Alec Baldwin ‘inflamed’ prosecutors with statements about ‘Rust’ shooting: Mark Geragos
Criminal defense attorney Mark Geragos unpacks the charges against actor Alec Baldwin over the deadly shooting on the ‘Rust’ movie set.
A famed criminal defense attorney warned Friday that actor Alec Baldwin is facing more than six years in prison if he is found guilty on all charges.
Baldwin is facing two charges of involuntary manslaughter in the death of cinematographer Halyna Hutchins, who was killed on the set of ‘Rust' in October 2021. Baldwin was also charged with a firearm enhancement charge, which would sentence Baldwin to a minimum of five years in prison if convicted.
"If you believe the prosecutors, they think he's facing up to six and a half years. The one and a half, plus the five years for the gun," attorney Mark Geragos said on "America's Newsroom."
Baldwin has remained steadfast in his claims he did not pull the trigger of the weapon - 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.
Alec Baldwin shown on the "Rust" movie set in this crime scene photo. (Santa Fe County Sheriff’s Office)
"He's going to say, basically, 'I relied on them yelling, it was cold,' meaning there was no bullet in the gun," Geragos said.
Both the first charge of involuntary manslaughter, a fourth-degree felony, and the second charge of involuntary manslaughter in the commission of a lawful act could get the actor 18 months in prison if convicted.
"The problem [Baldwin] faces on this is the involuntary manslaughter does not require him to have the intent. He doesn't have to have the mental state that he wanted to do this. It's negligence," Geragos explained.
"And in New Mexico, it's really almost an ordinary negligence, just doing a lawful act unlawfully. That's the legal term for it."
Baldwin, however, was not the only ‘Rust’ member charged Thursday. Hannah Gutierrez-Reed, who was the armorer on the film "Rust," was also charged with two counts of involuntary manslaughter.
ALEC BALDWIN ‘RUST’ SHOOTING INVOLUNTARY MANSLAUGHTER CHARGES: HIS 4 BIGGEST MISSTEPS
After the charges were announced Thursday, Baldwin's attorney Luke Nikas said the charges were a "terrible miscarriage of justice" in a statement to Fox News Digital.
"This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice," Luke Nikas of Quinn Emanuel said. "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."
ALEC BALDWIN CHARGED WITH INVOLUNTARY MANSLAUGHTER: TIMELINE OF FATAL ‘RUST’ MOVIE ACCIDENT
Geragos also noted an "interesting" component of the case is that Baldwin had two roles in the production - actor and producer.
"[The prosecution] are coming at him under both theories. They're saying as the actor who pulled the trigger, even though he denies pulling the trigger, and also is the producer who was cutting corners, trying to save money at the expense of safety. So they've kind of boxed him in, if you will."
Halyna Hutchins is survived by her husband Matthew and their 9-year-old son. (Hutchins' lawyer Brian Panish)
Geragos said Baldwin's lawyers will almost certainly look for a plea deal.
"Any good defense attorney, and he's got a very good defense lawyer, is going to always explore the idea of a plea. It's almost malpractice not to. No matter what your client's telling you, you have to give them their options," he said.
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"If he gets convicted on that one count with the mandatory use, he's facing five years in prison. So they're absolutely going to explore some kind of deal," he told Dana Perino and Bill Hemmer.
Fox News' Lauryn Overhultz contributed to this report.
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