas, left, and Danny DeVito appear at the 5th Annual Reel Stories, Real Lives Benefit on April 7, 2016, in Los Angeles. (AP)
Michael Douglas, left, and Danny DeVito appear at the 5th Annual Reel Stories, Real Lives Benefit on April 7, 2016, in Los Angeles. (AP)

Jack Nicholson did not want to go to the Oscars. It was 1976 and he was nominated for best actor in “One Flew Over the Cuckoo’s Nest.” The Miloš Forman film, which is celebrating its 50th anniversary with a nationwide theatrical re-release on July 13 and July 16, had become a bit of a sensation — the second highest grossing picture of 1975, behind “Jaws,” and had received nine Oscar nominations.

But Nicholson wasn’t feeling optimistic. In five years, he’d already been nominated five times. He’d also lost five times. And he told his producer, Michael Douglas, that he couldn’t go through it again.

“I remember how hard I had to persuade Jack to come to the ceremony. He was so reluctant, but we got him there,” Douglas said in a recent interview with The Associated Press. “And then of course we lost the first four awards. Jack was sitting right in front of me and sort of leaned back and said ’Oh, Mikey D, Mikey D, I told you, man.’ I just said, ‘Hang in there.’”

Douglas, of course, was right. “One Flew Over the Cuckoo’s Nest” would go on to sweep the “big five” — screenplay, director, actor, actress and picture — the first film to do so in 41 years, (“It Happened One Night,” in 1934) which only “The Silence of the Lambs” has done since. That night was one of many vindicating moments for a film that no one wanted to make or distribute that has quite literally stood the test of time.

“This is my first 50th anniversary,” Douglas said. “It’s the first movie I ever produced. To have a movie that’s so lasting, that people get a lot out of, it’s a wonderful feeling. It’s bringing back a lot of great memories.”

The film adaption of Ken Kesey’s countercultural novel was a defining moment for Douglas, a son of Hollywood who was stuck in television and got a lifeline to film when his father, Kirk Douglas, gave him the rights to the book, and many of the then-unknown cast like Danny DeVito and Christopher Lloyd.

DeVito was actually the first person officially cast. Douglas, who’d known him for nearly 10 years, brought Forman to see him play Martini on stage.

“Miloš said, ‘Yes! Danny! Perfect! Cast!’” Douglas said in his best Czech accent. “It was a big moment for Danny. But I always knew how talented he was.”

A Joyful Shoot

Though the film's themes are challenging, unlike many of its New Hollywood contemporaries it wasn’t a tortured shoot by any stretch. They had their annoyances (like Forman refusing to show the cast dailies) and more serious trials (they found out halfway through production that William Redfield was dying of leukemia), but for the most part it was fun.

“We were very serious about the work, because Miloš was very serious. And we had the material, Kesey’s work, and the reverence for that. We were not frivolous about it. But we did have a ball doing it,” DeVito said, laughing.

Part of that is because they filmed on location at a real state hospital in Salem, Oregon. Everyone stayed in the same motel and would board the same bus in the morning to get to set. It would have been hard not to bond and even harder if they hadn’t.

“There was full commitment,” Douglas said. “That comes when you don’t go home at night to your own lives. We stopped for lunch on the first day and I saw Jack kind of push his tray away and go outside to get some air. I said, ‘Jack, you OK?’ He said, ’Who are these guys? Nobody breaks character! It’s lunch time and they’re all acting the same way!'”

Not disproving Nicholson’s point, DeVito remembers he and the cast even asked if they could just sleep in the hospital.

“They wouldn’t let us,” DeVito said. “The floor above us had some seriously disturbed people who had committed murder.”

A lasting legacy

The film will be in theaters again on July 13 and July 16 from Fathom Entertainment. It’s a new 4K restoration from the Academy Film Archive and Teatro Della Pace Films with an introduction by Leonard Maltin.

“It’s a gorgeous print and reminds me how good the sound was,” Douglas said.

DeVito thinks it, “holds up in a really big way, because Miloš really was paying attention to all great things in the screenplay and the story originally.”

Besides the shock of “holy Toledo, am I that old?” DeVito said that it was a treasure to be part of — and he continues to see his old friends, including Douglas, Lloyd and, of course, Nicholson, who played the protagonist, R.P. McMurphy.

One person Douglas thinks hasn’t gotten the proper attention for his contributions to “Cuckoo’s Nest” is producer Saul Zaentz, who died in 2014. His music company, Fantasy Records who had Creedence Clearwater Revival, funded the endeavor which started at a $1.6 million budget and ballooned to $4 million by the end. He was a gambler, Douglas said, and it paid off.

And whatever sour grapes might have existed between Douglas and his father, who played R.P. McMurphy on Broadway and dreamt of doing so on film, were perhaps over-exaggerated. It was ultimately important for their relationship.

“McMurphy is as good a part as any actor is going to get, and I’m now far enough in my career to understand maybe you have four, maybe five good parts, really great parts. I’m sure for dad that was one of them,” Douglas said.

“To not be able to see it through was probably disappointing on one side. On the other, the fact that his son did it and the picture turned out so good? Thank God the picture turned out. It would have been a disaster if it hadn’t.”

Douglas added: “It was a fairy tale from beginning to end. I doubt anything else really came close to it. Even my Oscar for best actor years later didn’t really surpass that moment very early in my career.”