Alec Baldwin and ‘Rust’ Armorer to Face Involuntary Manslaughter Charges in Shooting Death
Alec Baldwin will be charged in connection with the fatal shooting of Halyna Hutchins, the cinematographer on 'Rust.'
variety.com
Alec Baldwin and the armorer on the set of "Rust" will be charged with involuntary manslaughter in the death of cinematographer Halyna Hutchins in October 2021.
Baldwin fired the shot that killed Hutchins while preparing to film a scene in the church building of the Bonanza Creek Ranch near Santa Fe, N.M. The armorer, Hannah Gutierrez Reed, loaded the weapon.
Mary Carmack-Altwies, the Santa Fe prosecutor, announced the charges in a statement on Thursday.
Baldwin and Gutierrez Reed will be charged with two counts of involuntary manslaughter, which each carry a maximum sentence of 18 months in prison. They also face an enhancement for use of a firearm which carries a mandatory minimum sentence of five years.
The prosecutor also announced that Dave Halls, the first assistant director, has agreed to plead guilty to a charge of "negligent use of a deadly weapon." Halls handed the loaded Colt .45 to Baldwin. Under the plea agreement, Halls will be given six months of probation but will not serve jail time.
Baldwin has said that Halls told him the weapon was "cold," meaning it contained only dummy rounds. But investigators found that the gun was loaded with one live bullet, which went through Hutchins' torso and lodged in the shoulder of director Joel Souza.
"If any one of these three people — Alec Baldwin, Hannah Gutierrez Reed or David Halls — had done their job, Halyna Hutchins would be alive today," said Andrea Reeb, the special prosecutor appointed by Carmack-Altwies to oversee the case, in a statement. "It's that simple. The evidence clearly shows a pattern of criminal disregard for safety on the 'Rust' film set. In New Mexico, there is no room for film sets that don't take our state's commitment to gun safety and public safety seriously."
Baldwin has repeatedly argued that he is not to blame for the incident. His attorneys have alleged that three crew members and a weapons supplier were at fault for a chain of missteps that led to the shooting.
Baldwin has told interviewers that he did not pull the trigger, and that the gun went off when he let go of the hammer. An FBI forensic analysis determined that the gun was functioning normally, however.
Luke Nikas, Baldwin's attorney, said in a statement on Thursday that the decision "distorts Halyna Hutchins' tragic death and represents a terrible miscarriage of justice.
"Mr. Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set," Nikas said. "He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win."
What are the charges against Baldwin?
Baldwin and Gutierrez-Reed are each being charged with two counts of involuntary manslaughter, meaning they're "charged in the alternative." Prosecutors say they want a jury to decide not only if the pair are guilty, but which type of involuntary manslaughter should apply to the events around Hutchins' death.
At the base level, both of the charges are fourth-degree felonies, punishable by up to 18 months in jail and a $5,000 fine. But if Baldwin and/or Gutierrez-Reed are found guilty of the most serious charges that carry a firearm enhancement, they stand to face five years in prison.
Under the basic involuntary manslaughter charge, prosecutors would need to show that underlying negligence played a role in the shooting death. That charge would also "likely" merge with a misdemeanor charge of negligent use of a firearm, prosecutors said.
The other charge is involuntary manslaughter in the commission of a lawful act — which would require prosecutors to establish that factors beyond simple negligence contributed to Hutchins' death. This version of the charge includes a firearm enhancement, meaning that if the actor or armorer are found guilty, they would face a mandatory prison term of five years.
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