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Alec Baldwin Updates: Actor to 'Fight' Involuntary Manslaughter Charges in Rust Film Set Shooting

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Alec Baldwin Updates: Actor to 'Fight' Involuntary Manslaughter Charges in Rust Film Set Shooting

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Halyna Hutchins on Rust film set
A photo of Serge Svetnoy and Halyna Hutchins is displayed after a press conference with attorney Gary Dordick (not pictured) and Serge Svetnoy, chief lighting technician for the film Rust, about a lawsuit filed after... PATRICK T. FALLON/AFP via Getty Images

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Attorney Says Baldwin, Armorer Will Likely be Found Guilty

A former Los Angeles County prosecutor said the Santa Fe District Attorney's Office took a "bold step" charging Alec Baldwin with involuntary manslaughter.

"He has some built-in defenses with the fact that he wasn't the person responsible for making sure the gun was cleared and that there were multiple people on set whose job was to ensure everything was safe," Joshua Ritter said in a statement to Newsweek.

But at the end of the day, Ritter said the gun was in Baldwin's hands.

Los Angeles personal injury attorney Miguel Custodio said the Santa Fe DA's office "made the right call" holding Baldwin responsible for Halyna Hutchins' death.

"Baldwin pulled the trigger, he has to be accountable, plain and simple," he told Newsweek. "There is clearly no one else who pulled the trigger. And you have to charge the person who pulled the trigger."

Custodio adds that the DA's office was following normal protocol and "doing their job."

"If Baldwin decides to take this to trial, I don't see any result other than a jury finding Baldwin guilty," he said.

He added that Rust armorer Hannah Gutierrez-Reed, who was also charged with involuntary manslaughter, will likely get convicted if the case goes a jury.

"The protocol was not followed by Gutierrez-Reed," he said. "She should have been present and needed to be holding everyone else accountable for their actions and failed to do so."

Both attorneys agree that that is "not much sympathy" for Baldwin in this case.

"He was the producer, it was his project, and he, along with other producers chose to make this a low-budget film," Custodio said. "Baldwin had some degree of control regarding how much would be spent on safety measures, meaning he had some say in choosing the level of experience of the armorer. Plus, he was the one who pulled the trigger."

Ritter said he was surprised Baldwin spoke so publicly about the incident.

"I find it astounding how much Baldwin has talked about this case since the shooting," he said. "His attorneys need to sit on his chest until this plays out because the more he opens his mouth the worse he's making it for himself."

Armorer's Attorney Calls Charges 'Wrong'

The attorney representing Rust armorer Hannah Gutierrez Reed called the charges announced against her in the fatal on-set shooting of cinematographer Halyna Hutchins "absolutely wrong."

The involuntary manslaughter charges announced Thursday against Gutierrez Reed and actor Alec Baldwin are expected to be formally filed before the end of January. Attorney Jason Bowles told CNN he and Gutierrez Reed anticipated the charges but said they are wrong for his client.

Bowles said he and Gutierrez Reed "expect that she will be found not guilty by a jury and she did not commit manslaughter," according to a statement obtained by CNN. "She has been emotional about the tragedy but has committed no crime."

Another statement from Bowles and attorney Todd Bullion obtained by Law & Crime said Gutierrez Reed "did not commit involuntary manslaughter."

"These charges are the result of a very flawed investigation, and an inaccurate understanding of the full facts," the statement said. "We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury."

Baldwin to 'Fight' Charges, Attorney Says

Alec Baldwin's attorney called the charges filed against his client "a terrible miscarriage of justice."

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

He said Baldwin had no reason to believe there was a live bullet in the gun that went off on set, killing Hutchins.

"[Baldwin] relied on the professionals with whom he worked, who assured him the gun did not have live rounds," Nikias said. "We will fight these charges, and we will win."

Baldwin declines to comments on the involuntary manslaughter charges after they were announced Thursday morning, according to a text message his manager sent to NBC.

When Will Alec Baldwin Appear in Court?

Alec Baldwin is expected to receive a summons to appear before a judge soon now that New Mexico First Judicial District Attorney Mary Carmack-Altwies has announced charges will be filed in connection with the fatal shooting on Baldwin's Rust film set in October 2021.

Carmack-Altwies said Thursday her office is charging Baldwin and Hannah Gutierrez-Reed, the film's armorer, with involuntary manslaughter. The charges will be officially filed by the end of January.

Once charges have been formally filed, Baldwin and Gutierrez-Reed will each receive a summons detailing the charges and will be assigned a time to appear before a judge. That initial court appearance could happen virtually, Carmack-Altwies said, and each defendant could also choose to waive their first court appearance altogether.

After the first appearance before a judge, Baldwin and Gutierrez-Reed will each be called for a preliminary hearing, at which time a judge will decide whether the charges will move forward to a trial.

The exact timing of the next steps for Baldwin and Gutierrez-Reed was not immediately clear because the dates of first appearances and preliminary hearings are scheduled by the court, Carmack-Altwies said. However, preliminary hearings are typically scheduled within 60 days after charges are formally filed, her office said.

Hutchins' Family Says Charges Match Their Own Conclusions

The family of Halyna Hutchins thanked the Santa Fe District Attorney after two people were charged with involuntary manslaughter for the cinematographer's death more than one year ago.

"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," the family said in a statement through their attorney, Brian J. Panish, of Panish, Shea, Boyle and Ravipudi LLP.

The family said the charges filed match the conclusion from their own independent investigation into the incident.

"It is a comfort to the family that, in New Mexico, no one is above the law," the statement continued.

The family said it supports the charges and will fully cooperate with the prosecution.

"We... fervently hope the justice system works to protect the public and hold accountable those who break the law," the statement said.

Halyna Hutchins
Halyna Hutchins attends the SAGindie Sundance Filmmakers Reception at Cafe Terigo on January 28, 2019 in Park City, Utah. Fred Hayes/Getty Images for SAGindie

Firearm Enhancement Added to Manslaughter Charges

The Santa Fe District Attorney's Office announced new charges in the on-set killing of Rust cinematographer Halyna Hutchins in Oct. 2021.

Actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed both face two counts of involuntary manslaughter, New Mexico First Judicial District Attorney Mary Carmack-Altwies said in a statement Thursday.

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According to Carmack-Altwies, Baldwin and Gutierrez-Reed will be "charged in the alternative," meaning that a jury would not only decide if they were guilty, but under which definition of involuntary manslaughter they were guilty.

The first charge of involuntary manslaughter requires proof of simple negligence in the death. This fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine.

This charge also includes the added mandatory penalty of a firearm enhancement because a firearm was involved. This enhancement makes the crime punishable by a mandatory five years in jail.

"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," special prosecutor Andrea Reeb said. "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."

Assistant director David Halls was also charges in this incident. According to Carmack-Altwies, Hall entered a plea deal for one charge of negligent use of a deadly weapon and received a suspended sentence and six months of probation.

Alec Baldwin Charged with Involuntary Manslaughter

Alec Baldwin has been charged with two counts of involuntary manslaughter in the on-set killing of Rust cinematographer Halyna Hutchins in Oct. 2021, New Mexico First Judicial District Attorney Mary Carmack-Altwies said in a statement.

The film's armorer Hannah Gutierrez-Reed was also charged with two counts of involuntary manslaughter.

Assistant film director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon, according to the DA's office.

No charges will be filed specific to the non-fatal shooting of Rust 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. "On my watch, no one is above the law, and everyone deserves justice."

Rust to Resume Filming in January

Rust is set to resume filming this month, more than one year since the deadly shooting on set that killed cinematographer Halyna Hutchins.

A new filming location has not been announced, but several have been under consideration including California, Rust Movie Productions LLC attorney Melina Spadone told Variety.

Bonanza Creek Ranch
A sign points to the direction of the Bonanza Creek Ranch where a fatal shooting occurred on a movie set on October 22, 2021 in Santa Fe, New Mexico. Sam Wasson/Getty Images

There has reportedly been mixed reaction from the crew on resuming production, some with reservations and others happy to see Hutchins' work completed.

Ed Pinkard, an animal wrangler who handled horses on set, is among the latter group, telling Variety "Halyna would want that."

"It might bring a sense of closure," he told the outlet.

Hutchins' husband will return to set as a producer. Halyna Hutchins was shot while preparing a scene with actor Alec Baldwin in a church.

Rust film set in New Mexico
A US flag flies at the entrance to the Bonanza Creek Ranch film set, where a crew member was fatally shot during production of the western film "Rust", is seen on October 28, 2021 in... PATRICK T. FALLON/AFP via Getty Images

Santa Fe DA to Announce Possible Charges Soon

New Mexico prosecutors are expected to announce whether to press charges in the 2021 shooting on the Rust film set that killed cinematographer Halyna Hutchins.

Santa Fe District Attorney Mary Carmack-Altwies and special prosecutor Andrea Reeb will release a statement on their decision Thursday, Jan, 19 at 9 am MT/11 am ET.

"Regardless of the District Attorney's decision, the announcement will be a solemn occasion, made in a manner keeping with the office's commitment to upholding the integrity of the judicial process and respecting the victim's family," said Heather Brewer, spokesperson for the DA's office, said in a statement.

There will not be a news conference or public appearance from the DA's office following the announcement.

While setting up for a scene on Oct. 21, 2021, actor Alec Baldwin handled a prop gun that went off, killing Hutchins and wounding director Joel Souza.

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About the writer

Lauren Giella is a Senior Reporter based in New York. She reports on Newsweek's rankings content, focusing on workplace culture, health care and sustainability, profiling business leaders and reporting on industry trends. Lauren joined Newsweek in 2021 and previously covered live and breaking news, national news and politics and high school debate on the Mightier Hub. She is a graduate of the University of Southern California. You can get in touch with Lauren by emailing l.giella@newsweek.com

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Meghan Roos is a Newsweek reporter based in Southern California. Her focus is reporting on breaking news for Newsweek's Live Blogs team. Meghan joined Newsweek in 2020 from KSWB-TV and previously worked at Women's Running magazine. She is a graduate of UC San Diego and earned a master's degree at New York University. You can get in touch with Meghan by emailing m.roos@newsweek.com. Languages: English


Lauren Giella is a Senior Reporter based in New York. She reports on Newsweek's rankings content, focusing on workplace culture, ... Read more