Alec Baldwin was negligent on ‘Rust’ set, prosecutors say, as manslaughter charge formally filed in fatal shooting of cinematographer Halyna Hutchins

Alec Baldwin and rust Gunmaker Hannah Gutierrez-Reed failed to follow safety procedures, New Mexico said in today’s formal filing of two counts of involuntary manslaughter for the fatal shooting of cameraman Halyna Hutchins on Oct. 21, 2021.

The newly filed sealed document also alleges that the gun that killed Hutchins was not properly inspected, ongoing safety concerns on set were not addressed, Baldwin did not receive the necessary training, and that the veteran actor had a gun directed directly at someone on the set who was judged. – something that should never happen.

As promised yesterday by District Attorney Mary Carmack-Altwies, the long-awaited official charge against the two in the tragedy that also injured director Joel Souza was filed this afternoon in the state court in Santa Fe. The presentation and information about the Rust 1 plea agreement^St Assistant Director David Hill along with the District Attorney, follows the January 19 announcement that multiple Emmy winners Baldwin and Gutierrez-Reed will be charged and face up to five years in prison in New Mexico if convicted.

Although Rust star/producer Baldwin has repeatedly insisted he did not pull the trigger when he pointed the 1880s prop gun at cinematographer Hutchins during a rehearsal for the indie western, there is evidence and analysis from the local sheriff and the FBI in a 551-page report published November 18 strongly suggests otherwise. “With the hammer at full power, the revolver could not be fired without pulling the trigger while the working internal components were intact and functional,” the police investigation said.

In addition to labor problems with the $7 million film, this investigation also cited several “negligent firings” on set before Hutchins was shot, and found five additional rounds of live ammunition on set. How that ammunition got there and into the gun that was in Baldwin’s hands remains a mystery and is destined to be the focus of the upcoming trial.

In a case that was far from easy from the start, when the gun went off on the Bonanza Creek Ranch compound outside Santa Fe more than a year ago, getting a guilty verdict is difficult and what that verdict could be. In addition to establishing responsibility for the accident itself, the prosecutor announced that she would let the jury choose between the two charges of involuntary manslaughter.

Under Land of Enchantment law, the first charge carries lesser consequences than fourth-degree felonies, with up to 18 months in prison and a $5,000 fine.

The second charge, which is negligent homicide in the commission of a lawful act, is also a fourth-degree felony punishable by up to 18 months in prison and a fine of up to $5,000 on the books. However, the second charge also contains a firearms upgrade. This makes the offense punishable by a mandatory sentence of five years imprisonment if the accused are found guilty.

Earlier this month, lawyers for Baldwin and Gutierrez-Reed, the relatively inexperienced gunsmith G-Reed, called the prosecutor’s decision to file charges a “gruesome miscarriage of justice” and the result of a deeply flawed investigation and inaccurate understanding of the whole facts. “. After prosecutors announced they would file criminal charges, SAG-AFTRA came out on Jan. 19 to call the allegations against union member Baldwin false and uninformed. The union of more than 116,000 added: “The death of Halyna Hutchins is a tragedy, all the more so because it is avoidable. It is not a dereliction of duty or a criminal act by an artist.”

Amid a flurry of lawsuits from Rust crew members and even Baldwin and Gutierrez-Reed themselves over what happened on that horrific day in 2021, today’s criminal complaint filing comes nearly a year after production was fined $137,000 by the New Mexico Bureau of Occupational Health and Safety for “willful and gross” violation of workplace safety procedures in the film.

Amazing a potential legit leglock, Baldwin and rust Producers reached a settlement with the Hutchins Estate on October 5, 2022, ending the wrongful-death lawsuit filed against the production and its star in mid-February.

As part of the deal, Matthew Hutchins, the cinematographer’s husband, would become the executive producer of the revived film. rust Movie is expected to start filming in early 2023. While the production explored California filming locations such as Simi Valley, insurance issues were sure to ruin the film and prevent a reboot.

After many congratulations over the past year, the tone of that settlement with the Hutchins family also changed when the district attorney announced her intention to file charges in the case.

“We would like to thank the sheriff and the Santa Fe District Attorney for completing their thorough investigation and determining that the charge of involuntary manslaughter is warranted for killing Halyna Hutchins with willful disregard for human life,” said Brian J Panish, Hutchins- family lawyer, said. on January 19. Our independent investigation also confirms that charges are justified. It is a comfort to the family that no one in New Mexico is above the law. We support the prosecution, will fully cooperate with this prosecution, and pray that the justice system works to protect the public and hold those who break the law accountable.”