Alec Baldwin to be Charged with Involuntary Manslaughter over "Rust" Shooting

Hollywood actor Alec Baldwin will be charged with involuntary manslaughter, a felony punishable by prison, in the fatal shooting of cinematographer Halyna Hutchins while filming the movie "Rust" in New Mexico, a state prosecutor said on Thursday. 

District Attorney Mary Carmack-Altwies, the top prosecutor for Santa Fe, said Hannah Gutierrez-Reed, the armorer for the western, would also be charged with involuntary manslaughter. 

"All charges would be filed by the end of this month", he added.

Hutchins' family welcomed the announcement.

"This decision distorts Halyna Hutchins' tragic death and represents a terrible miscarriage of justice," Baldwin attorney Luke Nikas said.

The charge decision followed more than a year of investigation after pistol fired a live round in October 2021 as Baldwin was rehearsing with it on the set of the movie being filmed at the Bonanza Creek Ranch near Santa Fe.

The movie's director, Joel Souza, was hit and wounded by the same 45-caliber bullet that killed Hutchins.

The cinematographer's husband, Matt Hutchins, sued Baldwin in 2021, alleging the actor and others, disregarded standard industry safety practices.

New Mexico's worker safety agency in April fined the film's production company $137,000, the maximum amount possible, for what it described as "willful" safety lapses leading to Hutchins' death.

Hours before the incident, camera operators walked off the set protesting against poor safety and working conditions.

According to a police report, David Halls, the assistant director who handed the gun to Baldwin, told the actor it was "cold", an industry term meaning it did not contain live ammunition or blank rounds.

An FBI forensic test of the revolver found it "functioned normally" and would not fire without the trigger being pulled.

Halls has signed an agreement with prosecutors to plead guilty to the charge of the negligent use of a deadly weapon, Carmack-Altwies said in a statement. Gutierrez-Reed had handled the gun before Halls.

Prosecutors told several media outlets it was part of industry standards for actors to check that firearms were safe to handle and follow basic gun rules such as not pointing weapons at people.

Firearms guidance from the actors union SAG-AFTRA instructs performers to treat guns as though they are loaded with blanks and rely on weapons handlers to instruct them on use, including when they can safely point a firearm at someone on camera.

“An actor’s job is not to be a firearms or weapons expert," the union said, slamming Carmack-Altwies' charging decision as "uninformed."

Baldwin has pushed back at that idea, saying firearm safety was the responsibility of the armorer and the first director and that he was instructed to aim the pistol at the cinematographer.

The actor has denied responsibility for Hutchins' death and said he did not pull the trigger of the replica Pietta .45-caliber long Colt revolver.

"Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set. 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," Nikas said.

Legal experts pointed out that prosecutors could face long odds securing a conviction if on-set professionals told Baldwin the gun was not loaded, he wouldn't be obligated to inspect it himself.

"It's a very aggressive charging decision, and the defense has a strong case," said personal injury attorney and former prosecutor Neama Rahmani, who was not involved in the "Rust" case.

"Accidents like this are not enough for criminal liability."

Baldwin and Gutierrez-Reed will each be charged "in the alternative" with two counts of involuntary manslaughter.

"A jury will decide not only if they were guilty, but under which legal definition of the offense", the prosecutor said.

Simple involuntary manslaughter for negligence is punishable by up to 18 months in prison and a $5,000 fine. 

Should prosecutors prove there was more than simple negligence involved in the use of a firearm, they could each face a five-year prison term.