A New Mexico prosecutor announced on Tuesday, January 31 that actor Alec Baldwin and armorer Hannah Gutierrez-Reed will be charged with involuntary manslaughter for the fatal shooting of cinematographer Halyna Hutchins on the set of Western “Rust” in 2021.
The charges come after 15 months of speculation about whether Santa Fe District Attorney Mary Carmack-Altwies would find evidence that Baldwin acted recklessly when a revolver gun he was practicing with fired a live round, killing Hutchins.
The actor has denied any involvement in the shooting, claiming that he cocked the revolver but never pulled the trigger, and that it was the responsibility of Gutierrez-Reed and other weapons experts to ensure it was unloaded.
The most serious charge, which carries a five-year prison sentence, would require prosecutors to persuade the jury that Baldwin’s use of a firearm was not only negligent but reckless.
“The evidence and facts speak for themselves,” said Heather Brewer, a spokeswoman for Carmack-Altwies’ office.
An investigation by the sheriff’s office has yet to reveal how live ammunition got onto the set outside Santa Fe.
According to legal experts, prosecutors will struggle to obtain convictions in the absence of evidence. Baldwin and Gutierrez-Reed were aware of the presence of live ammunition but took no precautions.
Actors are instructed by Hollywood firearms safety guidelines to assume a firearm is loaded with blanks and to rely on professional weapons handlers to ensure it is safe to use. On sets, live ammunition is strictly prohibited.
Gutierrez-Reed stated that she double-checked the rounds she loaded in the revolver before handing it over to first assistant director Dave Halls. According to police, Halls handed it to Baldwin, telling him it was a “cold gun” or unloaded.
Halls has agreed to a misdemeanor plea deal with prosecutors.
On December 7, the armorer testified before New Mexico’s worker safety agency (OSHA) that the shooting could have been avoided if she had more time to train Baldwin. He had “poor form,” she said, when using the revolver.
Baldwin had a tendency to cock the revolver then pull the trigger to release the hammer, rather than lower it slowly with his thumb once a scene was over, she said.
“If you do not release the hammer slowly, it is typical that a gun will go off,” Gutierrez-Reed said.
ButGabrielle Pickle, the movie’s line producer, told OSHA on December 20 that Gutierrez-Reed was granted all the days she requested to fulfill her armorer duties.