Alec Baldwin to be formally charged in fatal 'Rust' shooting
Cinematographer Halyna Hutchins died on Oct. 21, 2021, after a gun Alec Baldwin was holding fired on the set of 'Rust'
{{#rendered}} {{/rendered}}Alec Baldwin will be formally charged with involuntary manslaughter on Tuesday.
"The District Attorney and the special prosecutor are fully focused on securing justice for Halyna Hutchins," New Mexico First Judicial District Attorney’s Office spokesperson Heather Brewer said in a statement. "The evidence and the facts speak for themselves."
Armorer Hannah Gutierrez-Reed will also be formally charged with involuntary manslaughter.
{{#rendered}} {{/rendered}}Halyna Hutchins died on Oct. 21, 2021, after a gun Baldwin was holding fired on set. The director of "Rust" Joel Souza was also injured in the shooting in a church on Bonanza Creek Ranch in New Mexico.
Alec Baldwin photographed on Jan. 29 days before the New Mexico First Judicial District Attorney's Office announced formal charges will be filed against the actor. (Maurizio Dell'Amore/MEGA)
Alec Baldwin will be charged with involuntary manslaughter in the death of cinematographer Halyna Hutchins on Tuesday, Jan. 31. (Mark Sagliocco/Getty Images for National Geographic | Mat Hayward/Getty Images for AMC Networks)
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The Santa Fe County Sheriff's Department has spent the last year investigating how live rounds made it onto the movie set. Gutierrez-Reed and assistant director Dave Halls were the only other crew members believed to have handled the gun that fired on set.
{{#rendered}} {{/rendered}}Halls allegedly handed Baldwin a .45 revolver, telling him that it was "cold," or safe. Prior to that, Gutierrez-Reed spun the cylinder to show Halls what was in the gun, her lawyer said.
Baldwin has maintained that he did not pull the trigger of the gun – once during a prime-time interview shortly following the deadly shooting and again on a podcast episode. The actor originally said he had pulled the hammer of the gun back as far as he could and released it, but did not pull the trigger.
The New Mexico First Judicial District Attorney's Office announced Baldwin would be hit with two charges of involuntary manslaughter earlier this month.
{{#rendered}} {{/rendered}}Halyna Hutchins died on the set of "Rust" on Oct. 21, 2021, after a gun Alec Baldwin was holding fired. (Panish Shea Boyle Ravipudi LLP)
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Baldwin's lawyer called the decision to charge the actor a "miscarriage of justice."
"This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice," Luke Nikas of Quinn Emanuel told Fox News Digital in a statement. "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."
{{#rendered}} {{/rendered}}Involuntary manslaughter is a Class D felony punishable by up to 18 months in jail and a $5,000 fine.
Baldwin's second count is involuntary manslaughter in the commission of a lawful act, which "requires proof that there was more than simple negligence involved in a death," according to the DA's office. It is also punishable by up to 18 months in jail and a $5,000 fine.
However, this charge includes a firearm enhancement. If convicted on the enhancement, Baldwin would face a mandatory five years in jail.
{{#rendered}} {{/rendered}}Alec Baldwin shown on the "Rust" movie set in this photo released by the Santa Fe County Sheriff's Office. (Santa Fe County Sheriff’s Office)