Oscar-nominated actor Alec Baldwin will be charged with involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on the New Mexico set of the Western movie âRust,â prosecutors said Thursday.
Baldwin and the filmâs armorer who was in charge of weapons on the set, Hannah Gutierrez-Reed, will each face two counts of involuntary manslaughter, according to New Mexico First Judicial District Attorney Mary Carmack-Altwies.
“Rust” first assistant director, David Halls, has agreed to plead guilty to negligent use of a deadly weapon, according to the DA’s office.
âThis decision distorts Halyna Hutchinsâ tragic death and represents a terrible miscarriage of justice,” according to a statement by Baldwin’s attorney, Luke Nikas.
“Mr. Baldwin had no reason to believe there was a live bullet in the gun â or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win.â
An attorney for Gutierrez-Reed also vowed to prove his client isn’t culpable.
“Hannah is, and has always been, very emotional and sad about this tragic accident. But she did not commit involuntary manslaughter,” defense lawyer Jason Bowles said in statement.
“These charges are the result of a very flawed investigation, and an inaccurate understanding of the full facts. We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury.”
Involuntary manslaughter is a fourth-degree felony and is normally punishable by up to 18 months behind bars and a $5,000 fine, prosecutors said. But a firearm enhancement on the charges could make the crime punishable by a mandatory sentence of five years in jail, prosecutors said.
âAfter 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 âRustâ film crew,â Carmack-Altwies said in a statement, adding charges will be filed before the end of the month.
âOn my watch, no one is above the law, and everyone deserves justice.â
Hutchins was fatally shot nearly 15 months ago during the filming of âRustâ at the Bonanza Creek Ranch in New Mexico on Oct. 21, 2021. Baldwin was rehearsing with a pistol for a scene set inside a church when the gun went off, killing Hutchins and wounding the director, Joel Souza.
No charges will be filed in connection to Souza’s wounding, the prosecutors said.
âIf any one of these three people â Alec Baldwin, Hannah Gutierrez-Reed or David Halls â had done their job, Halyna Hutchins would be alive today. Itâs that simple,â special prosecutor Andrea Reeb said in a statement.
âThe evidence clearly shows a pattern of criminal disregard for safety on the âRustâ film set. In New Mexico, there is no room for film sets that donât take our stateâs commitment to gun safety and public safety seriously.â
Hutchins, 42, was survived by her husband, Matthew Hutchins, and their 9-year-old son, Aldous.
The family said it supports the prosecutors’ decision to seek criminal charges.
âWe want to thank the Santa Fe Sheriff and the District Attorney for concluding their thorough investigation and determining that charges for involuntary manslaughter are warranted for the killing of Halyna Hutchins with conscious disregard for human life,” according to a statement by attorney Brian Panish, who is representing the family.
“Our independent investigation also supports charges are warranted. It is a comfort to the family that, in New Mexico, no one is above the law. We support the charges, will fully cooperate with this prosecution, and fervently hope the justice system works to protect the public and hold accountable those who break the law.â
The announcement about charges came three months after the Sante Fe Sheriffâs Office submitted its investigative findings to prosecutors.
Santa Fe County Sheriff Adan Mendoza told ABCâs âGood Morning Americaâ in April that he believed there was a âdegree of neglectâ on the set of âRust.â But he left decisions about criminal charges to the district attorneyâs office.
In early October, Hutchinsâ husband reached a settlement in his wrongful death lawsuit against the producers of âRust,â including Baldwin. Matthew Hutchins said in a statement that filming would resume in January and he would join the project as an executive producer as part of the agreement.
âThroughout this difficult process, everyone has maintained the specific desire to do what is best for Halynaâs son,â Baldwin said in an Instagram post after the settlement was announced. âWe are grateful to everyone who contributed to the resolution of this tragic and painful situation.â
New Mexicoâs Office of the Medical Investigator determined that the shooting was an accident based on autopsy results and a review of law enforcement documents, according to The Associated Press.
In an interview with ABC Newsâ George Stephanopoulos in December 2021, Baldwin gave his first public account of the fatal shooting and claimed that he did not pull the trigger. He forcefully insisted that he was not to blame and said he did not feel guilty about the incident.
âI feel that someone is responsible for what happened, and I canât say who that is,â he said. âBut I know itâs not me.â
Baldwin added that, if he could, he âwould go to any lengths to undo what happened.â
âRust,â set in Kansas in the 1880s, stars Baldwin as a graying outlaw who goes on the run with his estranged grandson after the boy accidentally kills a local rancher, according to a plot synopsis on the Internet Movie Database.
Souza is expected to return as the director when filming picks back up this month. He previously directed the under-the-radar independent crime dramas âCrown Vicâ and âBreak Night.â
Baldwin is a prolific actor known for playing executive Jack Donaghy in the NBC sitcom â30 Rock,â impersonating former President Donald Trump on âSaturday Night Live,â and appearing in films such as âBeetlejuiceâ and âGlengarry Glen Ross.â
He was nominated for a best supporting actor Oscar for âThe Cooler,â released in 2003.