Prosecutors in New Mexico are expected to make a decision on whether or not to file charges in relation to the fatal Rust film shooting by the end of this month, Sky News understands.
Cinematographer Halyna Hutchinsdied after a prop gun held by actor Alec Baldwin was discharged during rehearsals for the western film on the Bonanza Creek Ranch set in Santa Fe in October 2021.
Image: Alec Baldwin pictured on set following the tragedy. Pic: Sante Fe Police
Following the announcement, Santa Fe’s district attorney (DA) said the criminal investigation would continue despite the civil settlement.
DA Mary Carmack-Altwies had been granted additional funding of $317,750 (about £282,900) to investigate the high-profile case – saying at the time in a letter to the State of New Mexico Board of Finance, seen by Sky News, that she anticipated prosecuting “up to four individuals” if it was found charges were warranted.
In the letter, she said that “many individuals had handled the gun that ultimately killed Hutchins”.
While there is no set timeline for her announcement on charges, a decision is expected later in January.
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In the DA’s statement following the civil settlement in October, a spokesperson for her office said: “The proposed settlement in Matthew Hutchins’ wrongful death case against Rust movie producers, including Alec Baldwin, in the death of Halyna Hutchins, will have no impact on District Attorney Mary Carmack-Altwies’ ongoing investigation or her ultimate decision whether to file criminal charges in the case.
“While civil suits are settled privately and often involve financial awards, criminal cases deal only in facts. If the facts and evidence warrant criminal charges under New Mexico law then charges will be brought.
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“No one is above the law.”
Details of what the charges could be, if the DA decides to move forward with prosecution, have not been released, but the prosecutor is understood to have been looking at all New Mexico laws that might be applicable to the case – which could include involuntary manslaughter and negligent use of a deadly weapon.
Baldwin’s ‘immense grief’ detailed in his own lawsuit
Several other civil lawsuits have been filed in relation to the case.
In November, Baldwin filed his own lawsuit against the film’s armourer Hannah Gutierrez-Reed – who was in charge of guns on set – and three other crew members, including assistant director Dave Halls, as a cross-complaint to a previous suit in which a different member of the crew named the actor and others as defendants.
Baldwin, 64, is a producer as well as the star of the film.
His cross-complaint alleges negligence and seeks damages to be determined at trial, for the “immense grief” he has endured as a result of Hutchins’ death.
In a TV interview in December 2021, the actor said the Colt .45 revolver misfired as he cocked it and that he did not pull the trigger. He also questioned how live rounds came to be on set.
An FBI forensic test of the single-action revolver found it “functioned normally” and would not fire without the trigger being pulled.
In another interview in August 2022, Baldwin responded to the FBI’s report concluding that the gun’s trigger had been pulled, saying the bullet could have fired through a process called “fanning”.
The restart on production of Rust was due to begin this month, with Matthew Hutchins executive producing and director Joel Souza – who was injured in the shooting – returning at the helm.
However, the location for filming was due to move from New Mexico to California, according to reports.
What did the separate parties say about the settlement of Matthew Hutchins’ lawsuit?
The undisclosed settlement between Hutchins’ family, Baldwin and Rust Movie Productions was announced on 5 October 2022.
“I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr Baldwin),” Matthew Hutchins said in a statement. “All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.”
Rust Movie Productions, through attorney Melina Spadone, said it marked “an important step forward in celebrating Halyna’s life and honouring her work”.
Alec Baldwin’s attorney, Luke Nikas, said: “Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna’s son. We are grateful to everyone who contributed to the resolution of this tragic and painful situation.”
The severity cannot be overstated, if an additional 50% tariffs are levied on all Chinese goods it will decimate trade between the world’s two biggest economies.
Remember, 50% would sit on top of what is already on the table: 34% announced last week, 20% announced at the start of US President Donald Trump’s term, and some additional tariffs left over from his first term in office.
In total, it means all Chinese goods would face tariffs of over 100%, some as high as 120%.
It’s a price that makes any trade almost impossible.
China is really the only nation in the world at the moment that is choosing to take a stand.
While others are publicly making concessions and sending delegations to negotiate, China has clearly calculated that not being seen to be bullied is worth the cost that retaliation will bring.
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6:50
Tariffs: Xi hits back at Trump
The real question, though, is if the US does indeed impose this extra 50% tomorrow, what could or would China do next?
There are some obvious measures that China will almost certainly enact.
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Further export controls on rare earth minerals (crucial for the development of high-tech products) are one example. China controls a huge proportion of the world’s supply, but the US would likely find workarounds in time.
Hiking tariffs on high-impact US products such as agricultural goods is another option, but there is only so far this could go.
The potentially more impactful options have significant drawbacks for Beijing.
It could, for instance, target high-profile American companies such as Apple and Tesla, but this isn’t ideal at a time when China is trying to attract more foreign investment, and some devaluation of the currency is possible, but it would also come with adverse effects.
Other options are more political and come with the risk of escalation beyond the economic arena.
In an opinion piece this morning, the editor of Xinhua, China’s state news agency, speculated that China could cease all cooperation with the US on the war against fentanyl.
This has been a major political issue for Mr Trump, and it’s hard to see it would not constitute some sort of red line for him.
Other options touted include banning the import of American films, or perhaps calling for the Chinese public to boycott all American products.
Anything like this comes with a sense that the world’s two most powerful superpowers might be teetering on the edge of not just a total economic decoupling, but cultural separation too.
There is understandably serious nervousness about how that could spiral and the precedent it sets.
Donald Trump’s trade tariffs on what he calls “the worst offenders” come into effect at 5am UK time, with China facing by far the biggest levy.
The US will hit Chinese imports with 104% tariffs, marking a significant trade escalation between the world’s two largest superpowers.
At a briefing on Tuesday, White House press secretary Karoline Leavitt said Donald Trump “believes that China wants to make a deal with the US,” before saying: “It was a mistake for China to retaliate.
“When America is punched, he punches back harder.”
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0:54
White House announces 104% tariff on China
After Mr Trump announced sweeping levies last week – hitting some imported goods from China with 34% tariffs – Beijing officials responded with like-for-like measures.
The US president then piled on an extra 50% levy on China, taking the total to 104% unless it withdrew its retaliatory 34% tariff.
China’s commerce ministry said in turn that it would “fight to the end”, and its foreign ministry accused the US of “economic bullying” and “destabilising” the world’s economies.
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‘Worst offender’ tariffs also in effect
Alongside China’s 104% tariff, roughly 60 countries – dubbed by the US president as the “worst offenders” – will also see levies come into effect today.
The EU will be hit with 20% tariffs, while countries like Vietnam and Cambodia see a 46% levy and 49% rate respectively.
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2:03
What’s going on with the US and China?
Since the tariffs were announced last Wednesday, global stock markets have plummeted, with four days of steep losses for all three of the US’ major indexes.
As trading closed on Tuesday evening, the S&P 500 lost 1.49%, the Nasdaq Composite fell 2.15%, and the Dow Jones Industrial Average dropped 0.84%.
According to LSEG data, S&P 500 companies have lost $5.8tn (£4.5tn) in stock market value since last Wednesday, the deepest four-day loss since the benchmark was created in the 1950s.
Image: Global stock markets have been reeling since Trump’s tariff announcement last week. Pic: AP
Meanwhile, the US president signed four executive orders to boost American coal mining and production.
The directives order: • keeping some coal plants that were set for retirement open; • directing the interior secretary to “acknowledge the end” of an Obama-era moratorium that paused coal leasing on federal lands; • requiring federal agencies to rescind policies transitioning the US away from coal production, and; • directing the Department of Energy and other federal agencies to assess how coal energy can meet rising demand from artificial intelligence.
At a White House ceremony, Mr Trump said the orders end his predecessor Joe Biden’s “war on beautiful clean coal,” and miners “will be put back to work”.
The severity cannot be overstated, if an additional 50% tariffs are levied on all Chinese goods it will decimate trade between the world’s two biggest economies.
Remember, 50% would sit on top of what is already on the table: 34% announced last week, 20% announced at the start of US President Donald Trump’s term, and some additional tariffs left over from his first term in office.
In total, it means all Chinese goods would face tariffs of over 100%, some as high as 120%.
It’s a price that makes any trade almost impossible.
China is really the only nation in the world at the moment that is choosing to take a stand.
While others are publicly making concessions and sending delegations to negotiate, China has clearly calculated that not being seen to be bullied is worth the cost that retaliation will bring.
Please use Chrome browser for a more accessible video player
6:50
Tariffs: Xi hits back at Trump
The real question, though, is if the US does indeed impose this extra 50% tomorrow, what could or would China do next?
There are some obvious measures that China will almost certainly enact.
Spreaker
This content is provided by Spreaker, which may be using cookies and other technologies.
To show you this content, we need your permission to use cookies.
You can use the buttons below to amend your preferences to enable Spreaker cookies or to allow those cookies just once.
You can change your settings at any time via the Privacy Options.
Unfortunately we have been unable to verify if you have consented to Spreaker cookies.
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Further export controls on rare earth minerals (crucial for the development of high-tech products) are one example. China controls a huge proportion of the world’s supply, but the US would likely find workarounds in time.
Hiking tariffs on high-impact US products such as agricultural goods is another option, but there is only so far this could go.
The potentially more impactful options have significant drawbacks for Beijing.
It could, for instance, target high-profile American companies such as Apple and Tesla, but this isn’t ideal at a time when China is trying to attract more foreign investment, and some devaluation of the currency is possible, but it would also come with adverse effects.
Other options are more political and come with the risk of escalation beyond the economic arena.
In an opinion piece this morning, the editor of Xinhua, China’s state news agency, speculated that China could cease all cooperation with the US on the war against fentanyl.
This has been a major political issue for Mr Trump, and it’s hard to see it would not constitute some sort of red line for him.
Other options touted include banning the import of American films, or perhaps calling for the Chinese public to boycott all American products.
Anything like this comes with a sense that the world’s two most powerful superpowers might be teetering on the edge of not just a total economic decoupling, but cultural separation too.
There is understandably serious nervousness about how that could spiral and the precedent it sets.