https://www.foxnews.com/entertainment/alec-baldwin-charged-involuntary-
manslaughter-fatal-rust-shooting-district-attorney
Alec Baldwin was charged with two counts of involuntary manslaughter in
the death of Halyna Hutchins.
Hannah Gutierrez-Reed, who was the armorer on the film "Rust," was also
charged with two counts of involuntary manslaughter.
Alec Baldwin's attorney called the charges a "terrible miscarriage of
justice" in a statement to Fox News Digital.
"This decision distorts Halyna Hutchins’ tragic death and represents a
terrible miscarriage of justice," Luke Nikas of Quinn Emanuel said. "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."
Hutchins' family thanked the sheriff's office and the DA after the charges
were announced.
"We want to thank the Santa Fe Sheriff and the District Attorney for
concluding their thorough investigation and determining that charges for
involuntary manslaughter are warranted for the killing of Halyna Hutchins
with conscious disregard for human life," said a statement issued on
behalf of the Hutchins family via attorney Brian J. Panish, founding
partner of Panish Shea Boyle Ravipudi LLP.
"Our independent investigation also supports charges are warranted. 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."
New Mexico First Judicial District Attorney Mary Carmack-Altwies announced
the charges Thursday morning, more than a year after Hutchins' tragic
death.
If Baldwin is convicted, he could be facing up to 18 months in prison.
"Involuntary manslaughter in New Mexico is a Class D felony punishable by
up to 18 months in prison," former Assistant U.S. Attorney Neama Rahmani
explained to Fox News Digital. "If Baldwin is convicted, I can see him
being sentenced at or near the max."
"Baldwin has a strong defense case, and I can see him pushing the case to
trial for legal and public relations reasons," he continued. "He has to
think about his acting career in addition to doing time. But if he rolls
the dice and loses at trial, the judge may hammer him for causing
Hutchins' death."
Assistant director Dave Halls signed a plea agreement for a charge of
negligent use of a deadly weapon. The terms of his agreement included a
suspended sentence and six months of probation, the district attorney
announced.
No charges were filed in the non-fatal shooting of director Joel Souza.
"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 in a statement. "On my watch, no one is above
the law, and everyone deserves justice."
The district attorney explained that Baldwin and Gutierrez-Reed were
"charged in the alternative." This means a jury will decide not only if
the two are guilty but will also decide which definition of involuntary
manslaughter their actions fall under.
"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, the special prosecutor appointed by the DA
to the case, said in a statement. "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."
Before announcing the decision, the district attorney's office spent time
reviewing a comprehensive report submitted by the Santa Fe County
Sheriff's Office.
It's been over a year since the cinematographer was killed on the New
Mexico movie set.
Halyna died when a gun Alec Baldwin was holding fired, while practicing a
scene on Oct. 21, 2021. The group had been rehearsing in a small church on
the Bonanza Creek Ranch set.
The Santa Fe County Sheriff's Department has spent the last year
investigating how live rounds made it onto the movie set. Armorer Hannah
Guiterrez-Reed and assistant director Dave Halls were the only other crew
members believed to have handled the gun that fired on set.
"Never in a million years did Hannah think that live rounds could have
been in the ‘dummy’ round box," one of Guiterrez-Reed's attorneys, Jason
Bowles, said in a statement shared with Fox News shortly after the fatal
accident. "Who put those in there and why is the central question."
Halls allegedly handed Baldwin a .45 revolver, telling him that it was
"cold," or safe. Prior to that, Gutierrez-Reed spun the cylinder to show
Halls what was in the gun, her lawyer said.
Baldwin has maintained that he did not pull the trigger of the gun – once
during a prime-time interview shortly following the deadly shooting and
again on a podcast episode. The actor originally said he had pulled the
hammer of the gun back as far as he could and released it, but did not
pull the trigger.
Carmack-Altwies named Baldwin specifically in her request for emergency
funding to prosecute the case. The DA explained that she anticipated
prosecuting up to four individuals – possibly including Baldwin.
"The ‘Rust’ prosecution could potentially be prosecutions from one (1) to
four (4) defendants," Carmack-Altwies wrote in paperwork filed for an
emergency grant. "One of the possible defendants is well-known movie actor
Alec Baldwin."
A wrongful death lawsuit was filed against Alec Baldwin and other key
members of the production on Feb. 15, 2022.
The lawsuit named Baldwin and others who "are responsible for the safety
on the set" and called out "reckless behavior and cost-cutting" that led
to the death of Hutchins, according to the family's lawyer.
Matthew Hutchins' attorneys interviewed witnesses before filing and
created a video compiling evidence for the wrongful death lawsuit. In the
video shared at a press conference, Matthew's lawyers reiterated claims
from crew members that the "Rust" set was unsafe. The lawsuit claimed that
Baldwin, who was also a producer on the film, and other "Rust" crew and
cast committed "major breaches" of safety on the set.
The cinematographer's family sued for punitive damages and funeral and
burial expenses among other things originally to be determined at trial.
However, on Oct. 5, Halyna's husband announced the civil lawsuit had been
settled pending court approval.
Following the conclusion of the civil lawsuit, Matthew revealed that
filming of "Rust" would continue in January 2023, but it would not return
to New Mexico, where Halyna's death occurred.
"The production of ‘Rust’ will not return to New Mexico," Melina Spadone,
attorney for Rust Movie Productions LLC, told Fox News Digital. "The
production is considering other locations, including in California, but no
decisions have been made."
Although it hasn't been confirmed whether Baldwin will re-join the
production, Matthew's initial announcement claimed the production would
resume with "original principal players."
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