Alec Baldwin and “Rust” armorer Hannah Gutierrez-Reed will face involuntary manslaughter charges in the “Rust” case, the district attorney in the case announced Thursday. Charges will be filed before the end of the month.
Both Baldwin and Gutierrez-Reed will be charged with two separate counts of involuntary manslaughter. The first charge, simply involuntary manslaughter, under New Mexico law is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.
The second charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, or added mandatory penalty, because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail.
New Mexico First Judicial District Attorney Mary Carmack-Altwies along with special prosecutor Andrea Reeb announced their decision in a written statement to press on Thursday morning. The DA and special prosecutor were not made available in a press conference or public appearance.
“After 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 ‘Rust’ film crew,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”
Baldwin and Gutierrez-Reed will be “charged in the alternative” with the two counts of manslaughter, meaning that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty.
Assistant director David Halls, has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.
No charges will be filed specific to the non-fatal shooting of “Rust” director Joel Souza.
IndieWire has reached out to attorneys for Baldwin, Gutierrez-Reed, and Halls for comment. Reps for Rust Movie Productions LLC did not reply to a request for comment.
“Rust” set
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The criminal charges come more than a year after a fatal accident on set of the independent Western film “Rust” on October 21, 2021, in which star and producer Baldwin held the prop gun that discharged while containing a live bullet, killing Hutchins and injuring the “Rust” director Joel Souza. Hutchins had wanted to line up a camera angle and had instructed Baldwin to remove the weapon from his holster while aiming it at the camera, at which point it fired and struck Hutchins in the torso.
The tragic accident led to months of finger pointing, accusations, civil lawsuits, and even conspiracy theories from numerous members of the production, as well as a renewed conversation on firearm safety on movie sets. But the key question that remained unanswered was how live bullets found their way to the “Rust” set.
“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,” said Andrea Reeb, the special prosecutor appointed by the DA to the case. “The evidence clearly shows a pattern of criminal disregard for safety on the ‘Rust’ film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously.”
Investigators finally last October turned over a 551-page binder of evidence and interviews with key members on set, which detailed the working conditions that led to other misfires of weapons during production and six crew members ultimately walking off set on the day of the accident after citing safety concerns. DA Carmack-Altwies back in August suggested that as many as four individuals could be charged in the case and had requested emergency funds from the state in order to stage the prosecution.
Baldwin, who believed he was holding a “cold gun,” has stated that he did not pull the trigger on the gun before it discharged, merely pulled back the gun’s hammer, and he claimed in April via a statement from his attorney that he had been “exonerated” by a report from the OHSB that resulted in a maximum fine against Rust Movie Productions, LLC for negligence toward firearm safety. However, an FBI report complicated things further when it claimed that the gun could not have been discharged without a pull of the trigger.
Armorer Gutierrez-Reed, the daughter of famed exhibition shooter, armorer, and stuntman Thell Reed, was working on just her second film production while working on “Rust” and was even sued by Baldwin for failing to check the gun or the bullets carefully before clearing it. Halls as AD had then announced that it was a “cold gun” before handing it to Baldwin. Lawyers for Gutierrez-Reed have also criticized the Sheriff’s department and even claimed “sabotage” may have been the cause for how live rounds made their way to the set.
Not included in any charges were prop master Sarah Zachry, whom Baldwin had also sued for failing in her own duties, and Seth Kenney of PDQ Arm & Prop, which supplied the ammunition and guns to the film set.
Producers on “Rust” had hoped to resume production on the film early this year, with Hutchins’ widow Matthew even attached as an executive producer, but no progress has been made on resuming filming.
Following the filing of charges, each defendant will be issued a summons with the charging information. Shortly after receiving the summons each defendant is required to make a “first appearance,” a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.
Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.
“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said. “We are committed to upholding the integrity of that process to ensure equal justice under the law.”
Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.
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