Formal charges were recently brought against Trump-hating actor Alec Baldwin for the fatal shooting on the set of “Rust,” in which he accidentally fired a pistol and killed the cinematographer, Kayla Hutchins. He has been charged with two counts of involuntary manslaughter. Not only that, but he also faces a new lawsuit from the victim’s family.
So, what options does Alec Baldwin have? Fox News Digital spoke to several legal experts on the topic, experts who gave varying opinions on what Baldwin could expect. One of them was attorney Kate Mangels of the Kinsella Weitzman Iser Kump Holley law firm. She told Fox News Digital that there would be an incentive for him to take a plea deal here, saying:
“A pro of anyone taking a plea deal is that it can expedite the process and avoids having to go through a trial. If a defendant is worried about information that may come out publicly at trial and the effect of that information on them beyond the trial, taking a deal could reduce the publicity of those negative facts. Here, it appears that all of the facts have already been publicized. So, I don’t see that as being a motivation in this case. But that can be a motivation for defendants to take a plea.”
And such a plea deal could be offered according to former federal prosecutor Neama Rahmani, who told Fox News Digital that Baldwin probably wouldn’t get a slap on the wrist type deal like the assistant director got, saying “I don’t expect [the DA] to offer that type of deal [to Baldwin]. I would be very, very surprised because I think the bottom line is it would be a pretty significant defeat for her. If it were offered, I think Baldwin’s lawyers would advise him to take it. It’s literally a slap on the wrist. It’s nothing.”
Rahmani added that Baldwin probably wouldn’t take any plea deal involving jail time, saying “I just don’t see him doing it – taking a deal with any jail time – given who he is, and he cares about his reputation, his career. He’s got young kids.”
However, perhaps he should, as Rahmani also told Fox News Digital that there are always risks in a trial because a jury could do anything, saying “This is a pretty good defense case as far as defense cases goes, and jurors, they love celebrities. Celebrities tend to do well in these types of trials. But there’s always a risk. You never know what 12 strangers who can’t get out of jury duty will do. We’ve seen it before. You think cases are going to go one way, but then you get O.J. [Simpson], Casey Anthony. So, jury trials are unpredictable.”
Another expert also noted the risks inherent in trials, telling Fox News Digital that “A trial can look very different for a defendant, whether or not they decide to testify or not. If he does decide to testify, that opens him up to cross-examination by the prosecution, which could open up other areas of inquiry. The prosecution could potentially touch on areas that, while not relevant to the trial, could have a negative impact on his popularity or the way the public views him. There’s a big risk always of a defendant taking a stab at taking the stand and testifying in a criminal trial.”
That same expert, explaining Baldwin’s potential legal strategy, said “It seems like they’re potentially teeing up an argument for some sort of improper motivation for prosecution. So, they could be teeing up a motion having to do with trying to dismiss for prosecutorial misconduct prior to trial or something like that. I’m sure that there are a lot of options that they’re looking at to avoid having to make the decision of whether to plea or go to trial.”
So what are Baldwin’s options? Take a deal that will probably involve some sort of jail time or risk a highly embarrassing, highly publicized trial. Not exactly a great set of options.
When the DA announced the charges against Baldwin, her office said:
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.
By: Will Tanner. Follow me on Twitter @Will_Tanner_1