Attorney Jeff Harris said the issue of negligence over the filming of Rust after the fatal shooting of cinematographer Halina Hutchins could be down to the level of firearm proficiency that actor Alec Baldwin received.
“It could ultimately boil down to the question of whether the actor has been properly trained in the use of firearms, and that will fall on the shoulders of the production company, and that could free Baldwin from negligence,” said Harris, who does not represent either party. involved in the incident.
Baldwin’s production company, El Dorado Pictures, was producing the upcoming film. Neither a Baldwin spokesperson nor El Dorado Pictures immediately responded to CNBC’s request for comment.
The assistant director, who handed Alec Baldwin a loaded pistol on set, admitted to investigators that he hadn’t checked the revolver thoroughly enough, according to a search warrant released Wednesday. The Santa Fe County Sheriff also confirmed on Wednesday that there was a real bullet in Baldwin’s revolver, and that investigators found more suspicious live rounds on set.
Harris was the chief attorney for Lan Jones v. CSX and secured a $ 11.2 million sentence on behalf of the family of cameraman Sarah Jones, who was killed while filming Midnight Rider.
He told CNBC The Shepard Smith News that gross negligence likely occurred on the set of Rust.
“I honestly think that if you have a film set where you have live ammunition mixed with empty cartridges and cartridges, this is an activity that rises to the level of gross negligence, and I really think that someone will end up as a result, he will be charged with at least criminal negligence in this case, ”Harris said.