A New Mexico grand jury has charged an actor with two counts of involuntary manslaughter in relation to the tragic death of cinematographer Helena Hutchins. The actor in question, who had previously been charged and cleared, now faces the possibility of up to 18 months in prison and a $5,000 fine if convicted.
The charges stem from an incident that occurred during a rehearsal for a scene, during which the actor was holding a gun that unexpectedly fired live ammunition. The previous case fell apart due to timing issues and new evidence involving the gun.
The specifics of the evidence presented to the grand jury remain undisclosed at this time. Recordings of the proceedings are expected to be released in the future. However, it has been noted that the actor is being charged in the alternative, meaning there is only one count of manslaughter involved. The charge alleges that the individual either committed a misdemeanor or petty misdemeanor, specifically negligent use of a deadly weapon, resulting in another person's death. Alternatively, the charge suggests that even if no crime was committed, the actor displayed a willful and reckless disregard for the safety of others, constituting involuntary manslaughter.
The prosecution's case may face challenges, particularly in establishing reckless conduct on a movie set where similar actions are often considered standard practice. While the gun's involvement is crucial, conflicting statements have emerged. The actor claimed to have been informed that the gun did not contain live rounds and asserted not having pulled the trigger. However, a previous report commissioned by the prosecution stated that the trigger must have been pulled for the incident to occur.
Concerns have been raised regarding the lack of a clear theory behind the charges, as the alternative approach suggests a range of potential scenarios. It remains to be seen how the new prosecution team will handle this aspect of the case.
Legal analysts anticipate the possibility of the special prosecutor adding a firearm enhancement to the charges, which could elevate the potential consequences. Although the current charge of involuntary manslaughter is the lowest felony level in New Mexico, carrying a maximum sentence of 18 months, an additional three years could be added if the enhancement is incorporated.
As the case develops, there is uncertainty surrounding the outcome, with potential implications for the film industry as a whole. The defense may argue that the actor's actions were consistent with industry practices, while the prosecution will need to build a compelling case to prove their charges beyond a reasonable doubt.