Actor Alec Baldwin will face criminal charges for his role in the death of cinematographer Halyna Hutchins on the set of the film “Rust.” The announcement was made by Santa Fe County District Attorney Mary Carmack-Altwies in a statement Thursday (January 19).
“After a thorough review of the evidence and the state of New Mexico law, I have determined there is sufficient evidence to bring a criminal charge against Alec Baldwin and other members of the ‘Rust’ film crew,” Carmack-Altwies said. “Under my watch, no one is above the law and everyone deserves justice.”
In addition to Baldwin, who is also the film’s producer, gunsmith Hannah Gutierrez-Reed has also been indicted for manslaughter.
Additionally, assistant director David Halls has signed a plea deal, pleading guilty to one charge of negligent use of a lethal weapon. Terms of his settlement include a suspended sentence and six months’ probation.
Halyna Hutchins was killed on October 21, 2021, during rehearsals for a scene from “Rust” when an antique revolver brandished by Baldwin exploded. She was given the gun by Halls, who told him it did not contain live ammunition. However, firing the pistol, Baldwin killed Hutchins and wounded director Joel Souza. (No charges have been filed regarding the director’s injury.)
Luke Nikas, Baldwin’s attorney, said in a statement that his client “trusted the professionals he worked with, who assured him the gun did not contain live ammunition.” However, five live bullets were found on the set, intermingled with blanks.
“This decision distorts the tragic death of Halyna Hutchins and represents a terrible mistrial,” he said. “Mr. Baldwin had no reason to believe there was a real bullet in the gun, or anywhere on the film set.”
Jason Bowles, Gutierrez-Reed’s attorney, also said the allegations are “the result of a very flawed investigation and an imprecise understanding of all the facts.”
Hutchins’ family attorney welcomed the decision. In a statement, Brian Panish said he supports the allegations and cooperates with the prosecution.
“We want to thank the Santa Fe Sheriff and District Attorney for completing their thorough investigation and determining that the involuntary manslaughter charges are justified in the murder of Halyna Hutchins with conscious disregard for human life,” he said. “Our independent investigation also confirms that the allegations are well founded.”
Baldwin and Gutierrez-Reed will be “charged alternately” with two counts of manslaughter. That means that if a jury finds one of them guilty, it will also determine under which definition of manslaughter he’s guilty, according to the prosecution’s announcement.
For manslaughter to be proven, there must be proof of negligence. Under New Mexico law, manslaughter is a felony in the fourth degree and is punishable by up to 18 months in prison and a $5,000 fine. This includes a charge of negligent use of a firearm.
“If any of those three people — Alec Baldwin, Hannah Gutierrez-Reed or David Halls — had done their job, Halyna Hutchins would be alive today. It’s as simple as that,” Special Counsel Andrea Reeb said. “The evidence clearly shows a pattern of criminal disregard for safety on the set of the movie ‘Rust.’ In New Mexico, there is no room for movie sets that don’t take our state’s commitment to gun safety seriously and public protection”.
The district attorney’s office will file the charges in New Mexico’s First Judicial District Court later this month. The preliminary hearing will be set within 60 days of filing the charges. The announcement notes that restrictions due to the pandemic have changed protocols and during the hearing a judge will take the role of jury. He will listen to the prosecution present his case and decide for himself “whether there are probable grounds for proceeding with a trial.”
Since the incident, Baldwin claims he has not pulled the trigger. However, an FBI forensic report determined that the gun could not have fired without the trigger being pulled.
It’s still unclear how the real bullets got to the set. “Someone is responsible … but I know it’s not me,” Baldwin told ABC News in December 2021.
In November of last year, the actor sued several crew members, including Gutierrez-Reed, Zachry, Halls and Kenney, accusing them of negligence for providing him with a loaded gun. “This tragedy occurred because live ammunition was delivered to the set and loaded into the gun,” he said in his complaint. In December, Halls responded to Baldwin and other team members, claiming it was the actor’s “active and primary negligence” that caused the fatal shooting.
Production company Rust Movie Productions has not received any charges, despite being involved in several security issues during filming. The company allegedly violated industry regulations regarding the use of weapons by cutting costs to lower the film’s budget.
In April 2022, the New Mexico Department of the Environment’s Occupational Safety and Health issued the maximum fine allowed under state law, in the amount of $136,793, for numerous violations of safety protocols on the set of “Rust”, including the use of live ammunition and failure to train personnel on how to handle firearms.
An agency report revealed that there had been two previous incidents where firearms were accidentally discharged. The first failure occurred on October 16, 2021, less than a week before the fatal shooting. At the time, Zachry fired a blank as he finished loading a .45 revolver aimed at the ground. The second case involved Baldwin’s stunt double, who said the gun “just went off.”
In challenging the fine, Rust Movie Productions argued that it is not to blame for filming on the set because it was not an employer of the production and relied on independent contractors to oversee gun safety, namely Gutierrez-Reed.
The manufacturer said the gunsmith was the sole worker “solely responsible for all duties associated with the use of firearms and ammunition,” including responsibilities related to “ensuring that the RMP’s express prohibition on the presence of ammunition were strictly adhered to, ensuring that only blank bullets were used when required by the script, and only dummy bullets were used.”
Thus, Gutierrez-Reed was the focus of the criminal investigation. The daughter of Thell Reed, a former Hollywood gunsmith, she was responsible for overseeing all guns and served as the film’s stage assistant, pulling double duty. This was only the second time she had been hired as a master gunsmith on film.
Ammunition supplier Seth Kenney, head of props Sarah Zachry and assistant director David Halls, who was the on-set safety coordinator and handled the weapon before handing it to Baldwin, are also on the investigation list. of the prosecution.
Rust Movie Production is distancing itself from all these individuals. After the tragedy, the producers say they are not responsible for overseeing the production, claiming they merely financed the film.
In addition to the criminal case, Baldwin still faces charges of assault, willful infliction of emotional distress, and negligence in another lawsuit filed by continuity writer Mamie Mitchell. Los Angeles County Superior Court Judge Michael Whitaker concluded in November 2022 that there was “extreme and outrageous conduct on the part of Baldwin,” who “unexpectedly cocked and fired a loaded pistol,” despite having knowledge of a disastrous security incident on the set of “Rust”.
The attorney for the continuationist celebrated the New Mexico court decision. “We believe this decision matters to all film workers who deserve protection when they do their jobs and demonstrates that film stars are also not above the law and must be accountable for their actions,” Gloria Allred said in a statement. Note.
Filming on “Rust” resumed in January outside of New Mexico, with Hutchins’ husband taking over as executive producer following a deal with the film’s production. However, the work was suspended again due to the new case decision.
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Source: Terra
Jason Root is a writer at Gossipify, known for his in-depth coverage of famous people in entertainment, sports, and politics. He has a passion for uncovering the stories behind the headlines and bringing readers an inside look at the lives of the famous. He has been writing for Gossipify for several years and has a degree in Journalism from UC Berkeley.
