Alec Baldwin Faces Two Counts of Involuntary Manslaughter for Fatal Shooting on ‘Rust’ Movie Set

Written by Rachel Canoun

Contrary to the archetypes of Westerns, not all cowboys are outlaws. On January 19th 2023, Mary Carmack-Altwies, First Judicial District Attorney of New Mexico, announced that the district will charge Alec Baldwin with two counts of involuntary manslaughter for the death of Halyna Hutchins. Hutchins, director of photography for the movie “Rust”, was fatally shot on set in October 2021. 

During rehearsal for the Western, Baldwin was practicing drawing the prop gun, pointing it at the camera held by Hutchins, when the gun discharged. The prop contained a live round which consequently killed Hutchins and injured Director Joel Souza. Baldwin maintains that he did not pull the trigger and was told that the gun did not contain any live rounds. Andrea Reeb, the special prosecutor for the upcoming case, said that there was “a pattern of criminal disregard for safety on the ‘Rust’ film set.”  Investigators from the Santa Fe County Sheriff’s Office and the New Mexico Occupational Health and Safety Bureau found that there were accidental misfires on set prior to the incident. 

To prove involuntary manslaughter in New Mexico, there must be underlying negligence. DA Carmack-Altwies asserts that Baldwin, as an actor, should have checked the gun himself, because “he has an absolute duty to know that what is in the gun… is safe”. Baldwin’s attorney explained that Baldwin “relied on the professionals… who assured him the gun did not have live rounds”. The prosecution also raises the argument that Baldwin, as a producer, has a duty to ensure that the set is safe in general. These obligations do not specifically exist in current precedent, but a charge relating to an unintentional shooting on a film set is also unprecedented. 

Baldwin will be charged in the alternative with two counts of involuntary manslaughter: one count for basic involuntary manslaughter and another for involuntary manslaughter in the commission of a lawful act. Baldwin can only be found guilty of one of these counts, thus giving the jury the power to decide which definition of involuntary manslaughter is best suited to Baldwin’s situation. Either count could lead to a fourth-degree felony conviction, but the main effect of the jury’s choice would be at sentencing. If convicted of involuntary manslaughter, Baldwin could face up to eighteen months of jailtime and up to a $5000 fine. However, involuntary manslaughter in the commission of a lawful act includes a firearm enhancement – a mandatory five-year sentence. 

Armorer for the film, Hannah Gutierrez-Reed, who loaded the gun, will be charged with the same two counts of involuntary manslaughter. Assistant Director David Halls, who handed Baldwin the gun, has reached a plea agreement for negligent use of a deadly weapon. 

The movie was originally set to resume filming in January 2023 with widower Matthew Hutchins as an executive producer (a role that came from the settlement of Hutchins’ wrongful death civil suit). Currently, the plans to resume production have not been altered by the DA’s announcement.  

Announcement by the First Judicial District Attorney of New Mexico