FILE - This aerial photo shows the movie set of "Rust" at Bonanza Creek Ranch in Santa Fe, N.M., on Saturday, Oct. 23, 2021. Prosecutors announced Thursday, Jan. 19, 2023 they are charging Baldwin with involuntary manslaughter in fatal shooting of cinematographer on movie set. (AP Photo/Jae C. Hong, File)
SANTA FE, N.M. (AP) – Prosecutors linked Alec Baldwin to an expansive list of alleged failures in firearms safety as they filed a felony involuntary manslaughter charge Tuesday against the actor in the fatal shooting of a cinematographer on a New Mexico movie set.
Halyna Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.
Baldwin and film-set weapons supervisor Hannah Gutierrez-Reed face charges of involuntary manslaughter in the death of Hutchins on the set of the Western movie “Rust.”
A manslaughter charge can be brought for a killing that occurs while a defendant is doing something lawful but dangerous and is acting negligently or without caution.
Baldwin and Gutierrez-Reed maintain their innocence and have vowed to fight the charges.
In newly filed court documents, prosecutors say reckless safety failures accompanied the film production from the outset. They cite Baldwin’s failure as an actor to appear for mandatory firearms training prior to filming and his decision as a producer to work with Gutierrez-Reed, who was an uncertified and inexperienced armorer.
A probable cause statement from investigators traces safety failures across a 10-day period from misfires on set and a camera crew walkout to the moments before Hutchins’ death as a revolver was loaded with ammunition and Baldwin’s finger came to rest on the pistol’s trigger.
“Baldwin’s deviation from known standards, practices and protocol directly caused the fatal death of Hutchins,” Robert Shilling, a special investigator for the Santa Fe district attorney’s office, said in the probable cause statement.
Baldwin’s attorney Luke Nikas declined to comment Tuesday and referred to a previous statement in which he called the charges a “terrible miscarriage of justice” that he and his client would fight and win.
“Mr. Baldwin had no reason to believe there was a live bullet in the gun ““ or anywhere on the movie set,” the statement said. “He relied on the professionals with whom he worked.”
Gutierrez-Reed’s attorney said they would release a statement later.
Santa Fe District Attorney Mary Carmack-Altwies told The Associated Press in a Jan. 19 interview that the set was “really being run pretty fast and loose” and Baldwin should have known there were previous misfires on the set and multiple people had brought up safety concerns. She also highlighted Baldwin as the person “that held the gun, that pointed the gun and that pulled the trigger.”
With charges filed on Tuesday, Baldwin and Gutierrez-Reed will be issued a summons to appear in court, possibly by remote webcast. Prosecutors will forgo a grand jury and rely on a judge to determine if there is sufficient evidence to move toward trial. A decision could take up to 60 days.
The manslaughter charges against Baldwin and Gutierrez-Reed include two alternative standards and sanctions.
One version would require proof of negligence, which is punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.
The second alternative is reckless disregard of safety “without due caution and circumspection.” It carries a higher threshold of wrongdoing and includes a “firearm enhancement” that could result in a mandatory five years in prison because the offense was committed with a gun.
A jury may decide which definition of manslaughter to pursue, prosecutors said.
Defense litigator Kate Mangels, whose work includes the entertainment sector, said prosecutors submitted a robust analysis of Baldwin’s safety responsibilities as actor and producer on “Rust.”
“The fact that they separated out Alec Baldwin the actor versus Alec Baldwin the producer shows to me that they’re potentially foreseeing a challenge to his culpability as to either of those roles,” said Mangles, who is based in Santa Monica, California. “So they want to differentiate … and provide a robust analysis of both of those separately.”
Investigators said reckless safety failures culminated when Baldwin drew a revolver from a holster, pointed it at Hutchins and fired the weapon when a plastic or replica gun should have been used by industry standards.
Photos and videos of the rehearsal, including moments before the deadly shooting, showed Baldwin with his finger inside the trigger guard and on the trigger while “manipulating” the pistol’s hammer, investigators said, noting that an FBI analysis shows the pistol could not be fired without pressing the trigger.
Baldwin, who has described the killing as a tragic accident, said he was told the .45-caliber revolver was safe. The 64-year-old actor has sought to clear his name by suing people involved in handling and supplying the loaded gun.
Baldwin said in his lawsuit that, while working on camera angles with Hutchins, he pointed the gun in her direction and pulled back and released the hammer of the weapon, which discharged.
Defense attorney Jason Bowles, who represents Gutierrez-Reed, said the charges are the result of a “flawed investigation” and an “inaccurate understanding of the full facts.”
The decision to charge Baldwin marks a stunning turn of events for an A-list actor whose 40-year career included the early blockbuster “The Hunt for Red October” and a starring role in the sitcom “30 Rock,” as well as iconic appearances in Martin Scorsese’s “The Departed” and a film adaptation of David Mamet’s “Glengary Glen Ross.” In recent years, Baldwin was known for his impression of former President Donald Trump on “Saturday Night Live.”
Prosecutors said a proposed plea agreement signed by assistant director David Halls, who oversaw safety on set, has not yet been approved by a judge and cannot be published.
Halls had agreed to plead guilty in the negligent use of a deadly weapon, explaining that he may have handled the gun improperly before it was given to Baldwin, prosecutors said.
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AP Entertainment writer Andrew Dalton in Los Angeles contributed to this report.
