Alec Baldwin to be charged in fatal 'Rust' shooting

By Adrienne Vogt, Matt Meyer and Elise Hammond, CNN

Updated 0618 GMT (1418 HKT) January 20, 2023

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11:37 a.m. ET, January 19, 2023

Prosecutors plan to charge Alec Baldwin with involuntary manslaughter

From CNN’s Paul Vercammen

A distraught Alec Baldwin lingers in the parking lot outside the Santa Fe County Sheriff's offices after being questioned on October 20, 2021. (Jim Weber/Santa Fe New Mexican)

Prosecutors plan to charge actor Alec Baldwin with involuntary manslaughter in the deadly 2021 “Rust” film shooting.

"'Rust' actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s Santa Fe County set in 2021,” New Mexico First Judicial District Attorney Mary Carmack-Altwies announced in statement Thursday morning.

Baldwin and Gutierrez Reed will be "charged in the alternative" with two counts of manslaughter, meaning a jury will decide not only whether the two are guilty, but also under which legal definition of involuntary manslaughter.

In either case, a conviction is punishable by up to 18 months in jail and up to a $5,000 fine, according to the district attorney.

But one definition would involve a firearm enhancement, or added mandatory penalty, because a firearm was involved. In that case, the crime could be punishable by a mandatory five years in jail.

The district attorney said no charges will be filed specific to the non-fatal shooting of the film's director, Joel Souza.

“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,” Carmack-Altwies said in the statement. “On my watch, no one is above the law, and everyone deserves justice.”

CNN has reached out to Baldwin and Gutierrez Reed for comment.

11:08 a.m. ET, January 19, 2023

Baldwin has placed responsibility for the shooting on crew members. Their attorneys say he's deflecting blame

From CNN's Travis Caldwell and Paul Vercammen

In an interview with CNN in August 2022, actor Alec Baldwin placed responsibility for the tragedy on Hannah Gutierrez Reed, who served as the armorer and props assistant on the film, and assistant director Dave Halls, who handed him the gun. In November, Baldwin filed suit against the two and other individuals associated with the film, according to a cross-complaint obtained by CNN.

Through their respective attorneys, both Gutierrez Reed and Halls maintained they were not at fault and accused Baldwin of deflecting blame onto others. Gutierrez Reed also sued the movie’s gun and ammunition supplier and its founder – who deny wrongdoing – and alleged a cache of dummy ammunition was sold with live rounds mixed in.

In October 2022, the family of Halyna Hutchins — the film cinematographer who was struck and killed by a live round of ammunition fired from a prop gun — reached an undisclosed settlement in a wrongful death lawsuit filed against Baldwin and others involved in producing the film.

Ten months after the 'Rust' shooting, Alec Baldwin says he still thinks about it every day | CNN

11:58 a.m. ET, January 19, 2023

Decision expected on criminal charges in "Rust" shooting, according to prosecutors

From CNN's Travis Caldwell and Paul Vercammen

This aerial photo shows part of the Bonanza Creek Ranch film set in Santa Fe, New Mexico, on October 23, 2021. (Jae C. Hong/AP/File)

Prosecutors say they are ready to announce whether criminal charges will be filed over the 2021 fatal film set shooting of a cinematographer that involved actor Alec Baldwin and other members of the film’s production.

Mary Carmack-Altwies, district attorney for the state’s first judicial district, and special prosecutor Andrea Reeb will disclose their decision in a written statement Thursday morning, according to Carmack-Altwies’ office.

“Regardless of the District Attorney’s decision, the announcement will be a solemn occasion, made in a manner keeping with the office’s commitment to upholding the integrity of the judicial process and respecting the victim’s family,” said Heather Brewer, spokesperson for the office.

Film cinematographer Halyna Hutchins was struck and killed by a live round of ammunition fired from a prop gun being held by Baldwin, who maintains he did not pull the gun’s trigger. Director Joel Souza was also injured.

I the summary of the postmortem investigation into Hutchins’ death – which was formally signed by the New Mexico chief medical investigator – the cause of death is listed as “gunshot wound of chest,” and the manner of death is listed as an “accident.”

“Review of available law enforcement reports showed no compelling demonstration that the firearm was intentionally loaded with live ammunition on set. Based on all available information, including the absence of obvious intent to cause harm or death, the manner of death is best classified as accident,” the report concluded.

An FBI forensics report said the weapon could not be fired during FBI testing of its normal functioning without pulling the trigger while the gun was cocked. The report also noted the gun eventually malfunctioned during testing after internal parts fractured, which caused the gun to go off in the cocked position without pulling the trigger.

Matthew Hutchins, widower of Halyna Hutchins, described her death as a “terrible accident” in a statement at the time of the settlement. Production on “Rust” was to resume this month with Matthew Hutchins joining as an executive producer on the film as part of the agreement.