Manslaughter charge for Alec Baldwin in 'Rust' set shooting

Prosecutors have said that Baldwin's involvement as a producer and as the person who fired the gun weighed in the decision to file charges

Published - February 01, 2023 01:26 pm IST

Actor Alec Baldwin

Actor Alec Baldwin | Photo Credit: David Dee Delgado

Actor Alec Baldwin and a weapons specialist have been formally charged with involuntary manslaughter in the fatal shooting of a cinematographer on a New Mexico movie set, according to court documents filed by prosecutors Tuesday.

Santa Fe District Attorney Mary Carmack-Altwies filed the charging documents naming Baldwin and Hannah Gutierrez-Reed, who supervised weapons on the set of the Western "Rust," and outlined evidence that they deviated repeatedly from known safety standards.

Halyna Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.

Prosecutors have said that Baldwin's involvement as a producer and as the person who fired the gun weighed in the decision to file charges.

In recent weeks, Carmack-Altwies outlined two sets of involuntary manslaughter charges in connection with the shooting.

The manslaughter charge filed Tuesday against Baldwin and Gutierrez-Reed includes two alternative standards and sanctions.

One version would require proof of negligence, which is punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.

The second alternative is for reckless disregard of safety "without due caution and circumspection." It carries a higher threshold of wrongdoing and includes a "firearm enhancement" that could result in a mandatory five years in prison because the offense was committed with a gun. Prosecutors have said a jury may ultimately decide which definition of manslaughter to pursue.

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.

Investigators say that Baldwin drew a revolver from a holster, pointed it at Hutchins and fired the weapon when a plastic or replica gun should have been used by industry standards.

It says photos and videos of the rehearsal, including 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 that an FBI analysis shows the pistol could not be fired without pressing the trigger.

Investigators say 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 family. They also cite several breaches of required safety-checks and protocols as the gun was loaded and provided to Baldwin. Baldwin and Gutierrez-Reed maintain their innocence and have vowed to fight the charges.

Baldwin's attorney Luke Nikas declined comment Tuesday and referred to his previous statement on the case, in which he called the charges a "terrible miscarriage of justice" that he and his client would fight and win.

"Mr. Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set," the statement said. "He relied on the professionals with whom he worked." Gutierrez-Reed's attorney said they would release a statement later.

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