Alec Baldwin's Potential Involuntary Manslaughter Sentence Explained

Alec Baldwin will be charged with two counts of involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins, according to a Thursday announcement from New Mexico First Judicial District Attorney Mary Carmack-Altwies.

The shooting occurred during the filming of Rust on October 21, 2021, at Bonanza Creek Ranch near Santa Fe. Hannah Gutierrez-Reed, the movie's armorer who was in charge of weapons on the set, will also be charged with two counts of involuntary manslaughter.

"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."

According to FindLaw, New Mexico law defines involuntary manslaughter as a killing which occurs under one of the following circumstances:

• The killing happens while committing a crime which does not amount to a felony.
• The killing occurs while the accused is acting in a reckless manner which may cause the death or another person.
• The killing took place while the accused was committing any other act which may cause the death of another person in an unlawful manner.

Involuntary manslaughter is a fourth-degree felony in New Mexico. If convicted, each count carries a maximum sentence of 18 months in jail and up to $5,000 in fines.

However, one of the charges Baldwin and Gutierrez-Reed faces is involuntary manslaughter in the commission of a lawful act. A firearm enhancement on the charge makes it more severe with a mandatory penalty of five years in prison.

Carmack-Altwies also announced that Rust Assistant Director David Halls signed a plea agreement on the charge of negligent use of a deadly weapon. Halls reportedly checked the gun that resulted in Hutchins' death before handing it to Baldwin. As a result of the plea agreement, Halls received a suspended sentence and six months of probation.

Julie Rendelman, a New York City-based defense attorney and former prosecutor, told Newsweek that she thinks Baldwin could also end up taking a plea agreement if offered one.

"I would say he will absolutely—in consultation with his attorney—consider a plea if that avoids any chance of jail time, regardless of the strengths or weaknesses of the case," Rendelman said.

Attorney Brian J. Panish released a statement on behalf of the Hutchins family following the district attorney's announcement.

"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 statement read.

"Our independent investigation also supports charges are warranted. It is comfort to the family that, in New Mexico, no one is above the law. We support the charges."

Baldwin's attorney, Luke Nikas of the law firm Quinn Emanuel, responded to Newsweek's request for comment with a statement he shared with various outlets.

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

Update 1/19/23, 1:55 p.m. ET: This story has been updated with a statement from Baldwin's attorney.