Alec Baldwin formally charged with involuntary manslaughter, told cops he fired weapon: docs
Alec Baldwin had not been fully trained with firearms ahead of the shooting death of Halyna Hutchins on the set of “Rust,” and shortly after admitted to officers he had fired the weapon, New Mexico prosecutors said Tuesday.
The Santa Fe County district attorney called his actions during the fatal shooting a “reckless deviation from known standards and practice,” as they officially hit him with felony charges.
The “30 Rock” actor, 64, and Hannah Gutierrez-Reed, the movie’s armorer, were each handed two felony counts of involuntary manslaughter and involuntary manslaughter in the commission of a lawful act, according to the complaint filed Tuesday.
Hutchins, a 42-year-old married mother of one, was fatally wounded on Oct. 21, 2021, when Baldwin fired a prop gun containing a live round. Director Joel Souza was also injured in the accident.
The Statement of Probable Cause filed by the DA against Baldwin stated he was not present for mandatory firearms training prior to the start of filming on the movie. It says when Gutierrez-Reed then booked a training session with the actor scheduled to last at least an hour, they only did about 30 minutes of actual training
“According to Reed, Baldwin was distracted and talking on his cell phone to his family during the training,” the prosecutors stated, adding: “Reed stated in her deposition this training was essential and could have prevented the fatal shooting.”
Baldwin had a very different take on the training session in an interview with ABC News in December 2021, saying he and Gutierrez-Reed “spent an hour and a half shooting the pistol. Her giving me all her safety instructions.”
The prosecutors also said their evidence disputes other details Baldwin would later discuss about the incident — including that he never fired the gun.
He also told ABC: “I didn’t pull the trigger … I would never point a gun at anyone and then pull the trigger, never.”
Prosecutors dispute that, noting “photos and videos clearly show Baldwin, multiple times, with his finger inside the trigger guard and on the trigger,” in the lead up to the shooting.
They also add: “Baldwin approached responding deputies on the day of the shooting, wanting to talk to them because he was the one who ‘fired’ the gun.”
Prosecutors also referred to the FBI’s analysis of the firearm, which “clearly showed that the weapon could not ‘accidentally fire,’” as the actor has also previously claimed on many occasions.
The document also said Baldwin failed to demand “at least two (2) safety checks between the armorer and himself” prior to the shooting.
The DA’s office noted “if Baldwin had not pointed the gun at Hutchins and Souza, this tragedy would not have occurred.
“This reckless deviation from known standards and practice and protocol directly caused the fatal shooting,” the document said.
Both Baldwin and Gutierrez-Reed — a rookie armorer — have maintained their innocence, while assistant director David Halls agreed to take a misdemeanor plea deal for handing the loaded gun to Baldwin.
In one lawsuit associated with the shooting, lawyers for Baldwin referred to “prior gun safety training he received on movie sets,” and claimed he was familiar with the protocols for handling weapons on set.
The probable cause statement said the shooting happened during an unscheduled rehearsal that did not require the weapon to be fired. It also said consultation with expert armorers showed a plastic or replica gun would normally be used in that setting.
Baldwin and Gutierrez-Reed are both charged “in the alternative” — meaning a jury can only convict them of one of the two counts they face. The first count comes with a maximum sentence of 18 months behind bars, while the second carries a minimum sentence of five years in prison.
The latest on the film set shooting of Halyna Hutchins
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- Sneaky Hilaria Baldwin dupes crowd outside NYC home so Alec can flee after ‘Rust’ charges
- Alec Baldwin refuses to accept blame for the ‘Rust’ shooting that killed Halyna Hutchins
Detectives in Sante Fe found a mixture of dummy and live rounds strewn about the set — in violation of industry safety standards. The FBI concluded that five rounds seized by police following the fatal shooting were live, four of which were found on or near the armorer’s cart, located just outside the film set, and one which was in “Baldwin’s holster located inside the church” where the fatal accident took place.
The probable cause document against Gutierrez-Reed also highlighted a number of ways she had apparently been negligent on the film set — only the second she had worked on as armorer — including how she should have been on the set with the gun at all times, did not perform a number of industry standard safety checks before the gun got to set and did not unload the firearm in the presence of Baldwin or Halls to prove it was loaded with dummy rounds.
Baldwin had been rehearsing a scene while Hutchins and Souza were behind the camera, when he drew the gun and fired one round that struck them both.
Halls has conceded that he should have checked all of the rounds inside the firearm before handing it to Baldwin.
“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,” special prosecutor Andrea Reeb said earlier this month in announcing the charges to come.
They will need to appear before a judge — either in person or by video — within 15 days of the charges being filed, a rep for the DA’s office explained.
In October, Baldwin settled a wrongful death lawsuit with Hutchins’ family for an undisclosed amount. As part of the settlement, Hutchins’ widower, Matthew, will receive an executive producer credit on the film.
In January 2021, Gutierrez-Reed filed suit against the props company, claiming it sold live and blank rounds mixed together. However, analysis by the FBI concluded this was not the case and the rounds were not sold by the prop company.
Baldwin’s wife, Hilaria Baldwin, said on her podcast Sunday — two days before the formal charges came out — that “It’s been an emotional time for my family.”
She thanked listeners, telling them that without their support, “we would crumble.”
Former federal prosecutor and current New York City lawyer Sarah Krissoff said the case will “be an uphill battle” for prosecutors to prove given “there isn’t a lot of precedent for charging this type of accidental death under an involuntary manslaughter statute.”
“While there may be civil liability related to how the set was managed,” Krissoff said, “it’s harder to show that you’re going to have the level of recklessness needed to convict under the involuntary manslaughter statute.”
Krissoff said she thought it was unusual for prosecutors to announce those charges weeks ahead of their filing.
“Now the legal teams have extra time to prepare for the charges. That seemed very unusual to me,” she said.
And so many people involved “have already told their story multiple times,” so “the defense is going to have to shape their defense case around the statements that have already been made of their clients.”
But Krissoff said Baldwin will surely have a “stellar legal team” and his and Gutierrez-Reed’s lawyers “are going to come out swinging” against the prosecution.
