Oscar-nominated actor Alec Baldwin has been charged with involuntary manslaughter following his involvement in the death of cinematographer Halyna Hutchins on the set of the movie Rust.
The charges were formally delivered on Tuesday and see Baldwin and the film’s armorer — Hannah Reed Gutierrez — facing up to 18 months in prison if convicted. The gun Baldwin fired contained a live round loaded and prepared by Gutierrez that ended up passing through the chest of the movie’s writer and director Joel Souza and fatally hitting Hutchins in the chest.
Baldwin’s attorney, Luke Nikas, has called the charges a “terrible miscarriage of justice,” saying it “distorts Halyna Hutchins’ tragic death.” Baldwin will fight the charges, according to Nikas. “We will fight these charges and we will win,” he said.
The repercussions of the Oct. 2021 incident have been looming on the horizon for quite some time. On Jan. 19 the New Mexico First Judicial District Attorney Mary Carmack-Altwies confirmed the oncoming charges, saying “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. On my watch, no one is above the law, and everyone deserves justice.”
In addition to the 18-month prison sentence, Baldwin and Gutierrez face a possible five-year enhancement for operating a firearm. The film’s first assistant director David Hall will plea to a misdemeanor charge of the negligent use of a weapon and receive a suspended sentence and six months of probation. Hall gave the green light for filming to commence after handing Baldwin the firearm and shouting “cold gun,” meaning there were no live rounds in it.
The Colt .45 Baldwin fired was meant to contain only dummy rounds. However, investigators found several other live rounds lying around the movie set, including inside the gun belt Baldwin wore and the bandolier worn by fellow co-star Jensen Ackles, according to Vanity Fair.
Baldwin has claimed that he did not pull the trigger despite investigations proving his statement otherwise. Both he and Gutierrez have blamed one another for the fatal accident. The pair must now make their “first appearance” in the New Mexico court and have the right to a preliminary hearing within 60 days, during which the government will decide whether the provided evidence is enough to take the case to trial.
Official firearm training took place prior to the filming of Rust, although Gutierrez has claimed it lasted only 30 minutes of the intended full hour. Gutierrez accused Baldwin of being distracted and talking on his cell phone during the session, according to CNN. At 24 years old, Rust was Gutierrez’s second movie as head armorer.
