Alec Baldwin formally charged with involuntary manslaughter over Rust shooting

The actor has now been formally charged with involuntary manslaughter over the shooting death of cinematographer Halyna Hutchins.

Alec Baldwin and Halyna Hutchins.

Alec Baldwin has officially been charged with one count of involuntary manslaughter over the fatal shooting of Rust cinematographer Halyna Hutchins.

New Mexico First Judicial District lawyer Mary Carmack-Altwies formally filed charges against the actor on Tuesday, local time, along with the film’s armourer, Hannah Gutierrez Reed, who oversaw the weapons on set.

The pair were both charged with involuntary manslaughter, which carries a maximum sentence of 18 months behind bars.

“On the day of the shooting alone, evidence shows that no less than a dozen acts, or omissions of recklessness, occurred in the short time prior to lunch and the time of the shooting, and this does not include the reckless handling of the firearm by Baldwin,” the probable cause statement filed against Baldwin alleges, in part, per documents obtained by New Mexico’s KRQE News.

“By act or omission or failure to act in his position as a producer directly contributed and/or failed to mitigate numerous reckless and dangerous actions during a very short time period.”

Baldwin has officially been charged. (Photo by ANGELA WEISS / AFP)

Cinematographer Halyna Hutchins died after being shot with a prop gun by Alec Baldwin. Picture: Instagram

It comes after assistant director David Halls, who handed the loaded gun to the actor, accepted a misdemeanour charge of negligent use of a deadly weapon in a plea deal and will spend six months on probation.

If convicted, Baldwin faces up to 18 months in jail but conceivably that sentence could be increased to five years under certain circumstances.

The charges will come as a shock to Baldwin who in December said he thought it was “highly unlikely” he would have to face court.

His lawyer said the actor would fight the charges which “distorts Halyna Hutchins’ tragic death”.

The family of Ms Hutchins said it was “a comfort that no one is above the law”.

Alec Baldwin and wife Hilaria pictured in the morning on the same day charges were made. Picture: Backgrid

‘Sufficient evidence’

Last month, New Mexico First Judicial District lawyer Mary Carmack-Altwies announced Baldwin and Ms Gutierrez-Reed would each face two counts of involuntary manslaughter.

She said it was a “fast and loose film set,” where “nobody was doing their job,” and Baldwin should have checked his firearm wasn’t loaded.

“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,” said Ms Carmack-Altwies

“On my watch, no one is above the law, and everyone deserves justice”.

The death occurred on the film set at Bonanza City close to Santa Fe in New Mexico on October 21, 2021.

A distraught Baldwin lingers in the parking lot outside the Santa Fe County Sheriff's offices after being questioned in October 2021. Picture: Jim Weber/Santa Fe New Mexican

Court documents stated the 30 Rock star was sitting in a pew in the set of a church at the Bonanza Creek ranch when the tragedy occurred.

Ms Hutchins, along with director Joel Souza, were behind the camera when Baldwin was passed the gun.

He practised a scene which involved him pointing the firearm at the camera reportedly saying: “So I guess I’m gonna take this (gun) out, pull it, and go: ‘Bang!’”.

Mr Souza said he heard a pop sound and then realised both he and Ms Hutchins were bleeding.

A single bullet struck Ms Hutchins in the chest and Mr Souza in the shoulder. Ms Hutchins died from her wound at the University of New Mexico Hospital in Albuquerque the same day.

Unintentional but negligent

An initial court hearing should occur in the next 60 days to ascertain if there is cause to go to trial.

The “unintentional manslaughter” charges acknowledge that the incident was indeed an accident.

But talking to CNN, District lawyer Mary Carmack-Altwies said: “Just because it is an accident doesn’t mean that it’s not criminal”.

“Unintentional means they didn’t mean to do it, they didn’t have the intent to kill, but it happened anyway — and it happened because of more than mere negligence, because they didn’t exercise due caution or circumspection, and that’s what happened here.

“There were three people, that if they had done their job that day, this tragedy wouldn’t have happened — and that’s David Halls and Hannah Gutierrez Reed and Alec Baldwin. If they had just done their basic duties, we wouldn’t be standing here.”

Armorer Hanna Gutierrez-Reed. Picture Instagram

Baldwin ‘didn’t check the gun’

Ms Carmack-Altweis said there was a lack of safety standards on the set where real bullets had been mixed with dummy rounds.

“Nobody was checking those, or least they weren’t checking them consistently. And then they somehow got loaded into a gun, handed off to Alec Baldwin; he didn’t check it, he didn’t do any of the things that he was supposed to do to make sure that he was safe or that anyone around him was safe. And then he pointed the gun at Halyna Hutchins and he pulled the trigger,” she said.

Actor thought he was in the clear

Alec Baldwin had said just weeks ago that he thought no charges would be laid.

“I’ve been told by people who are in the know, in terms of even inside the state, that it’s highly unlikely that I would be charged with anything criminally,” he told the US ABC TV network.

He added that he felt no guilt as he didn’t believe he was responsible.

– with Page Six