Actor Alec Baldwin was just criminally charged for the fatal “Rust” shooting, in which he pulled the trigger on a revolver he thought was unloaded and fired a round that hit and killed the cinematographer, Halyna Hutchins.
Though charges had been announced earlier in the month, Baldwin was only formally charged on Tuesday, January 31st. He faces two counts of involuntary manslaughter.
Also now facing formal criminal charges is the “Rust” armorer, Hannah Gutierrez-Reed. She was also charged Tuesday.
Further, prosecutors said that the assistant director, David Halls, is also in legal trouble. He was supposed to oversee safety on set, but prosecutors say he may have handled the gun improperly before he handed it to Baldwin. He has pleaded guilty in the negligent use of a deadly weapon.
The DA, Mary Carmack-Altwies, said in a statement “Today we have taken another important step in securing justice for Halyna Hutchins. In New Mexico, no one is above the law, and justice will be served.”
Explaining the case against Baldwin in documents obtained by Fox News, the prosecutors in the case said:
“Baldwin’s deviation from known standards, practice and protocol directly caused the fatal death of Hutchins,” the documents state.
“By not receiving the required training on firearms, not checking the firearm with the armorer, letting the armorer leave the firearms in the church without being present, deviating from the practice of only accepting the firearm from the armorer, not dealing with the safety complaints on set and/or making sure safety meetings were held, putting his finger on the trigger of a real firearm when a replica or rubber gun should have been used, pointing the firearms at Hutchins and Souza, and the overall handling of the firearms in a negligent manner, Baldwin acted with willful disregard for the safety of others and in a manner which endangered other people, specifically Hutchins and Souza.
“Baldwin clearly should have known the danger of his actions which led to the death of Hutchins.”
Adding to that, the prosecutors also noted that Baldwin didn’t attend the requisite safety meetings, saying “In his producer’s position, the evidence indicates Baldwin also did not act to address the lack of daily safety meetings that are required to be conducted by the 1st assistant director.”
And, adding more, they also said “Whether guided by [Hutchins’] directions or not, Baldwin knew the first rule of gun safety is never point a gun at someone you don’t intend on shooting. In addition, always assume a gun is loaded. Had Baldwin performed the required safety checks with the armorer, Reed, this tragedy would not have occurred. In addition, if Baldwin had not pointed the gun at Hutchins and Souza, this tragedy would not have occurred.”
The DA released a statement when the charges against Baldwin were first announced earlier in the month, saying:
New Mexico First Judicial District Attorney Mary Carmack-Altwies announced on Thursday that, in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law, her office before the end of the month will file criminal charges in the “Rust” film-set shooting.
“Rust” actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s Santa Fe County set in 2021.
Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.
No charges will be filed specific to the non-fatal shooting of “Rust” director Joel Souza.
“After a thorough review of the evidence and the laws of the state of New Mexico, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the ‘Rust’ film crew,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”
Baldwin and Gutierrez-Reed will be “charged in the alternative” with the two counts of manslaughter, meaning that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty.
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 $5000 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.
“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,” said Andrea Reeb, the special prosecutor appointed by the DA to the case. “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.”
Carmack-Altwies and Reeb will formally file charges with New Mexico’s First Judicial District Court before the end of the month. Following the filing of charges, each defendant will be issued a summons with the charging information. Shortly after receiving the summons each defendant is required to make a “first appearance,” a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.
Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.
“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said. “We are committed to upholding the integrity of that process to ensure equal justice under the law.”
Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.
The District Attorney received the final Santa Fe County Sheriff’s report on October 27, 2022, and moved quickly to carefully and thoughtfully review the evidence, allowing the DA to make her decision on charges less than three months after receiving the initiating report.
