Alec Baldwin is set to be officially charged with manslaughter in the shooting death of Rust cinematographer Halyna Hutchins today.
The 64-year-old actor is being charged along with the film’s weapons supervisor Hannah Gutierrez-Reed in the October 2021 death on set during rehearsals for the western.
The 30-year-old rock star, who looked somber on Sunday as he walked around New York with his phone and papers while wife Hilaria unloaded their car, could face trial for the murder this year.
Hilaria, 39, admitted she “doesn’t feel that strong” after a prosecutor announced on January 19 that her husband would be charged.
Alec Baldwin is set to be officially charged with manslaughter today for the shooting death of Rust cinematographer Halyna Hutchins (pictured in New York on Sunday).
She said on a recent episode of her podcast, Witches Anonymous, “It’s been an emotional time for my family. And I want to tell you how grateful I am for your support and your kindness and your sanity.
“Honestly, without her, we would collapse. So thank you for being our rock right now because I’m not feeling so strong.
In recent weeks, Santa Fe District Attorney Mary Carmack-Altwies has filed two involuntary manslaughter charges in connection with the shooting of Baldwin and Weapons Commission Hannah Gutierrez-Reed.
The district attorney said Monday through a spokeswoman that her office would issue indictment documents and a probable cause statement outlining the evidence.
Hutchins’ death has already prompted new safety precautions in the film industry.
The 64-year-old actor went for a solo stroll carrying some papers and clad in a navy down jacket
Hilaria Baldwin, 39, was pictured unloading her car at the family home after a short drive
Baldwin is set to be formally charged with involuntary manslaughter today
Hilaria, 39, admitted she “doesn’t feel that strong” after a prosecutor announced on January 19 that her husband would be charged
Manslaughter by negligence can include killing that occurs while a suspect is doing something lawful but dangerous and is acting carelessly or carelessly.
Special prosecutor Andrea Reeb cited a pattern of “criminal disregard for safety” on the set of Rust.
Prosecutors also said they will release the terms of a signed agreement with assistant director David Halls, who oversaw security on set.
Participants in the unfilmed rehearsal have given conflicting accounts as to who gave the gun to Baldwin.
Halls has agreed to plead guilty to negligent use of a deadly weapon, they said.
The assistant director is even expected to testify against Baldwin if it goes to trial.
Earlier witnesses said Halls turned the gun over to Baldwin and, according to a search warrant, declared it a “cold weapon” despite the presence of live ammunition in the chamber.
Alec and Hilaria are seen leaving town last week as he prepares for a possible trial
Hutchins was the cinematographer on the film and is shown here on her Instagram page
“Cold Gun” is a term used on sets to indicate that live ammunition is not being used.
In a December testimony with the New Mexico Occupational Safety and Health Bureau, Halls denied giving the gun to Baldwin and said he gave it to Gutierrez-Reed. He also accused Gutierrez-Reed of declaring “cold weapon.”
Halls also likened Hutchins’ death to a plane crash, as it wasn’t a person’s fault, but “a system failure.”
Halls told the statement that he had no “recollection” of saying “cold gun,” adding, “I have memories of Hannah saying it.”
“It’s just like what you say about a plane crash. It’s like it’s just not a thing, you know. It’s a system bug.’
Heather Brewer, a spokeswoman for prosecutors, said in a statement Monday that prosecutors are “fully focused on ensuring justice for Halyna Hutchins” and “the evidence and facts speak for themselves.”
Baldwin, also a co-producer on Rust, has called the murder a tragic accident.
In November, Baldwin, along with other production staff, filed a lawsuit against Halls
David Halls, the first assistant director on the set of Rust, is likely to testify against Alec Baldwin
The 64-year-old actor said he was told the gun was safe and tried to clear his name by suing people involved in the handling and delivery of the loaded .45 caliber revolver.
In his lawsuit, Baldwin said that while he was working with Hutchins on camera angles, he pointed the gun in her direction and backed away, releasing the hammer of the gun, which discharged.
Defense attorney Jason Bowles, representing Gutierrez-Reed, said the charges were the result of “flawed investigation” and an “improper understanding of the full facts.”
Involuntary manslaughter is a fourth-degree felony punishable by up to 18 months in prison and a $5,000 fine under New Mexico law.
The second set of manslaughter charges alleges recklessness with a provision that could result in a mandatory five-year sentence because the offense was committed with a gun.
Hannah Gutierrez-Reed, the film set’s gunsmith, is also facing involuntary manslaughter charges
Once the charges are filed in court, Baldwin will be served with a subpoena — but he doesn’t have to travel to New Mexico to comply with it in person.
Instead, he is allowed to appear virtually before a judge.
The hearing is the first step in a long court process.
A judge must then review the evidence gathered by the prosecution and decide whether or not the case can be brought to trial.
This is known as the probable cause.
If Baldwin pleads not guilty, which is what is expected of him, the case will go to trial.
If convicted, Baldwin has the right to an appeal and it is likely that he will file one.
Sentencing would likely be suspended until they did.
Baldwin faces a mandatory minimum five-year prison sentence for involuntary manslaughter with the firearm improvement discussed by prosecutors today.
The involuntary manslaughter charge carries a $5,000 fine.
The top questions that remain unanswered as prosecutors prepare to officially file charges in the Rust shooting
Alec Baldwin and Rust gunsmith Hannah Gutierrez-Reed are charged with involuntary manslaughter in the shooting of Halyna Hutchins.
But although prosecutors say they are responsible for the accidental death, two key questions remain unanswered; How did hot bullets end up on the film set in the first place? And did Alec Baldwin pull the trigger?
Why were there live bullets on the Rust set?
Baldwin received the gun from Assistant Director Dave Halls, who had received the gun from Gutierrez-Reed.
She’s always insisted that she wasn’t to blame and doesn’t know how a live round got mixed up with dummy rounds on set.
It remains unclear how they came to Bonanza Creek Ranch.
Actor Alec Baldwin was last seen in public on January 9th.
Armorer Hannah Gutierrez-Reed. Baldwin insisted she brought the live rounds to the set and was at fault
Seth Kenney, the prop shop owner who supplied the dummy rounds for Rust, had both live and dummy rounds in his shop.
He told police Gutierrez-Reed fired live rounds on set – but he didn’t say where she got the bullets from.
That’s the question Baldwin believes is the focus of the investigation. He’s always argued that whoever brought those rounds on set and mixed them up with dummies was to blame, and his fans agree.
Did Alec Baldwin pull the trigger or not?
Another key question that remains unresolved is whether Alec Baldwin pulled the gun trigger.
It was a prop gun and the plan was to load it with dummies.
The shooting happened while Baldwin was rehearsing, so he insists he didn’t pull the trigger.
He says he pulled the gun from its holster and pointed it in the face of Hutchins, director Joel Souza and the rest of the crew.
Crucially, he’s always claimed it was “cocked” – but says he didn’t fire it.
The gun Baldwin used in the Rust shoot. He faces five years in prison but insists he didn’t pull the trigger. Instead, he says the gun was cocked and spontaneously fired
The damning FBI report that said the gun could not be fired without pulling the trigger while cocked, Baldwin said
“The trigger wasn’t pulled. I didn’t pull the trigger.
“I’m cocking the gun. I say, “Can you see that? Can you see that? Can you see that?”
“And then I let go of the gun’s hammer and the gun goes off. I release the hammer of the gun, the gun goes off,” he said during a December interview with ABC’s George Stephanopoulos.
“So you never pulled the trigger?” asked Stephanopoulos.
“No no no no no. I would never point a gun at someone and pull a trigger.”
Those comments were undermined by an FBI report released in August that said it was impossible to fire the gun while cocked unless the trigger was pulled.
The same report states that it was possible for the gun to fire without the trigger being pulled when the gun was uncocked.
Baldwin’s attorneys, however, struck down that report. They said it was based on testing, which wasn’t extensive. They are expected to take that apart in the process.