State: Film on Waco tragedy messes with Texas' image Texas balks at Hollywood take on Waco tragedy

Saying movie twists facts, Film Commission denies it a state rebate, but filming will go on

The deadly raid and fire in 1993 at the Branch Davidian compound in Waco is being depicted on the big screen, and the producer says he wants to film it in Texas.﻿ The deadly raid and fire in 1993 at the Branch Davidian compound in Waco is being depicted on the big screen, and the producer says he wants to film it in Texas.﻿ Photo: SUSAN WEEMS, Associated Press Photo: SUSAN WEEMS, Associated Press Image 1 of / 1 Caption Close State: Film on Waco tragedy messes with Texas' image 1 / 1 Back to Gallery

Movie producer Emilio Ferrari vowed last week to move ahead with his $30 million screen depiction of the deadly 1993 clash between federal agents and Branch Davidian cultists, even though the Texas Film Commission says the project could taint Texas’ image and is unworthy of taxpayer support.

The movie, Waco, would be the first feature-film treatment of the 51-day federal siege of David Koresh’s Central Texas compound that led to the death of four federal agents and more than 80 cult members.

Ferrari, whose production credits include Baby on Board, starring Heather Graham, called the incident the “nation’s biggest tragedy, after 9/11.”

“And this was by Americans against Americans,” he said. “It’s been completely swept under the rug. I think people have a right to know what happened. I’m not a political guy at all. I’m making a story from every point of view.”

The Texas Film Commission’s director, Bob Hudgins, said the movie would not be eligible for a state rebate of up to 15 percent on in-state production costs because the movie doesn’t “accurately portray Texans.” In language creating the stipend, lawmakers specified that Film Commission grants should be denied movies that distort facts to make Texas look bad.

Hudgins said he consulted media and law enforcement sources and determined that the movie’s script compresses and simplifies the historic event. Actions that were taken by several individuals during the standoff are attributed to a single character in the movie, he said.

Dispute over facts

The extent of a movie’s factual distortion isn’t a factor in determining its eligibility for funding, Hudgins said. “Either it is (accurate), or it isn’t,” he said.

“Show me where in the script there is anything against Texas,” Ferrari said. “Those are his two points: It’s against Texans, and it’s inaccurate. Neither is correct.”

Among production staff, he said, is Mike McNulty, who co-wrote the 1997 Oscar-nominated documentary, Waco: The Rules of Engagement. “Thousands of hours of research went into this project,” Ferrari said. “Every expert on Waco worked for me.”

Hudgins’ decision, Ferrari said, “affects my credibility and the credibility of everyone involved.”

The producer said he had planned to begin filming the movie near Houston in August.

Now, he said, he is scouting for a new location, but — if the state would modify its stance — he still would like to film in the Lone Star State.

“The movie should be filmed in Texas, where it actually happened,” Ferrari said.

Other exemptions

Hudgins said Ferrari’s movie, though not eligible for the production rebate, still could receive assorted tax exemptions granted in-state movie, television, commercial or video game productions.

Hudgins said Ferrari and his associates never formally applied for the production rebate, but if they had, the application would have been rejected.

Then-Gov. Preston Smith created the Texas Film Commission in 1971, but money for in-state productions was not provided until 2007. Since then, one movie and two television series have received grants. Most Texas productions are commercials, Hudgins said.

The Branch Davidian standoff began on Feb. 28, 1993, when federal agents attempted to serve search and arrest warrants at the group’s Waco-area compound. It concluded in a disastrous fire on April 19 as authorities fired gas canisters into the compound.

Cult leader Koresh died on the final day, as did more than 20 children.

allan.turner@chron.com