Involuntary manslaughter charges will be filed Tuesday in New Mexico against actor/producer Alec Baldwin and the armorer on the film "Rust'' stemming from the on-set shooting of cinematographer Halyna Hutchins in 2021.
New Mexico First Judicial Attorney Mary Carmack-Altwies announced earlier this month that Baldwin, 64, and “Rust” armorer Hannah Gutierrez-Reed would be charged with involuntary manslaughter and involuntary manslaughter in the commission of a lawful act.
Prosecutors said the pair will be charged "in the alternative," meaning it will be up to a jury to decide which level of involuntary manslaughter they allegedly committed in the Oct. 21, 2021, shooting.
Carmack-Altwies will formally file the charges in New Mexico on Tuesday, as well as a plea agreement reached with the film's assistant director, David Halls, who will admit a charge of negligent use of a deadly weapon.
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The deal calls for him to receive a suspended sentence and six months probation.
Court appearances have not yet been scheduled for Baldwin and Gutierrez-Reed, who have both repeatedly denied any wrongdoing in the shooting, which occurred inside a church building on the set of the Western film "Rust" near Santa Fe.
Baldwin fired the fatal shot from a prop gun while helping Hutchins, 42, and director Joel Souza set camera angles for a scene.
The actor, who was also a producer on the film, has insisted he was told the gun was “cold,” or contained no live rounds. He has also insisted that while he pulled back the hammer on the weapon, he never pulled the trigger.
Following an occupational-safety investigation into the shooting that led to a fine against the production company, attorneys for Gutierrez-Reed said the probe determined that she “was not provided adequate time or resources to conduct her job effectively.”
They also noted that film producers “failed to call Hannah in to perform her armorer duties and inspect the firearm right before its use in the impromptu scene with Baldwin. As we have stated before, had anyone from Production called Hannah back into the church before the scene to consult with her, this tragedy would have been prevented.”
According to Carmack-Altweis' office, no public appearances will be made Tuesday in conjunction with the criminal filings, but various court documents will be publicly released, including the charging documents and statement of probable cause supporting the charges.
The involuntary manslaughter charges carry possible sentences of 18 months in jail and a $5,000 fine.
The charge of involuntary manslaughter in the commission of a lawful act will include a sentencing enhancement for use of a firearm, making that count punishable by up to five years in jail.
Sheriff's investigators determined that live ammunition was found on the set, mixed with blanks that are traditionally used in film production.
Hutchins' death led to industry-wide calls for improvements in on-set safety, particularly in regard to the use of firearms.
