SANTA FE, N.M. (NEXSTAR) — Alec Baldwin and armorer Hannah Gutierrez-Reed will both be charged with involuntary manslaughter in the fatal 2021 film-set shooting of a cinematographer during a rehearsal of the Western “Rust,” the Santa Fe district attorney announced Thursday.
Baldwin, who was acting in and producing the film, and Gutierrez-Reed will each be charged with two counts “in the alternative,” the district attorney said. That means a jury will eventually decide if they are guilty, and if so, under which definition of manslaughter they are guilty under.
Assistant director David Halls signed a plea agreement for negligent use of a deadly weapon. He will serve a suspended six-month sentence and probation.
The announcement came in a statement on social media, without public appearances by prosecutors.
“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,” New Mexico First Judicial District Attorney Mary Carmack-Altwies said in a press release. “On my watch, no one is above the law, and everyone deserves justice.”
Cinematographer Halyna Hutchins died shortly after being wounded by a gunshot during setup for a scene at the 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.
No charges would be filed related to Souza’s non-fatal shooting, the district attorney’s office said Thursday.
Santa Fe County Sheriff Adan Mendoza, who led the initial investigation into Hutchins’ death, described “a degree of neglect” on the film set. But he left decisions about potential criminal charges to prosecutors after delivering the results of a yearlong investigation in October. That report did not specify how live ammunition wound up on the film set.
Taking control of the investigation, Carmack-Altwies was granted an emergency $300,000 request for the state to pay for a special prosecutor, special investigator and other experts and personnel.
“If any one of these three people—Alec Baldwin, Hannah Gutierrez-Reed or David Halls—had done their job, Halyna Hutchins would be alive today. It’s that simple,” said special prosecutor Andrea Reeb. “The evidence clearly shows a pattern of criminal disregard for safety on the ‘Rust’ film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously.”
Baldwin — known for his roles in “30 Rock” and “The Hunt for Red October” and his impression of former President Donald Trump on “Saturday Night Live” — has described the killing as a “tragic accident.”
He sought to clear his name by suing people involved in handling and supplying the loaded gun that was handed to him on the set. Baldwin, also a co-producer on “Rust,” said he was told the gun was safe.
“This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice,” Baldwin’s attorney, Luke Nikas, said after the charges were announced. “Mr. Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win.”
In his lawsuit, Baldwin said that while working on camera angles with Hutchins during rehearsal for a scene, he pointed the gun in her direction and pulled back and released the hammer of the weapon, which discharged.
New Mexico’s Office of the Medical Investigator determined the shooting was an accident following the completion of an autopsy and a review of law enforcement reports.
New Mexico’s Occupational Health and Safety Bureau has levied the maximum fine against Rust Movie Productions, based on a scathing narrative of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on the set prior to the fatal shooting.
Rust Movie Productions continues to challenge the basis of a $137,000 fine by regulators who say production managers on the set failed to follow standard industry protocols for firearms safety.
The armorer who oversaw firearms on the set, Hannah Gutierrez Reed, has been the subject of much of the scrutiny in the case, along with an independent ammunition supplier. An attorney for Gutierrez Reed has said she did not put a live round in the gun that killed Hutchins, and she believes she was the victim of sabotage. Authorities said they have found no evidence of that.
Investigators initially found 500 rounds of ammunition at the movie set on the outskirts of Santa Fe — a mix of blanks, dummy rounds and what appeared to be live rounds. Industry experts have said live rounds should never be on set.
In April 2022, the Santa Fe Sheriff’s Department released a trove of files, including lapel camera video of the mortally wounded Hutchins slipping in and out of consciousness as a medical helicopter arrived. Witness interrogations, email threads, text conversations, inventories of ammunition and hundreds of photographs rounded out that collection of evidence.
State workplace safety regulators said that immediate gun-safety concerns were addressed when “Rust” ceased filming, and that a return to filming in New Mexico would be accompanied by new safety inspections.
The family of Hutchins — widower Matthew Hutchins and son Andros — settled a lawsuit against producers under an agreement that aims to restart filming with Matthew Hutchin’s involvement as executive producer.
“Rust” was beset by disputes from the start in early October 2021. Seven crew members walked off the set just hours before the fatal shooting amid discord over working conditions.
Hutchins’ death has influenced negotiations over safety provisions in film crew union contracts with Hollywood producers and spurred other filmmakers to choose computer-generated imagery of gunfire rather than real weapons with blank ammunition to minimize risks.
Carmack-Altwies and Reeb are expected to formally file charges with New Mexico’s First Judicial District Court before the end of the month. If convicted, the fourth-degree felony charges are punishable by up to 18 months in jail and up to a $5,000 fine. The DA’s Office said the charges includes a firearm enhancement, or added mandatory penalty, because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail.
The Associated Press contributed to this report.