Alec Baldwin faces 2 counts of involuntary manslaughter over ‘Rust’ shooting [Video]

WHAT YOU NEED TO KNOW:

• Alec Baldwin is facing two counts of involuntary manslaughter over the death of “Rust” cinematographer Halyna Hutchins.
• A gun Baldwin was holding during a set rehearsal discharged, fatally hitting Hutchins and injuring director Joel Souza.
• Baldwin had previously agreed to a settlement with Hutchins’ family.

Actor Alec Baldwin is facing two counts of involuntary manslaughter over the fatal shooting of cinematographer Halyna Hutchins on the set of the movie “Rust” on Oct, 21, 2021.

Baldwin was reportedly holding a .45 Colt revolver during a set rehearsal. He said that he pulled back the hammer but not far enough to actually cock the gun. When he let go of the hammer, the gun discharged, killing Hutchins and injuring director Joel Souza.

The gun was loaded with live ammunition. The actor repeatedly insisted that David Halls, the assistant director, told him that the gun was safe to use and that he did not pull the trigger.

In August, an FBI forensic report revealed that the revolver could not have been fired without someone pulling the trigger, directly striking the hammer.

The individuals involved in the shooting have been placing the blame on each other.

Baldwin, who is also a co-producer, sued Halls, armorer Hannah Gutierrez-Reed, prop supplier Seth Kenney, and prop master Sarah Zachry in November. Halls countersued Baldwin and other crew members, while a lawyer for Gutierrez-Reed publicly blamed Baldwin.

The district attorney’s spokesperson, Heather Brewer, announced the decision to file charges with New Mexico’s First Judicial District Court before the end of the month.

New Mexico First Judicial District Attorney Mary Carmack-Altwies declared that “there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the Rust film crew. On my watch, no one is above the law, and everyone deserves justice.”

Baldwin’s attorney, Luke Nikas of Quinn Emanuel, told Yahoo Entertainment that the decision “represents a terrible miscarriage of justice.” He added that Baldwin “relied on the professionals with whom he worked, who assured him the gun did not have live rounds.” He believes that they will win their case.

Halls pleaded guilty to negligent use of a deadly weapon in exchange for a suspended sentence and six months of probation.

Baldwin and Gutierrez-Reed will be “charged in the alternative” with two counts of involuntary manslaughter. This means that the jury will not only decide on whether they are guilty, but under which definition of the crime they are guilty of.

The first charge is simple involuntary manslaughter, which requires proof of underlying negligence. The fourth-degree felony is punishable by up to 18 months in jail and a $5,000 fine. It includes a misdemeanor charge of the negligent use of a firearm.

The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death. The fourth-degree felony carries the same penalties, but this charge includes a firearm enhancement, which adds a mandatory penalty of five years in jail.

The D.A.-appointed special prosecutor, Andrea Reeb, said that if any of the three accused “had done their job, Halyna Hutchins would be alive today.” Reeb added, “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.”

Authorities had found live ammunition on the set.

Hutchins’ widower, Matthew Hutchins, said he was pleased that charges will be brought. Lawyer Brian J. Panish thanked the authorities for “their thorough investigation and determining that charges for involuntary manslaughter are warranted for the killing of Halyna Hutchins with conscious disregard for human life.”

Matthew Hutchins and his son, Andros, no longer have a legal stake since he filed a wrongful-death lawsuit last year. A settlement was announced in October. According to The Hollywood Reporter, film production will resume in California this month with “all the original principal players on board,” this time having Matthew serve as executive producer.

Source: Yahoo! Entertainment