'We'll fight and win': Alec Baldwin lawyer says actor will fight involuntary manslaughter charge over Rust shooting

19 January 2023, 16:05 | Updated: 19 January 2023, 20:15

Alec Baldwin has been charged with involuntary manslaughter over the Rust shooting
Alec Baldwin has been charged with involuntary manslaughter over the Rust shooting. Picture: Alamy/Getty

By Will Taylor

Hollywood star Alec Baldwin has been charged with involuntary manslaughter over the fatal shooting of a cinematographer during production of Rust.

Halyna Hutchins was killed after Baldwin fired a loaded prop gun, an incident that also wounded the film's director Joel Souza. Her family said they support the charges.

The actor were filming Rust, a Western, in Santa Fe county, New Mexico.

Baldwin, who has starred in roles in The Hunt for Red October and the Mission Impossible series, will be charged alongside Hannah Gutierrez-Reed, the production's armourer.

Both face two counts of the charge and Baldwin pledged to fight the charges and win.

"This decision distorts Halyna Hutchins's tragic death and represents a terrible miscarriage of justice," his lawyer 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.

Baldwin has been charged with involuntary manslaughter
Baldwin has been charged with involuntary manslaughter. Picture: Alamy

"We will fight these charges, and we will win."

The assistant director on Rust, David Halls, has agreed to plead guilty to negligent use of a deadly weapon.

Special prosecutor Andrea Reeb said: "If any one of these three people, Alec Baldwin, Hannah Gutierrez-Reed or David Halls, had done their job, Halyna Hutchins would be alive today. It's that simple.

"The evidence clearly shows a pattern of criminal disregard for safety on the Rust film set.

"In New Mexico, there is no room for film sets that don't take our state's commitment to gun safety and public safety seriously."

Halyna Hutchins was killed in the Rust shooting
Halyna Hutchins was killed in the Rust shooting. Picture: Getty

Mary Carmack-Altwies, the district attorney, said: "After a thorough review of the evidence and the laws of the state of New Mexico, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the Rust film crew.

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"On my watch, no-one is above the law, and everyone deserves justice."

The actor's lawyer did not immediately comment, but in the past Mr Baldwin has said the gun misfired, claimed he did not pull the trigger and said he was unaware the gun was loaded with real bullets.

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The shooting happened in October 2021 when Baldwin fired a weapon loaded with live rounds instead of dummies.

Production was halted after the tragedy which also saw the actor reach a settlement with Ms Hutchins' family in early 2022, in which they said it was an accident.

Ms Hutchins was shot on the Rust set in Santa Fe county, New Mexico
Ms Hutchins was shot on the Rust set in Santa Fe county, New Mexico. Picture: Getty

"I don't know what happened on that set," he said two months after the tragedy.

"I don't know how that bullet arrived in that gun."

Ms Hutchins' family said in a statement: "We want to thank the Santa Fe Sheriff and the District Attorney for concluding their thorough investigation and determining that charges for involuntary manslaughter are warranted for the killing of Halyna Hutchins with conscious disregard for human life.

"Our independent investigation also supports charges are warranted. It is a comfort to the family that, in New Mexico, no one is above the law.

"We support the charges, will fully cooperate with this prosecution, and fervently hope the justice system works to protect the public and hold accountable those who break the law."

Among Baldwin's most famous roles are his turn in the TV show 30 Rock, winning two Emmy awards and three Golden Globes for his work on it, and as lampooning Donald Trump in various sketches on Saturday Night Live.

The involuntary manslaughter charges can carry a jail sentence of up to 18 months and a $5,000 fine (£4,040) if convicted.

The second manslaughter charge include a firearm enhancement, which makes it punishable by a mandatory five years in prison.

The charges will be filed in court by the end of January, after which the Baldwin and Gutierrez-Reed will need to appear in court in person or virtually.

A preliminary hearing will be held, where a judge will hear from the special prosecutor and district attorney and rule if a trial should go ahead.