“Rust” star Alec Baldwin and the movie’s armorer Hannah Gutierrez-Reed were officially charged Tuesday with two counts of involuntary manslaughter in the October 2021 death of cinematographer Halyna Hutchins.
Prosecutors in Santa Fe, New Mexico, had taken nearly a year and a half to investigate the death, and announced on Jan. 19 that the two would face charges.
Hutchins died when a prop gun inexplicably loaded with a real bullet discharged as Baldwin pointed it at the camera, where Hutchins was seated, during a rehearsal on the Western set just outside of Santa Fe.
“The District Attorney and the special prosecutor are fully focused on securing justice for Halyna Hutchins,” First Judicial District Attorney’s Office spokesperson Heather Brewer said in a statement. “The evidence and the facts speak for themselves.”
Jason Bowles, an attorney for Gutierrez-Reed, said in a statement that prosecutors “completely misunderstood the facts and reached the wrong conclusions,” noting that producers denied her request to provide more firearms training and use a fake gun for the fateful rehearsal.
“The tragedy of this is had Hannah just been called back into the church by (assistant director) David Halls, she would have performed the inspection and prevented this tragedy,” Bowles said. “We will fight these charges and expect that a jury will find Hannah not guilty.”
Attorneys for Baldwin declined comment late Tuesday on the formal charges.
What is involuntary manslaughter?
Involuntary manslaughter is a charge brought when unintentional negligence results in the death of an individual. In this case, one of the two charges determines whether there was underlying negligence, and the other requires that there was more than simple negligence in Hutchins’ death.
Both charges are a fourth-degree felony, punishable by up to 18 months in jail and a $5,000 fine. The latter charge also includes a firearm enhancement penalty, which is punishable by a mandatory five years in jail.
A probable cause statement outlining evidence against Baldwin alleges many instances of “extremely reckless acts” or reckless failures to take precautions in the days and minutes leading up to the deadly shooting, including several breaches of required safety-checks and protocols as the gun was loaded and provided to Baldwin.
The statement says photos and videos of the rehearsal, taken moments before the deadly shooting, showed Baldwin with his finger inside the trigger guard and on the trigger while “manipulating” the pistol’s hammer, and an FBI analysis shows the pistol could not have been fired without pressing the trigger. Investigators also said Baldwin failed to appear for mandatory firearms training prior to filming and that he didn’t fully complete on-set training while distracted by phone calls to his family.
Will Alec Baldwin face jail time? Explaining the actor’s involuntary manslaughter charges
Next up is a preliminary hearing, which typically is set for within 60 days of charges being filed. At the hearing, a judge will play the role of a grand jury since New Mexico is impaneling grand juries under certain circumstances due to COVID restrictions.
At the hearing, the District Attorney and the special prosecutor present their case to the judge who will rule whether there is probable cause to move forward with a trial.
“Rust” is a moderate-budget Western of which Baldwin was also one of the producers. In the wake of the shooting, there were reports that safety procedures were not as tight as they could have been.
It remains unclear if Baldwin is being charged simply because he pulled the trigger, or as someone who had oversight over set protocols.
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Assistant director Halls reaches plea agreement
On most movie sets, an armorer is in charge of ensuring that any firearms are loaded with harmless blanks. Additionally, a number of steps are usually taken when a firearm is brought to the set that includes having numerous people check that it is not loaded with a live bullet.
On “Rust,” assistant director David Halls was handed the weapon in question. He allegedly announced to Baldwin and the crew that the gun was “cold,” or safe, before it was passed along to the actor. In December 2021, Baldwin told ABC’s George Stephanopoulos in a sit-down interview that he didn’t pull the trigger, implying that the gun somehow went off by itself.
Halls meanwhile has not be charged because he signed a plea deal for the charge of negligent use of a deadly weapon, according to the DA’s office. He has a suspended sentence and six months probation.
Previously:Alec Baldwin to be charged with involuntary manslaughter in Halyna Hutchins ‘Rust’ shooting
Last fall, Hutchins’ family revealed they had settled a lawsuit brought against Baldwin and the movie’s producers. It was announced that “Rust” would resume production in 2023 with Hutchins’ widower, Matthew, as an executive producer. There are no details yet as to where “Rust” will film.
Legal experts say that between Baldwin and Gutierrez-Reed, the set armorer may be in greater legal jeopardy.
“She was the armorer, it was on her watch” that the accident happened, says Miguel Custodio, Los Angeles-based personal injury attorney and partner with Custodio & Dubey.
Conversely, Baldwin’s being handed a deadly weapon that should have been checked multiple times before it reached his hand could play in his favor. But since Gutierrez-Reed was not the last person to hold the weapon, she, too, could escape blame, some experts say.
“I would be shocked if anyone did custody time on this,” says Joshua Ritter, a criminal defense lawyer and partner at El Dabe Ritter Trial Lawyers in Los Angeles.
“Maybe probation and community service and fines and fees and safety messaging,” he says. “But to put Baldwin behind bars for what everyone still agrees is a horrific accident would be a bit much.”
More:‘Rust’ to resume production with Alec Baldwin despite impending involuntary manslaughter charges
Contributing: Morgan Lee, The Associated Press