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The charges were announced by Santa Fe County District Attorney Mary Carmack-Altwies on Thursday, Jan. 19.
In her announcement, Carmack-Altwies said that Baldwin and Rust armorer Hannah Gutierrez-Reed would both be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s set on Oct. 21, 2021.
On the day of the incident, Hutchins was shot by a prop revolver that went off after Baldwin shot it thinking that it did not contain live ammunition. Hutchins was killed, and director Joel Souza was injured by the shot.
Both Baldwin and Gutierrez-Reed will be "charged in the alternative," which means that a jury will not decide if they are guilty, but will instead decide what definition of involuntary manslaughter they are guilty of.
The duo will either be found guilty of
- The standard definition of involuntary manslaughter, which requires proof of underlying negligence and can carry a sentence of up to 18 months in jail and a $5,000 fine;
- Involuntary manslaughter in the commission of a lawful act, which requires proof of more than simple negligence involved in a death and can also carry a sentence of up to 18 months in jail and a $5,000 fine. This charge also includes a "firearm enhancement," which can carry a mandatory five-year jail sentence as well.
Additionally, assistant director David Halls signed a plea agreement related to the charge of the negligent use of a deadly weapon, which includes a suspended sentence and six months of probation.
No charges were filed in connection to the non-fatal shooting of Souza.
Special prosecutor Andrea Reeb explained the reasoning behind the criminal charges.
"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," she 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," Reeb added.
The criminal charges will be formally filed with New Mexico’s First Judicial District Court before the end of January. After this, Baldwin, Gutierrez-Reed, and Halls will receive a summons with the charges and will be required to make a "first appearance" in court, also known as an arraignment. This arraignment can be done virtually or can be waived, according to Carmack-Altwies.
After this first appearance, a preliminary hearing will then be held for the defendants where the judge will act as a grand jury and will decide if there is probable cause to move forward with a trial. These hearings will likely be scheduled within 60 days of the charges being filed.
The announcement of the charges came after Rust resumed filming in January. The movie is now being filmed outside of New Mexico, according to a report by The Hollywood Reporter.
The Santa Fe DA told CNN Baldwin is being charged both in his roles as producer and actor.
A native New Yorker, Baldwin was born on Long Island in Amityville, raised in Massapequa, and now resides in the Hamptons, in Amagansett.
This is a developing story. Check back to Daily Voice for updates.
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