Alec Baldwin is staring down the barrel at a possible five-year prison sentence after a New Mexico prosecutor said Thursday that involuntary manslaughter charges will be brought against him and armorer Hannah Gutierrez Reed for the fatal shooting of a colleague on the set of Rust.
Santa Fe District Attorney Mary Carmack-Altwies announced the decision in a statement, saying they’ll face two charges each—involuntary manslaughter and involuntary manslaughter in the commission of a lawful act. Those charges will be filed by the end of the month.
“On my watch, no one is above the law, and everyone deserves justice,” Carmack-Altwies said, adding that “the evidence clearly shows a pattern of criminal disregard for safety” on the Western film’s set.
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If convicted of involuntary manslaughter, the two face up to 18 months in prison, Carmack-Altwies said. This lesser charge, a fourth-degree felony, requires proof of only underlying negligence. If found guilty of involuntary manslaughter in the commission of a lawful act, they face a mandatory five years in prison. That’s because a firearm was involved, meaning the charge includes a “firearm enhancement, or added mandatory penalty,” she said. To be convicted, prosecutors must prove there was more than “simple negligence.”
Halyna Hutchins.
Kevin Mohatt/ReutersDavid Halls, the film’s assistant director, who previously admitted he didn’t properly check the Colt revolver he handed to Baldwin, signed a plea agreement for negligent use of a deadly weapon, Carmack-Altwies said. He will face a suspended sentence plus six months of probation.
Cinematographer Halyna Hutchins was fatally shot, and film director Joel Souza was injured, when Baldwin pointed a pistol at Hutchins during setup for a scene at a ranch outside Santa Fe on Oct. 21, 2021.
Baldwin has maintained he had no idea the gun was loaded with live rounds, and he instead thought it was “cold”—slang in the film industry to describe a weapon that carries blanks. He also claimed it accidentally went off without him pulling the trigger. However, a forensic report by the FBI determined in August that the Colt .45 could not have fired without Baldwin pulling its trigger.
Through video interviews, crime scene photographs and phone records, investigators reportedly uncovered that Gutierrez Reed, the film’s 24-year-old armorer, was the one who loaded the gun with a live round instead of blanks. The rounds had similar markings but were different colors, authorities said.
The shooting happened during a scene filmed inside a mock church.
via ReutersCiting investigators, Variety reported that cops found other live rounds on the set, including another in Baldwin’s holster. Gutierrez Reed’s attorney blamed the ordeal on Baldwin and her boss, Seth Kenney, who allegedly supplied the live ammo to the set. Her lawyers also suggested someone on set may have wanted to “sabotage” the film over poor working conditions.
“If any one of these three people—Alec Baldwin, Hannah Gutierrez-Reed or David Halls—had done their job, Halyna Hutchins would be alive today. It’s that simple,” Andrea Reeb, a special prosecutor appointed by Carmack-Altwies, said in a statement Thursday.
After charges are filed, Carmack-Altwies said a preliminary hearing will likely occur within 60 days. It will ultimately be up to a jury to find Baldwin and Gutierrez Reed not guilty, or convict them of one charge or the other.
Neama Rahmani, a former federal prosecutor, called the move an “aggressive charging decision.” He told The Daily Beast prosecutors will have to convince jurors that Baldwin had a duty to inspect the gun himself, and argue that his finger shouldn’t have been near the trigger.
Rahmani predicted Baldwin wouldn’t strike a plea deal and would instead assemble a “top-flight legal team” to fight the charges, especially since celebs typically receive more sympathy from jurors.
Baldwin’s attorney, Luke Nikas, said the charge “distorts” what happened and “represents a terrible miscarriage of justice.”
“Mr. Baldwin had no reason to believe there was a live bullet in the gun—or anywhere on the movie set,” he said in a statement. “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.”
In a statement of her own, Gutierrez Reed’s attorney, Jason Bowles, said the charges stemmed from a “flawed investigation” into what was only a “tragic accident.”
“We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury,” Bowles said.
Hutchins’ family settled a wrongful death lawsuit against Baldwin and other producers last year. As part of that agreement, the low-budget movie is set to resume filming this month with Hutchins’ husband as an executive producer.
Her family celebrated Thursday’s announcement in a statement to The Daily Beast, saying the charges were warranted for the “conscious disregard for human life.”
“Our independent investigation also supports charges are warranted,” the statement said. “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.”
