Titanic-Bound Submersible Liability Waiver Protects OceanGate From Lawsuits ... Even if the Co. is Negligent
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The company behind the ill-fated submersible designed to explore the depths of the sea covered itself from the perils of underwater exploration with a comprehensive liability waiver, and we have a copy.
The document -- used on a trip from last summer -- repeatedly mentions the risk of serious injury or death, and tells passengers they assume the risk without any recourse against the company.
OceanGate makes it clear ... even if it's negligent in the design or operation of the vessel, the passengers have no legal recourse. The document states, "I hereby assume full responsibility for the risk of bodily injury, disability, death, and property damage due to the negligence of [OceanGate] while involved in the operation."
Here's how robustly the company covered itself, telling passengers what they're up against.
-- "A portion of the operation will be conducted inside an experimental submersible vessel. The experimental submersible vessel has not been approved or certified by any regulatory body and may be constructed of materials that have not been widely used in human occupied submersibles."
-- "When diving below the ocean surface this vessel will be subject to extreme pressure, and any failure of the vessel while I am aboard could cause severe injury or death."
-- "If I choose to assist in the servicing or operation of the submersible vessel, I will be exposed to risks associated with high-pressure gases, pure oxygen servicing, high-voltage electrical systems and other dangers that could lead to property damage, injury, disability and death."
And then comes the waiver ... "I understand the inherent risks in the activities that will be undertaken during the operation, and I hereby assume full responsibility for all risks of property damage, injury, disability, and death .... I hereby agree to defend, indemnify, save, and hold harmless OceanGate Expeditions, Ltd. ... from any loss, liability, damage, or costs they may incur to due to any claim brought in violation of this Release."
As you know, the 5 passengers onboard the Titan vessel were declared dead, after the craft apparently imploded deep below the surface of the ocean.
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Kesha and Dr. Luke We Settled Our Defamation Case ... We're Both Moving On
Kesha and Dr. Luke are no longer beefing in court ... because they just announced a settlement in their defamation battle after years of nasty back and forth.
The singer says she and the famous music producer agreed to a resolution of the lengthy legal battle ... though the terms of the settlement are unclear.
It's the end of the road for a long legal war that's been winding through the courts for nearly a decade ... remember, Kesha accused Dr. Luke of an alleged 2005 rape back in 2014 and he denied her claims and sued her for defamation.
In a statement, Kesha says ... "Only God knows what happened that night. As I have always said, I cannot recount everything that happened."
She adds ... "I am looking forward to closing the door on this chapter of my life and beginning a new one. I wish nothing but peace to all parties involved."
Dr. Luke says he appreciates Kesha acknowledging she cannot recount what happened on the night she claimed he drugged and raped her, and he still denies it ever happened.
Luke says ... "I never drugged or assaulted her and would never do that to anyone. For the sake of my family, I have vigorously fought to clear my name for nearly 10 years. It is time for me to put this difficult matter behind me and move on with my life. I wish Kesha well."
The settlement comes just a few weeks before the case was scheduled to head to trial.
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Kevin Costner Divorce Estranged Wife Wants $248k a Month in Child Support
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Kevin Costner's estranged wife wants him to fork over nearly a quarter of million dollars a month to care for their kids ... but Kevin makes it clear from his legal docs, he thinks his estranged wife's ask is highway robbery.
Christine Baumgartner filed new legal docs in which she asks a judge to force KC to shell out $248,000/month in child support for their three kids. She claims that an eye-popping amount is the only way Christine and the children can "live at a standard somewhat approaching the standard that the children will be enjoying while in Kevin's care." BTW, she says that doesn't include private school tuition, health care and sports-related expenses, which she also wants him to pay.
Sources with direct knowledge tell TMZ, Kevin is already paying 100% of the kids' expenses. In addition to the expenses, Costner has filed legal docs saying he's willing to kick in an additional $38k per month.
Christine says Kevin's enormous wealth is more than enough to cover her ask ... claiming Kevin's total income last year was $19.5 million. Their family expenses, she claims, were $6.6 million. Kevin clearly thinks the money has nothing to do with child support.
BTW, it sounds like they live large ... CC lists regular trips to places like Hawaii, Aspen and the Caribbean -- where she says they often hire caterers and chefs to entertain their guests.
The upkeep of their many properties ain't cheap either ... about $2 mil/year ... says Christine.
As we've reported ... this divorce is getting uglier by the week. Recently, Kevin filed court docs of his own in which he claimed Christine refused to move out of one of his properties ... despite clear terms in their prenup that he insists required her to move out by a certain date after she filed for divorce.
She says she can't afford to move. He claims she has $1.45 mil in her bank account so she's more than able to rent a pad.
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Armie Hammer Settles Divorce with Elizabeth Chambers
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Armie Hammer has settled his divorce with his estranged wife, just under 3 years after she first filed for divorce.
According to legal docs, obtained by TMZ, Armie and Elizabeth Chambers reached an agreement regarding their property and any child and spousal support issues between them.
The details aren't clear yet, but the agreement is typically presented to the judge, who then, routinely, signs off on it.
TMZ broke the story, Elizabeth filed the divorce petition back in 2020, with Armie filing his answer at around the same time.
In the OG docs, Elizabeth cited irreconcilable differences as the reason for the split and was seeking primary physical custody of their 2 kids -- 8-year-old Harper Grace and 6-year-old Ford. Armie was asking for joint legal and physical custody of the kids.
Of course, the initial filing came before the actor faced allegations of sexual abuse. Although, LAPD investigated one woman's claims for more than a year, the L.A. County D.A.'s Office recently declined to pursue charges against Armie ... saying it could not prove anything non-consensual had happened between the accuser and him.
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Jonathan Majors In Court For Assault Case ... Meagan Good by His Side
Jonathan Majors is heading for trial in his assault case, and his new girlfriend Meagan Good is firmly in his corner as he faces the judge for the first time.
The actor made his first court appearance Tuesday, strolling into a Manhattan courtroom while holding hands with Meagan.
They both wore sunglasses as they ducked into court, and after his hearing was over they left together.
Jonathan heard it straight from the judge ... his trial date is now set for Aug. 3, and if he doesn't show up in person, a warrant could be issued for his arrest.
As we reported, NYPD arrested Jonathan back in March for misdemeanor assault, aggravated harassment, attempted assault, and harassment after allegedly slapping his ex-girlfriend in the back of a taxi.
For his part, Jonathan has maintained his innocence ... and as we first reported, his legal team submitted security footage they claim shows his ex going to a nightclub after the alleged attack with no visible signs of injury. She claims Jonathan broke her finger, and cut her behind her ear during the taxi altercation.
The allegation has cooled off Jonathan's hot Hollywood career and he's lost endorsements, but Meagan isn't bothered.
We broke the story ... they started dating in May, and have since been traveling the world together.
As for today's court appearance, she's standing by her man.
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Andrew Tate Indicted for Human Trafficking
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Andrew Tate is officially facing charges of human trafficking, rape and more in Romania ... this coming 6 months after the kickboxer-turned-social media influencer's arrest overseas.
According to Romanian prosecutors, Tate, his brother Tristan, and 2 local women were all indicted Tuesday. The Tate brothers, in particular, are also facing charges for allegedly setting up a criminal gang.
The brothers' legal team sounded optimistic in the wake of the indictment, telling local outlet Antena 3 ... they'll "embrace the opportunity to fight in court."
As we reported, Andrew and Tristan were arrested back in December -- they tried, but failed, to appeal a couple of 30-day extensions that kept them locked up until they finally got released from a Romanian jail in March.
They both were placed under house arrest after their release ... and Andrew's been busy on social media retweeting support from followers since Tuesday's indictment.
We covered it all on the latest episode of The TMZ Podcast, available on all podcast platforms.
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Comedian Jocelyn Chia I Might Be Facing Int'l Arrest ... After Malaysia Airlines Joke
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A comedian's relatively mild joke about the missing Malaysia Airlines flight has landed her in hot water -- so much so, in fact, she's now worried about being apprehended internationally.
Jocelyn Chia, who has both Singaporean and American citizenship, is in the crosshairs of the Malaysian government right now ... this following a joke she cracked at a comedy club in NYC way back in April, referencing the doomed 2014 flight that was never found.
Her quip about it was honestly not even all that scathing or insensitive -- at least to Americans, but the Malaysian government apparently feels very differently ... to the point where it's now calling for her arrest and extradition to face potential criminal charges.
As insane as that sounds, it's true -- Malaysian officials have asked Interpol to help track down and haul in Chia so she can answer for what they call violations of online content laws they have ... which, for whatever reason, they believe can be applied to her -- even though she's not a Malaysian citizen. On its face, it would seem they don't have jurisdiction.
We got into some of that strange rationale with Chia Monday on "TMZ Live," and she told us she's genuinely concerned about law enforcement snatching her overseas and dragging her to Malaysia.
While Chia normally just worries about her material being funny, she now says she has another thing to consider while performing comedy -- especially internationally -- and that would be ... potential capture. Indeed, it's the stuff of nightmares and movies.
Sounds like she's consulting the right people to make sure she's protected -- and, as you can imagine, other Americans are rallying around her right to free speech ... offensive or not.
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Amanda Bynes Mental Health Evaluation in L.A. ... Amid Recent Troubles
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Amanda Bynes found herself in police custody again this weekend -- she was just thrown into handcuffs for another mental health evaluation ... this amid her ongoing struggles.
Law enforcement sources tell TMZ ... Bynes was intercepted by LAPD officers Saturday morning after a call came in for a woman who was in distress. That woman, as we've learned, is Bynes. We're told she was taken to a police station where a professional medical unit was standing by to check her out and determine if she needed further treatment.
As you can see, as part of this process ... Amanda was detained. Eyewitnesses tell us she was calm during the interaction with cops, and looked defeated as they dealt with her. We're told she was placed in the back of one of the 3 cruisers that arrived to her location.
It's unclear if Amanda was escorted out of her home, or if she was just found on the street here. We also don't know if she was ultimately taken to a hospital for a full-blown 5150 hold, or if she was released by LAPD. We're working on getting more info now.
This latest stumble follows a downward spiral the former Nick star has been on since being admitted into a mental hospital earlier this year -- this after she was found roaming the streets of DTLA completely naked, at which point she was placed on a psych hold.
Amanda has since been released from that mental health facility, but we've heard from people with direct knowledge that she hasn't been doing so great in the aftermath of that.
As we've reported ... AB has been living alone and doesn't have many people in her orbit. She tends to keep to herself, and we're told her attitude lately has been despondent. However, we do hear she's been good about taking her meds and seeing therapists.
Of course, her on-again-off-again fiance, Paul Michael, told us they split about a week before her breakdown in the spring ... and it doesn't appear they're back together at this point.
The larger backdrop to all of this is Amanda having been released from her multi-year conservatorship in 2022. Leading up to that, she appeared to be doing quite well for herself -- attending fashion school and seeming focused and relatively healthy amid a career change.
It's heartbreaking to see her going down an all-too-familiar road after all of her progress.
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Priscilla Presley Everything's Good With My Family ... Posts Pic With Riley & Twins
Priscilla Presley is signaling a family truce ... seemingly showing they all made nice after the end of a bitter dispute over her late daughter Lisa Marie Presley's trust.
Priscilla just posted a photo with her granddaughters ... Riley Keough and twins Harper and Finley. It's unclear when the photo was snapped, though Priscilla says it's from the twins' middle school graduation ... and it's currently grad season.
It's a pretty strong signal from Priscilla ... remember, she was recently battling with Riley over control of Lisa's trust after Elvis Presley's only child died suddenly.
As we reported, Priscilla and Riley ultimately settled their beef ... Riley is the sole trustee and Priscilla walked away with a seven-figure payday, though her request to be buried next to Elvis at Graceland was denied.
Riley filed legal docs this week asking the court to approve the settlement ... which also calls for Lisa's ex-husband Michael Lockwood to be the guardian ad litem regarding these estate matters for Harper and Finley.
The dust appears to be settling ... and the icy relationship between Priscilla and Lisa's kids seems to have thawed.
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Pete Davidson Charged With Reckless Driving For Crashing Car into House
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Pete Davidson has officially been charged with reckless driving after smashing his car into a Beverly Hills home earlier this year.
The 'SNL' alum was charged with one count of reckless driving Friday by the L.A. County District Attorney's Office, about 3 months after the crash.
TMZ broke the story, law enforcement sources told us Pete and his gf Chase Sui Wonders were involved in the crash March 4 around 11 PM. Pete was behind the wheel of a Mercedes, and allegedly driving fast through a residential street when he lost control and smacked into the home.
Pete Davidson, Chase Sui Wonders Involved in Car Accident in Beverly Hills
It's unclear how Pete lost control, but sources familiar said he hopped the curb and took out a fire hydrant before hitting the side of the house ... thankfully, no one was hurt.
At the time, cops didn't believe drugs or alcohol played a factor in the crash. Pete was not arrested, either.
We spoke to the homeowner of the property Pete hit who told us his 16-year-old daughter was "a bit" traumatized after the close call. He did mention he's got no beef with Pete, though -- and had no intention to slap a lawsuit on the comedian.
A spokesperson for the DA's office tells us, "Luckily, no one was seriously injured as a result of this collision. We know that reckless driving can have devastating consequences. In 2022, traffic fatalities in Los Angeles have reached the highest levels seen in 20 years. This is an alarming trend that we cannot ignore. As a result, it's crucial that we take all allegations of reckless driving seriously and hold those responsible accountable."
As for possible punishment -- reckless can carry a sentence of up to 90 days in jail, a $1,000 fine and a knock on your driver's license.
We reached out to Pete's rep ... so far, no word back.
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Kylie Jenner Company Sued For Nonpayment ... But Her Rep Calls BS
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6:20 PM PT -- A representative for Kylie Jenner's brand tells TMZ ... the model was paid before the NET 45 days per her invoice for both shoots. The rep also claims to have documentation.
Meanwhile, a source close to Kylie says it's possible the model's agent could have held payment from her -- which wouldn't be on Kylie.
The source also tells us the same model later asked the company for a letter of recommendation, which Kylie's brand did not do.
We're also told the model's team tried to get more work for her with Kylie's company after the 2020 photo shoots.
Kylie Jenner's company is being sued by a model who says she didn't get paid on time for a couple photo shoots ... and now she's gunning for a six-figure payday.
According to a new lawsuit, obtained by TMZ, Kylie's company is being sued by a model named Sasha Palma, who claims she was hired for a couple photo shoots for Kylie's cosmetic products.
In the docs, Sasha claims she was first hired for a one-day shoot back in June 2020 at a daily rate of $2,000. She says she was entitled to get paid by early July but says Kylie's company missed the deadline by more than 30 days.
Sasha claims Kylie's company was certainly able to pay her on time, but she says they chose not to ... and she says that means they now owe her penalties totaling $60,000.
Waiting for your permission to load the Instagram Media.
In the suit, Sasha claims the same thing happened when she was hired for another one-day photo shoot in August 2020 ... she says she didn't get her $2,000 check until more than 30 days after the deadline and is thus entitled to another $60k.
You guessed it, Sasha's going after Kylie's company for $120,000.
We reached out to Kylie's company ... so far no word back.
Originally Published -- 5:55 PM PT
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Kevin Spacey Claims He Will Make A Hollywood Comeback ... After He's Exonerated At Sex Assault Trial
Kevin Spacey is speaking out ahead of his upcoming sexual assault trial in London ... saying he's confident he'll get hired again for acting roles the moment he's cleared on the charges.
The two-time Oscar winner recently sat down for an interview with ZEITmagazin and claimed several people are ready to move forward with him on projects the moment he walks out of court a free man.
Spacey said ... "I know that there are people right now who are ready to hire me the moment I am cleared of these charges in London. The second that happens, they’re ready to move forward."
Pretty bold words from a guy who is facing 12 counts of sexual assault by four men and a criminal trial set to begin in London on June 28. Spacey was charged with offenses that allegedly occurred between 2001 and 2013 -- but he has denied any wrongdoing.
In the interview, Spacey pointed to the Anthony Rapp case as an example of why he will be found innocent at his trial. "The moment scrutiny is applied, these things fall apart," Spacey said, adding, "That's what happened in the Rapp trial, and that's what will happen in this case."
Kevin Spacey Found Not Liable In Sex Abuse Lawsuit
As you might recall, Rapp accused Spacey of molesting him when he was 14 during a party in 1986. But a New York jury sided with Spacey in the $40 million civil suit after a three-week federal trial last October.
Spacey polished off his chat with ZEIT by offering his assessment of the many sexual assault allegations he has faced since 2017, which have derailed his Hollywood career.
He said, "In 10 years, it won't mean anything. My work will live longer than I will, and that's what will be remembered."
Bill Cosby Sued Janice Dickinson, Lili Bernard Suing ... He Sexually Assaulted Us
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Bill Cosby is being sued for a slew of alleged sexual assaults back in the day ... and his accusers include Janice Dickinson and Lili Bernard.
According to a new lawsuit, obtained by TMZ, Janice and Lili are among the nine women accusing Cosby of a series of sexual assaults and batteries from 1979 to 1992 in Nevada.
The women claim some of the alleged incidents took place in Cosby's suite in the same Las Vegas hotel.
Lili, who acted in "The Cosby Show," claims Cosby arranged for her to travel from New York to Nevada in 1990 under the pretense of arranging a meeting with Hollywood producers.
When Lili got to Las Vegas, she claims Cosby told her the producers could not attend the meeting and instead invited her to his hotel suite for a mentoring session ... where she says he encouraged her to quickly drink a beverage that made her feel dizzy, disoriented and giddy.
Lili claims the effects of the drink caused her to fall in Cosby's suite and become unconscious ... and when she woke up she claims she was lying naked next to a nude Cosby, who raped her despite her telling him she didn't want to have sex and crying for help.
In the suit, Janice claims Cosby invited her to Lake Tahoe in 1982 under the pretense of discussing a potential role on his TV show. She says they went to dinner, where she complained of menstrual cramps and Cosby in turn gave her a pill he said would help her cramps.
The former model claims she felt woozy, disoriented and dizzy after ingesting the pill ... and she says Cosby took her to his suite and raped her. She says she told him to stop and tried to fight him off to no avail.
Both Lili and Janice say Cosby engaged in sexual acts with them without their consent and against their will, and they say they did not have the mental or physical capacity to consent to or resist any of the sexual acts.
The women say they've suffered emotional distress, embarrassment, mental anguish and humiliation ... and they are going after Cosby for damages.
Cosby's rep, Andrew Wyatt, gave us this statement ... "It's interesting that these 'Look Back Windows' are formulating only in those states (New Jersey, New York, Los Angeles and Nevada) where many of Mr. Cosby’s alleged accusers reside. It makes ALL Americans ask the question, 'Who’s funding these alleged accusers and who’s funding these lawmakers?' Mr. Cosby is a Citizen of these United States but these judges and lawmakers are consistently allowing these civil suits to flood their dockets—knowing that these women are not fighting for victims—but for their addiction to massive amounts of media attention and greed."
Wyatt adds ... "From this day forward, we will not continue to allow these women to parade various accounts of an alleged allegation against Mr. Cosby anymore without vetting them in the court of public opinion and inside of the courtroom."
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Daniel Penny Man Who Killed Jordan Neely on NYC Subway Indicted By Grand Jury
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2:56 PM PT -- We've confirmed the charge Daniel Penny has been indicted on is the same one he was booked for ... 2nd-degree manslaughter.
Daniel Penny -- the man who choked Jordan Neely to death on an NYC subway -- has been indicted by a grand jury.
The ex-marine has now been formally charged as a result of his arrest last month -- when he was booked on a 2nd-degree manslaughter charge ... it's not yet clear if the indictment charges are the same ones he was booked on.
Like we said ... the exact charges in the indictment are unknown at this point. It appears they’ll remain under seal until he appears in court at a later date.
There's been a lot of discourse over Penny's arrest. Some see it as justice -- including Neely's family, who want this guy prosecuted to the full extent of the law ... saying he acted as a vigilante that day and took things way too far with his prolonged chokehold.
Others, however, are saying Penny shouldn’t face charges for acting as what they describe as essentially a good Samaritan. There are reports Neely was harassing folks down in the subway that day ... and that Penny stepped in to protect others.
Of course, there's a race element that's been floated as well. Neely was Black, and Penny is white -- and there are folks who believe his actions may have been motivated by the color of Neely's skin ... although, Penny has strongly denied that, insisting he was just trying to do the right thing.
Regardless, he’ll now he'll have to navigate the criminal justice system. It's unclear when he's due in court again. It goes without saying ... Neely's death has sparked protests, and in some cases -- things have gotten tumultuous with cops.
Originally Published -- 2:27 PM PT
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Amber Heard I'm Very Happy Living in Spain ... Speaking Fluent Spanish!!!
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Amber Heard says she's loving her new life in Spain, far from her old life back in Hollywood ... and she's certainly feeling comfortable, speaking the native tongue fluently.
Amber was in good spirits Wednesday after having lunch in Madrid, answering questions from paps after being seen for the first time since forking over her million-dollar IOU to her ex, Johnny Depp.
The questions and Amber's responses are all in Spanish, so it's clear she's got the language down.
Amber says she's very happy in Spain and she hopes she can spend more time there because she loves living in the country with her daughter, Oonagh.
Remember ... Amber moved to Spain after losing last year's defamation trial to Johnny, which saw her insurance company recently pay him $1 million.
TMZ broke the story ... Johnny's spreading the million around 5 different charities near and dear to his heart, staying true to his stance that the defamation trial was about clearing his name and not about breaking Amber's bank.
A year after some dramatic courtroom moments, Amber and Johnny are both living separate and happy lives ... he's the toast of Hollywood, and she's left the biz for a change in scenery.
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'Rust' Armorer Hungover When Live Round Went In Gun ... Prosecutors Claim
Update
9:58 AM PT -- 6/16 -- Hannah just filed an official response, obtained by TMZ ... in which her attorney claims they've spoken to multiple others on set who all agree Hannah was reliable, competent and most definitely not hungover on the job.
They also state Hannah was not intoxicated the night before the fatal accident, and to claim she was "likely" hungover the day of the shooting is just recklessly false. Hannah's legal team says the allegations are clearly just an attempt to ruin Hannah's character.
9:52 AM PT -- 6/14 -- Hannah's attorney, Jason Bowles, tells TMZ, "The prosecution has so mishandled this case and the case is so weak that they are now resorting to character assassination tactics to further taint the jury pool. This investigation and prosecution has not been about seeking Justice; for them it’s been about finding a convenient scapegoat."
Prosecutors in the fatal "Rust" shooting case are now saying they've got witnesses who will testify the set's armorer, Hannah Gutierrez-Reed, was a bit of a party animal in New Mexico ... and they say she was likely hungover when the live bullet was loaded into the gun.
According to new docs, obtained by TMZ, the Santa Fe District Attorney says they've got witnesses that say Hannah "was drinking heavily and smoking marijuana in the evenings during the shooting of Rust."
They push harder -- saying despite being allegedly hungover, Hannah still put a live round "into a gun that she knew was going to be used at some point by an actor while filming a shooting scene with other actors and crew members."
As we reported, Hannah's attorney Jason Bowles sat down with us in February ... claiming his client tried her best to keep the set as safe as possible, but said she was just stretched too thin on the low-budget flick.
What's more, Jason pointed fingers at Assistant Director Dave Halls -- saying Hannah told him to let her know if Alec Baldwin would be handling the gun in question, but claims she was never given the heads up.
You'll recall, the involuntary manslaughter charges against Alec were dropped in April ... but it's clear prosecutors are still going hard against Hannah.
Originally Published -- 6/14 8:43 AM PT