A New Mexico grand jury indicted actor Alec Baldwin on two counts of involuntary manslaughter on Friday, once again bringing criminal charges against him for the fatal shooting of a cinematographer on the set of Rust in 2021.
It’s the second time Baldwin has faced criminal charges in the death of Halyna Hutchins, with the first indictment coming in January 2023. Those charges were dropped three months later, however, after Baldwin’s defense team raised questions about whether his Colt .45 was functioning properly when it fired.
When charges were dropped last year, prosecutors said their decision did “not absolve” Baldwin of culpability in Hutchins’ death and director Joel Souza’s injuries, leaving open the possibility that he’d be charged again.
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Prosecutors claim they’ve since determined Baldwin’s gun was operating properly, arguing that it only could have fired if its trigger had been pulled—which the actor has maintained he never did.
“This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger,” the report concluded, according to Variety.
The report noted Baldwin’s denials, but said tests of the gun revealed “the trigger had to be pulled or depressed sufficiently.”
Baldwin, 65, is now staring down a potential prison sentence if convicted.
Like Baldwin, the movie’s armorer, Hannah Gutierrez-Reed, has been indicted on an involuntary manslaughter charge. Prosecutors say she was responsible for all weapons and ammunition on the film’s set, and that she should have prevented a live round from being in Baldwin’s possession.
Gutierrez-Reed has pleaded not guilty and is slated to go to trial next month. Dave Halls, an assistant director who was in charge of safety on set, avoided prison time by pleading guilty to a misdemeanor related to the shooting.
The fatal shooting occurred on Oct. 21, 2021, while Baldwin and others were rehearsing a scene in which his character—a western outlaw named Harland Rust—was supposed to pull an old-fashioned revolver from a shoulder holster and point it at a camera before firing a single shot.
During the rehearsal, a live bullet was fired from the revolver, which fatally struck Hutchins and injured Souza. A probe revealed the revolver was loaded with five live rounds, though it’s unclear how the bullets made it onto the set.
If the case goes to trial as expected, prosecutors will have to prove that Baldwin acted with “willful disregard” for the safety of others when the gun was fired. Baldwin’s attorneys have already argued outside court that their client had no idea the gun was loaded with live rounds, which were banned on set and allegedly not loaded by him.
While Baldwin has been charged with two counts of involuntary manslaughter, he can only be convicted of one. The more serious charge, a felony, accuses him of “total disregard or indifference for the safety of others,” The New York Times reported, while the other accuses him of the negligent use of a firearm.
Baldwin has claimed the incident was a tragic accident for which he shouldn’t be blamed. On Friday, Baldwin’s brother Billy Baldwin echoed that sentiment in a post on X.
“Anybody who knows anything about film making and gun safety know that this was a horrific, heartbreaking accident,” he wrote. “This is a civil matter… not a criminal one. The facts and evidence will clear my brother’s name and then New Mexico will have to answer for their mishandling and politicizing this tragic situation.”
In a statement to The Daily Beast, an attorney representing Hutchins’ loved ones said they’re “looking forward to the criminal trial which will determine if he should be convicted for the untimely death of Halyna.”
In a statement of their own, Baldwin’s defense attorneys told Variety they “look forward to our day in court.”
