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Warrant: Baldwin didn’t know weapon contained live round

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SANTA FE, N.M. (AP) — An assistant director unwittingly handed Alec Baldwin a loaded weapon and told him it was safe to use in the moments before the actor fatally shot a cinematographer, court records released Friday show.

“Cold gun,” the assistant director announced, according to a search warrant filed in a Santa Fe court.

Instead, the gun was loaded with live rounds, and when Baldwin pulled the trigger Thursday on the set of a Western, he killed cinematographer Halyna Hutchins. Director Joel Souza, who was standing behind her, was wounded, the records said.

The Santa Fe County Sheriff’s Office obtained the warrant Friday so investigators could document the scene at the ranch outside Santa Fe where the shooting took place. They sought to examine Baldwin’s blood-stained costume for the film “Rust,” as well as the weapon that was fired, other prop guns and ammunition, and any footage that might exist.

The gun was one of three that the film’s armorer, Hannah Gutierrez, had set on a cart outside the wooden structure where a scene was being acted, according to the records. Assistant director Dave Halls grabbed the gun from the cart and brought it inside to Baldwin, unaware that it was loaded with live rounds, a detective wrote in the search warrant application.

It was unclear how many rounds were fired. Gutierrez removed a shell casing from the gun after the shooting, and she turned the weapon over to police when they arrived, the court records say.

Halls did not immediately return phone and email messages seeking comment. The Associated Press was unable to contact Gutierrez, and several messages sent to production companies affiliated with the film were not immediately returned Friday.

The film’s script supervisor, Mamie Mitchell, said she was standing next to Hutchins when she was shot.

“I ran out and called 911 and said ‘Bring everybody, send everybody,’” Mitchell told The Associated Press. “This woman is gone at the beginning of her career. She was an extraordinary, rare, very rare woman.”

Mitchell said she and other crew members were attending a private memorial service Friday night in Santa Fe.

Baldwin described the killing as a “tragic accident.”

“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,” Baldwin wrote on Twitter. “My heart is broken for her husband, their son, and all who knew and loved Halyna.”

No immediate charges were filed, and sheriff’s spokesman Juan Rios said Baldwin was permitted to travel.

“He’s a free man,” Rios said.

Images of the 63-year-old actor — known for his roles in “30 Rock” and “The Hunt for Red October” and his impression of former President Donald Trump on “Saturday Night Live” — showed him distraught outside the sheriff’s office on Thursday.

Guns used in making movies are sometimes real weapons that can fire either bullets or blanks, which are gunpowder charges that produce a flash and a bang but no deadly projectile. Even blanks can eject hot gases and paper or plastic wadding from the barrel that can be lethal at close range. That proved to be the case in the death of an actor in 1984.

In another on-set accident in 1993, the actor Brandon Lee was killed after a bullet was left in a prop gun, and similar shootings have occurred involving stage weapons that were loaded with live rounds.

Gun-safety protocol on sets in the United States has improved since then, said Steven Hall, a veteran director of photography in Britain. But he said one of the riskiest positions to be in is behind the camera because that person is in the line of fire in scenes where an actor appears to point a gun at the audience.

Sheriff’s deputies responded about 2 p.m. to the movie set at the Bonanza Creek Ranch after 911 calls described a person being shot there, Rios said. The ranch has been used in dozens of films, including the recent Tom Hanks Western “News of the World.”

Hutchins, 42, worked as director of photography on the 2020 action film “Archenemy” starring Joe Manganiello. She was a 2015 graduate of the American Film Institute and was named a “rising star” by American Cinematographer in 2019.

“I’m so sad about losing Halyna. And so infuriated that this could happen on a set,” said “Archenemy” director Adam Egypt Mortimer on Twitter. “She was a brilliant talent who was absolutely committed to art and to film.”

Manganiello called Hutchins “an incredible talent” and “a great person” on his Instagram account. He said he was lucky to have worked with her.

After the shooting, production was halted on “Rust.” The movie is about a 13-year-old boy who is left to fend for himself and his younger brother following the death of their parents in 1880s Kansas, according to the Internet Movie Database website. The teen goes on the run with his long-estranged grandfather (played by Baldwin) after the boy is sentenced to hang for the accidental killing of a local rancher.

Lee, son of martial arts star Bruce Lee, died in 1993 after being hit by a .44-caliber slug while filming a death scene for the movie “The Crow.” The gun was supposed to have fired a blank, but an autopsy turned up a bullet lodged near his spine.

In 1984, actor Jon-Erik Hexum died after shooting himself in the head with a prop gun blank while pretending to play Russian roulette with a .44 Magnum on the set of the television series “Cover Up.”

Such shootings have also happened during historical reenactments. In 2015, an actor staging a historical gunfight in Tombstone, Arizona, was shot and wounded with a live round during a show that was supposed to use blanks.

In Hill City, South Dakota, a tourist town that recreates an Old West experience, three spectators were wounded in 2011 when a re-enactor fired real bullets instead of blanks.

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Associated Press writers Jake Coyle and Jocelyn Noveck in New York; Lizzie Knight in London; Yuras Karmanau in Kyiv, Ukraine; Ryan Pearson in Los Angeles; Walter Berry in Phoenix; and Gene Johnson in Seattle contributed to this report.

Morgan Lee, Susan Montoya Bryan And Cedar Attanasio, The Associated Press

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Crime

Victims’ families boycotting N.S. mass shooting inquiry over questioning of Mounties

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TRURO, N.S. — The relatives of victims of the 2020 Nova Scotia mass shooting have told their lawyers to boycott the public inquiry investigating the tragedy, after its commissioners decided to prevent cross-examination of key Mountie witnesses.
The law firm representing 14 of 22 families issued a statement saying it was instructed not to attend the hearings on Wednesday and the next three hearings on the schedule. Patterson Law said the families are “disheartened and further traumatized” by the commission’s decision Monday to prevent the law firm’s lawyers from directly questioning Staff Sgt. Brian Rehill and Sgt. Andy O’Brien.

Rehill was the RCMP’s risk manager at its Operational Communications Centre in Truro, N.S., when the rampage that claimed 22 lives over two days began in nearby in Portapique, N.S., on April 18, 2020. When the centre received reports of an active shooter, Rehill assumed command while O’Brien assisted in overseeing the early response.

The federal-provincial commission of inquiry agreed Monday to provide special accommodations for three senior Mounties when they testify about command decisions they made as the tragedy unfolded.

Rehill and O’Brien will face questions from commission lawyers via Zoom calls that will be recorded and broadcast at a later date. Participants and lawyers who wish to observe their testimony must remain off screen with their microphones muted while each Mountie is speaking.

No reasons were given for the special arrangements. The commission has said this information is considered private because it deals with physical or psychological health needs.

Participating lawyers were told to submit questions for Rehill and O’Brien to commission lawyers in advance of the officers’ testimony, which is expected to take place on Monday and Tuesday, beginning with Rehill.

Sandra McCulloch and Rob Pineo, the lawyers for the majority of the families, left their seats at the inquiry unoccupied on Wednesday and held a news conference outside the public library in Truro. Pineo said it’s now unclear whether the family’s representatives will return to the process, adding that he will keep consulting with them.

“This was supposed to be the process that would get the families information and get their questions answered and that is simply not happening,” he said, recalling that they had to hold a public march in Truro and Halifax to pressure the federal and provincial governments to launch a public inquiry instead of the limited review that was originally planned.

Nick Beaton, whose pregnant wife, Kristen Beaton, was killed, said he’s now referring to the mass casualty commission as “a review,” adding that he believes the public inquiry has evolved into a “love triangle” between the commission, the RCMP and the government.

Lawyer Tara Miller said her clients have given her instructions not to attend this week and next week.

“In addition to being fundamentally offside, what this decision does is further erode the confidence of family members who are the most affected,” she said in an interview Wednesday.

“These are individuals who put children to bed alone at night. These are the individuals who celebrate Mother’s and Father’s Days with memories.”

Miller said it has been her clients’ position all along that participating lawyers should be allowed to engage in unfettered but appropriate cross-examination of witnesses.

“That is a fundamental tenet of any kind of a litigation proceeding, and that includes public inquiries,” Miller said.

Miller also said cross-examination of Rehill will be central to the inquiry’s purpose.

“This was the individual who had command of the entire first response,” she said. “The decisions that he made and why he made them, those are all questions that are highly relevant.”

Lawyers for the families of victims Gina Goulet, Lillian Campbell, Aaron Tuck, Jolene Oliver and Emily Tuck said in interviews that they will continue to participate next week despite the restrictions on questioning.

Meanwhile, Staff Sgt. Al Carroll — former district commander for Colchester County — is expected to testify Thursday via a live Zoom call. He will be provided with breaks during his appearance, the commission said Tuesday. He could face direct cross-examination.

The National Police Federation and the federal Department of Justice had requested that O’Brien and Rehill be allowed to provide their information by sworn affidavit and that Carroll testify in person with questions asked only by commission counsel.

Commission chairman Michael MacDonald closed the hearing on Wednesday by describing the absence of the families’ lawyers as “unfortunate.” However, he said earlier in the day he didn’t expect that the accommodations would prevent the gathering of “necessary information” from the Mounties.

Staff Sgt. Bruce Briers took the witness stand Wednesday. He was the risk manager who oversaw the RCMP dispatch in Truro during the second day of the rampage on April 19, 2020. On cross-examination, Briers broke down in tears over not having heard, after he came on shift at 7 a.m., that the killer’s replica police car had a distinctive, black push bar on the front.

He said he now realizes that two officers had mentioned the bar at different points in the morning, adding “I didn’t hear either time. I wish I had; this is one of those regrets.” The bar was also visible in a photo of the replica vehicle that was distributed among some senior officers at about 7:27 a.m.

He said he could have issued a broadcast on police radio about the push bar and it might have “made a big difference.”

“I have to live with that.”

This report by The Canadian Press was first published May 25, 2022.

— With files from Michael MacDonald in Halifax.

Michael Tutton, The Canadian Press

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Alberta

Judge decides ‘Freedom Convoy’ organizer Tamara Lich stays out on bail

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OTTAWA — Tamara Lich, a key organizer of the “Freedom Convoy” protest that gridlocked Ottawa for weeks, will remain released on bail while awaiting trial, a judge ruled Wednesday.

Ontario Superior Court Justice Kevin Phillips said he made his decision because she has followed her bail conditions, her surety has supervised her well and she’s already had a “taste of jail,” which he said lowered her risk to reoffend.

The judge said he does not accept that Lich breached her release conditions by agreeing to receive an award, and added Lich can be trusted to respect the conditions of her release.

She was released in March with a long list of conditions, including a ban from all social media and an order not to “support anything related to the Freedom Convoy.”

The terms of Lich’s release were intended to prevent a similar protest from happening in the national capital, the judge said, adding the court does not seek to control people’s political views.

“The courts are not a thought police. We seek only to control conduct to the extent that certain behaviour will violate or likely lead to violation of the law,” he said.

The protest is over and has left Ottawa, he said, adding it would be “practically impossible” to mount a similar protest in the city again.

Lich’s lawyer, Lawrence Greenspon, said in an interview Wednesday that he was pleased with the decision.

“She’ll be able to conduct her life in a lot more normal fashion as a result of the judge’s ruling,” said Greenspon.

Moiz Karimjee, a Crown prosecutor, said last week that Lich violated one of her bail conditions by agreeing to accept an award for her leadership during the Ottawa protest, and should be sent back behind bars to wait for her trial.

Greenspon argued last week her bail conditions should be loosened to allow her to come to Ontario and use social media.

He told the court that the social media ban imposed on Lich was unnecessarily broad and has had a huge impact on her life while she’s been out of custody.

However, Phillips said Wednesday the ban on Lich’s access to social media is warranted.

“Social media can be a problematic feedback loop where people get egged on and caught up in group activity they would never perform on their own,” he said.

Social media “undoubtedly contributed to and even drove” Lich’s conduct related to the protest, and her separation from it is necessary to lower her risk of reoffending, said Phillips.

Noting that Lich is in her late 40s, Phillips said she should be able to remember “how to use the social skills she surely built up before the advent of the internet.”

Lich is able to communicate by many other means, including email, phone or meeting in person, he said.

Greenspon said while he would have liked to see the social media ban reversed, “the most important thing was the rejection of the Crown’s efforts to to put her back in jail for agreeing to accept an award.”

The judge did amend her release conditions to allow her to visit Ottawa.

Lich’s motivation for coming to the city cannot be disclosed because it is under a court-ordered publication ban.

Phillips reiterated the high unlikelihood that Lich could organize an event resembling the convoy protest.

While she’s permitted to come to Ottawa, Lich is not allowed to visit the downtown core so as not “to walk around the very neighbourhoods she is alleged to have traumatized,” he said, except to attend court or meet with legal counsel.

Lich and fellow protest organizer Chris Barber are jointly accused of mischief, obstructing police, counselling others to commit mischief and intimidation.

The “Freedom Convoy” protest evolved into a weeks-long demonstration that congested the streets of Ottawa in February.

This report by The Canadian Press was first published May 25, 2022.

———

This story was produced with the financial assistance of the Meta and Canadian Press News Fellowship.

Erika Ibrahim, The Canadian Press

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