Alec Baldwin will be charged with manslaughter in the death of cinematographer Halina Hutchins on the set of the movie Rust.
The film’s gunsmith Hannah Gutierrez-Reid, who was in charge of the weapons on set, also faces the same charge in the fatal shooting, while assistant director David Halls signed a plea deal to a charge of negligent use of a deadly weapon.
Hutchins died after a prop gun held by Baldwin went off during rehearsals for the western in October 2021. Director Joel Souza was also injured in the incident at Bonanza Creek Ranch in Santa Fe, New Mexico.
Image: Halina Hutchins’ family welcomed the decision. Photo: SWEN STUDIOS/Giveaway via REUTERS
After the criminal charges were announced, Baldwin’s attorney, Luke Nikas, said the decision “distorts the tragic death of Halina Hutchins and represents a terrible miscarriage of justice.” His statement continued: “Mr Baldwin had no reason to believe there was any ammunition in the gun – or anywhere on set. He relied on the professionals he worked with to assure him that the gun had no live ammunition. we will fight these charges and win.”
Hutchins’ family members welcomed the decision, saying they hoped the justice system would work to “hold accountable those who break the law.”
“No one is above the law and everyone deserves justice,” Santa Fe District Attorney Mary Carmack-Althuis said in a statement when she made the announcement. Special prosecutor Andrea Reeb added: “If any of these three people – Alec Baldwin, Hannah Gutierrez-Reid or David Halls – had done their job, Halina Hutchins would be alive today. It’s as simple as that.”
Prosecutors received additional funding of $317,750 (about £282,900) to investigate the high-profile case. The decision to charge comes about three months after the Santa Fe Sheriff’s Office received the final report on the shooting, following a lengthy investigation that also included the FBI.
Image: Hannah Gutierrez-Reid was the gunner on set. File photo: Shutterstock
“The evidence clearly shows a pattern of criminal disregard for safety on the set of Rust. There is no place in New Mexico for shooting sites that do not take seriously our state’s commitment to gun safety and public safety,” Ms. Reeb said in her statement.
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Baldwin and Gutierrez-Reid will be “alternatively charged” with two counts of manslaughter, meaning a jury will decide not only whether they are guilty, but under which definition of manslaughter they are guilty.
The first charge can only be called manslaughter, prosecutors said, and for that charge to be proven, there must be gross negligence. Under New Mexico law, manslaughter is a fourth-degree felony punishable by up to 18 months in prison and a $5,000 (about £4,040) fine. This charge also includes the felony charge of negligent use of a firearm.
The other charge is manslaughter in the commission of a lawful act, which requires proof of more than mere negligence. It is also a fourth-degree felony punishable by up to 18 months in prison and a fine of up to $5,000. However, prosecutors said the charge included an additional penalty – because a firearm was used – making the offense punishable by a mandatory five years in prison.
In a statement issued on behalf of Hutchins’ family, attorney Brian Jay Panish said, “We want to thank the Santa Fe Sheriff’s Office and the District Attorney for completing their thorough investigation and determining that manslaughter charges are warranted in Halina’s murder Hutchins with a willful disregard for human life.
“Our independent investigation also confirms that the allegations are well founded. It’s comforting to the family that no one is above the law in New Mexico. We support the charges, we will cooperate fully with this prosecution and we sincerely hope that the justice system works to protect the public and hold accountable those who break the law.”
Ms. Carmack-Olthuis and Ms. Reeb will formally press charges before the end of January. After the case is filed, each defendant will be issued a summons to appear in court for the first time, either in person or virtually.
The announcement of the criminal charges comes three months after Baldwin and production company Rust reached an undisclosed settlement with Hutchins’ family following a wrongful-death lawsuit filed by her husband, Matthew, and announced that production on the film would resume this year.
A number of other cases have been filed in connection with the shooting.
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