Alec Baldwin has been charged with two counts of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on the set of the Western movie Rust in 2021- as announced by the Santa Fe County district attorney, Mary Carmack-Altwies. Rust prop armorer Hannah Gutierrez Reed is also being charged with two counts of involuntary manslaughter. The film’s first assistant director David Halls has also agreed to a plea deal to plead guilty to a charge of negligence in the use of a deadly weapon, accepting six months probation and a suspended sentence.
In a statement, the district attorney laid out the following charges:
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“The first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.
“The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5,000 fine. This charge includes a firearm enhancement, or added mandatory penalty because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail.”
“There is a very clear process for pursuing justice in this case,” D.A. Carmack-Altwies said in a statement. “We are committed to upholding the integrity of that process to ensure equal justice
under the law.”
“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. It’s that simple,” special prosecutor Andrea Reeb also said in a statement. “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.”
The Rust shooting made worldwide headlines after police rushed to the New Mexico set of Rust following a 911 call. The crew was rehearsing a scene in which Baldwin’s character shoots his gun, with the camera filming from a low close-up, angled up. Halyna Hutchins was holding the camera and nealing below Baldwin, who was handling what he was allegedly told was a “cold gun” (i.e., a gun with no live ammunition inside). Instead, the gun went off and a live round was fired, passing through Hutchins’ chest and also striking Rust writer-director Joel Souza in the shoulder (no charges are being filed for Souza’s injury, due to New Mexico statutes). Hutchins died from her injury thereafter.
The resulting investigation of the Rust shooting revealed that there were, in total, about half a dozen live ammunition rounds mixed in with props and costumes on set – including one worn by Supernatural and The Boys actor Jensen Ackles. Beyond that, however, investigators did not find proof of any rumored wild behavior on set, such as unsupervised target practice sessions with real bullets. In April 2022, the producers of Rust were fined the maximum fee (over $136,000) for unsafe handling of firearms on set.
A settlement between her family (husband Matt and young son) and the Rust producers was reached last fall, with Matt Hutchins even being given executive producer credit on the film:
“We have reached a settlement, subject to court approval, for our wrongful death case against the producers of Rust, including Alec Baldwin and Rust Movie Productions, LLC. As part of that settlement, our case will be dismissed,” Matt Hutchins said in a statement at the time. “The filming of Rust, which I will now executive produce, will resume with all the original principal players on board in January 2023. I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin). All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.”
Source: Vanity Fair
