Actor Alec Baldwin and armourer Hannah Gutierrez Reed will each face charges of two counts of involuntary manslaughter in the death of Halyna Hutchins, the director of photography on the set of the Western film “Rust” in 2021, according to prosecutors.
The family of Hutchins issued a statement through attorney Brian J. Panish expressing gratitude for the decision, stating that “no one is above the law” in New Mexico.
Alec Baldwin has insisted that he did not know that the gun he fired during a rehearsal contained a live round.
His attorney, Luke Nikas, has criticized the prosecutors’ decision, stating that it “distorts Halyna Hutchins’ tragic death” and is a “terrible miscarriage of justice.”
Nikas also emphasized Baldwin’s belief that the gun did not contain live rounds and that he relied on the professionals on the set.
An attorney for Hannah Gutierrez Reed, the film’s armourer, also stated that he believes a jury will find her not guilty and that she did not commit manslaughter.
Involuntary manslaughter on two counts
New Mexico First Judicial District Attorney Mary Carmack-Altwies stated that Alec Baldwin and Hannah Gutierrez Reed each face two counts of involuntary manslaughter so that a jury can decide which count is more appropriate.
If convicted, they will only be sentenced on one count, she said. A conviction on either count is punishable by up to 18 months in jail and a fine of up to $5,000.
However, if one count includes firearm enhancement, a mandatory penalty, the crime would carry a mandatory sentence of five years in jail.
New Mexico First Judicial District Attorney Mary Carmack-Altwies announced that charges against Alec Baldwin and Hannah Gutierrez Reed will be filed by the end of this month.
However, she will not be requesting their arrest at that time.
Baldwin and his legal team were taken by surprise by the announcement and were not informed of the charges before learning of them through the media, according to his attorney Luke Nikas.
However, Carmack-Altwies stated that her office has been in contact with the defence attorneys for the past six weeks, and they were aware that charges were being considered.
As a producer, Baldwin has a responsibility, the DA says
The district attorney alleged that the ” Rust ” set lacked safety standards and that live rounds were mixed in with dummy rounds without proper checking.
She further accused Baldwin of not taking necessary precautions to ensure safety, including not checking the gun before firing it and pointing it at Halyna Hutchins and pulling the trigger.
She also stated that as a producer of the film, Baldwin had additional responsibilities to ensure the set was safe and that, as an actor, he should have checked the gun and projectiles.
The findings of the investigators
Halyna Hutchins, the director of photography, was killed by a live round fired from a prop gun being held by Alec Baldwin, who claims that he did not pull the trigger.
The director, Joel Souza, was also injured in the shooting. No charges will be filed against Souza in relation to the incident.
According to the postmortem investigation into Hutchins’ death, signed by the New Mexico chief medical investigator, the cause of death is listed as “gunshot wound of chest,” and the manner of death is listed as “accident.”
According to the post-mortem investigation report, there was no evidence that the firearm was intentionally loaded with live ammunition on set.
It concluded that based on all available information, including the absence of obvious intent to cause harm or death, the manner of death is classified as an accident.
An FBI forensics report also stated that the weapon could only be fired by pulling the trigger while the gun was cocked and that it malfunctioned during testing due to internal parts fracturing, causing it to go off in the cocked position without pulling the trigger.
The incident has led to multiple accusations of negligence from those involved.
In an interview with CNN in August, Alec Baldwin placed the blame for the tragedy on Hannah Gutierrez Reed, the film’s armourer and props assistant, and the assistant director Dave Halls, who handed him the gun.
Halls has entered into a plea agreement for the charge of the negligent use of a deadly weapon, the district attorney’s office announced in its statement on Thursday.
The plea agreement includes six months of probation and a suspended sentence.
Halls’ attorney, Lisa Torraco, released a statement in defence of her client, stating that this is the best outcome for him and the case and that he can now move on and focus on the victims and preventing similar accidents from happening again in the industry.
The filing of multiple lawsuits
In November, Alec Baldwin filed a lawsuit against Hannah Gutierrez Reed, Dave Halls and others associated with the film, according to a cross-complaint obtained by CNN.
Both Gutierrez Reed and Halls denied any wrongdoing and accused Baldwin of deflecting blame onto others.
Gutierrez Reed also filed a lawsuit against the movie’s gun and ammunition supplier and its founder, alleging that a cache of dummy ammunition was sold with live rounds mixed in.
In October, the family of Halyna Hutchins reached an undisclosed settlement in a wrongful death lawsuit filed against Baldwin and others involved in producing the film.
Hutchins’ widower, Matthew Hutchins, described her death as a “terrible accident” in a statement at the time of the settlement. As part of the agreement, production on “Rust” was set to resume, with Matthew Hutchins joining as an executive producer on the film.
Alec Baldwin and Hannah Gutierrez Reed face charges of two counts of involuntary manslaughter in Halyna Hutchins’s death in the Western film “Rust” set in 2021.
Baldwin has maintained his innocence, and his attorney has criticized the decision, while the attorney of Gutierrez Reed believes that his client will be found not guilty.
The case raises important questions about safety protocols on movie sets and the responsibility of those involved in ensuring the safety of the cast and crew.
The trial outcome will determine the defendant’s guilt or innocence, and the victim’s family has reached an undisclosed settlement in a wrongful death lawsuit filed against Baldwin and others involved in the film’s production.
