Actor Alec Baldwin and armorer Hannah Gutierrez-Reed will face charges of involuntary manslaughter, a felony punishable by imprisonment, in connection to the fatal shooting of cinematographer Halyna Hutchins while filming the movie "Rust" in New Mexico, according to a statement by District Attorney Mary Carmack-Altwies.
The charges will be filed by the end of this month. The incident occurred in October 2021 as Baldwin was rehearsing with a gun on set and a live round was discharged, killing Hutchins and injuring the movie's director.
The Santa Fe County Sheriff's Office investigation could not determine how live ammunition ended up on set. Baldwin has denied responsibility and claimed that firearm safety was the responsibility of the armorer and the first director.
Legal experts have noted that the defense may have a strong case, as if on-set professionals told Baldwin the gun was not loaded, he would not have been obligated to inspect it himself.
'Involuntary manslaughter' resulting from negligence carries a maximum sentence of 18 months in prison and a fine of $5,000. Should the prosecution prove that there was more than just negligence involved in the handling of the firearm, the accused could be facing a mandatory five-year prison term. Baldwin maintains his innocence, stating that he did not cause Hutchins' death and that he did not fire the replica Pietta .45-caliber long Colt revolver.
An FBI test of the revolver found that it "functioned normally" and would only fire when the trigger was pulled. Baldwin's attorney, Nikas, stated that Baldwin had no reason to believe there was a live bullet in the gun and relied on the professionals on the movie set who assured him the gun did not have live rounds. The actors union, SAG-AFTRA, instructs performers to treat all guns as if they are loaded with blanks and rely on weapons handlers for instruction on use, including when it is safe to point a firearm at someone on camera.
The union criticized the decision to charge Baldwin as "uninformed." Other actors also spoke out in support of Baldwin, stating that most actors have little experience with firearms and rely on professionals for instruction. The lawyer representing the Hutchins family, however, stated that his investigation found charges were warranted. Hutchins had previously sued Baldwin for disregarding standard industry safety practices, and reached a settlement in which he became an executive producer of "Rust".
The film's production company was also fined $137,000 by New Mexico's worker safety agency for "willful" safety lapses leading to Hutchins' death.
