Alec Baldwin is to be charged with involuntary manslaughter over the death of cinematographer Halyna Hutchins, who was shot during the filming of Holywood western Rust in 2021.
The film's armourer, Hannah Gutierrez-Reed, will also be faced with the same charge. During filming at the Santa Fe set, a gun being used as a prop by Baldwin discharged, resulting in the death of Ms Hutchins.
The decision was announced by New Mexico District Attorney Mary Carmack-Altwies, via a written statement on Thursday.
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In the statement, Ms Carmack-Altwies 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.
“On my watch, no one is above the law, and everyone deserves justice.”
Responding to the announcement, Baldwin’s lawyer, Luke Nikas of Quinn Emanuel, said: “This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice. 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. We will fight these charges, and we will win.”
Rust director Joel Souza was also wounded in the shooting on the Bonanza Creek Ranch set near Santa Fe, Arizona. Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon.
No charges will be filed over the non-fatal shooting of Souza.
In the statement issued on behalf of Hutchins' family, lawyer Brian J Panish said: "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."
Following the filing of charges, each defendant will be issued a summons with the charging information and will be required to make a first appearance at court shortly after – though this can be done virtually.
The next step after first appearance will be a preliminary hearing, where the District Attorney and the special prosecutor will present their case to the judge, who will rule whether there is probable cause to move forward with a trial. Dates for a preliminary hearing will be set by the court and are typically scheduled within 60 days of charges being filed.
In October last year, Baldwin marked the anniversary of Ms Hutchins’ death with a post on Instagram. Sharing a picture of her, the actor wrote: “One year ago today…”.
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