Alec Baldwin will not be charged with the shooting of Rust's director Joel Souza, who was hit with the same bullet that killed Halyna Hutchins – as police didn't class the shooting of Joel as a crime and therefore wasn't investigated for it.
Cinematographer and mother of one Hutchins was killed on the set of Rust in October 2021 when Baldwin discharged a prop gun, which also injured Souza.
He was hit in the shoulder by the bullet which killed Halyna, but was later released from hospital.
Halyna, 42, was airlifted to hospital from the New Mexico set, but died of her injuries.
The authorities have been investigating the shooting of Halyna and Joel to determine how a live round got into the gun Baldwin was using, why crew members who inspected it on the set failed to notice it, and why the gun got fired.
64-year-old Alec will be charged with two counts of involuntary manslaughter over the death of Ms Hutchins.
However, the actor will not be charged with the shooting of Joel, as the Santa Fe District Attorney's Office have reportedly said there is "no crime" when it comes to this incident.
They say the only way to characterise the shooting of Souza is as 'unintentional battery' and no such thing exists, according to information obtained by TMZ.
Battery requires intent and the District Attorney's Office made clear to the publication that they believe Alec had no intention to hurt anyone.
However, involuntary manslaughter is where someone has committed an unlawful killing without an intention to kill, or to cause grievous bodily harm – causing the death by recklessness or gross negligence instead.
Both Alec and the film’s armourer Hannah Gutierrez-Reed face two counts of involuntary manslaughter over the death of Halyna, a charge that carries a maximum of 18 months in prison.
The charge "represents a terrible miscarriage of justice", Alec's lawyer has said.
Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon, the DA’s office 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," attorney Mary Carmack-Altwies said.
"On my watch, no-one is above the law, and everyone deserves justice."
Baldwin's lawyers have hit out at the decision.
In a statement, 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."
Speaking on behalf of the Hutchins family, Halyna's husband Matt's attorney Brian Panish said: "We want to thank the Santa Fe Sheriff and the District Attorney for concluding their thorough investigation and determining that charges of 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."
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