In the “Rust” shooting death, Alec Baldwin will be charged with involuntary manslaughter.
Prosecutors in Santa Fe, New Mexico, announced on Thursday that actor Alec Baldwin will face involuntary manslaughter charges in the shooting death of cinematographer Halyna Hutchins on the set of the film Rust.
Hannah Gutierrez-Reed, the film’s armorer, is facing the same charges, according to First Judicial District Attorney Mary Carmack-Altwies in a written statement.
According to the announcement, Assistant Director David Halls “has signed a plea agreement for the charge of negligent use of a deadly weapon” in addition to those charges.
“Halyna Hutchins would be alive today if any of these three people—Alec Baldwin, Hannah Gutierrez-Reed, or David Halls—had done their jobs,” Andrea Reeb, the special prosecutor appointed by Carmack-Altwies, said. “It’s that easy.”
According to Reeb, a review of the evidence in the case “clearly shows a pattern of criminal disregard for safety” on the film’s set.
Baldwin’s attorney, Luke Nikas, described the decision to file charges as a “terrible miscarriage of justice” and a distortion of a tragedy.
“He relied on the professionals with whom he worked, who assured him the gun did not have live rounds,” Nikas said in an NPR statement. “We will fight these charges and prevail.”
Baldwin was holding a Colt 45-caliber pistol when it fired a live round, killing Hutchins in October 2021. They were rehearsing a scene for a Western film at the time.
Baldwin has maintained that Hutchins died in a tragic accident, claiming that he did not intentionally fire the weapon and had no idea it contained live ammunition when the film crew gathered to rehearse a scene.
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Baldwin and Gutierrez-Reed are both charged with two counts of involuntary manslaughter, which means they’re being “charged in the alternative.” Prosecutors have stated that they want a jury to decide not only whether the pair is guilty, but also which type of involuntary manslaughter should be applied to the events leading up to Hutchins’ death.
Both charges are classified as fourth-degree felonies, punishable by up to 18 months in prison and a $5,000 fine. If Baldwin and/or Gutierrez-Reed are found guilty of the more serious charge, which includes a firearm enhancement, they face a five-year prison sentence.
Prosecutors would have to show that underlying negligence played a role in the shooting death under the basic involuntary manslaughter charge. Prosecutors said that charge would “likely” be combined with a misdemeanor charge of negligent use of a firearm.
The other charge is involuntary manslaughter in the commission of a lawful act. Which would necessitate prosecutors proving that factors other than simple negligence played a role in Hutchins’ death. This version of the charge includes a firearm enhancement, which means that if the actor or armorer is found guilty, they will face a mandatory five-year prison sentence.
Gutierrez’s attorney, Reed’s Jason Bowles, told NPR that his client “is, and has always been, deeply moved by this tragic accident.” “She did not, however, commit involuntary manslaughter.”
Bowles stated, referring to the official investigation as “flawed,” that “we intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury.”
According to the prosecutors, the charges will be formally filed by the end of this month, kicking off the case in the court system.
The decision comes after months of debate and accusation
The shooting has sparked a series of conflicting versions. And opinions, including Baldwin’s claim that he did not pull the trigger on the gun, the FBI’s denial of that claim. And Baldwin’s attorney’s claim that the FBI’s findings were “misconstrued.”
Concerning how the bullet got into the gun, Gutierrez-Reed previously accused the film’s supplier of providing live rounds rather than blanks or dummy rounds.
Hutchins’ family filed a wrongful death suit against Baldwin. And others involved in the film’s production last February, alleging that “reckless behavior and cost-cutting” contributed to Hutchins’ death at the age of 42.
However, the lawsuit was dropped in October after the actor and Hutchins’ family reached an agreement. The agreement included a call for Rust production to resume this month, with Hutchins’ husband, Matthew Hutchins, added as an executive producer.
“I have no interest in recriminations or assigning blame (to the producers or Mr. Baldwin),”.Matthew Hutchins said in a statement about the settlement. “We all believe Halyna’s death was a tragic accident.” “I am grateful that the producers and the entertainment industry have banded together to honor Halyna’s final work.”
