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.”
Mr Trump is expected to travel to Scotland in the coming weeks to visit his golf courses ahead of an official state visit in September.
“We’re going to be meeting with the British prime minister, very respectful, and we are going to have a meeting with him, probably in Aberdeen, and we’re going to do a lot of different things.
“We’re going to also refine the trade deal that we’ve made.
“So we’ll be meeting mostly […] at probably one of my properties, or maybe not, depending on what happens, but we’ll be in Aberdeen, in Scotland, meeting with the prime minister.”
Image: Donald Trump speaks to reporters outside the White House. Pic: Reuters
The UK and US signed a trade deal earlier this year that reduced car and aerospace tariffs, but questions have remained about a promise from Washington to slash steel tariffs.
In May, the White House said it would exempt the UK from plans for a 25% tariff on global steel imports but that is yet to be ratified and the levy has since been doubled on all other countries.
Mr Trump had insisted that unless Britain could finalise the details of a metals trade deal with the US by 9 July, when wider “Liberation Day” tariff pauses were expected to expire, he would slap the UK with a 50% rate as well.
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Who will be positively impacted by the UK-US trade deal?
However that pause was extended until 1 August, with the US president saying nations would instead get letters informing them of his plans.
Downing Street is still hoping it can secure 0% tariffs on steel.
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On Tuesday, a Downing Street spokesperson played down the significance of the meeting in Scotland, stressing it was a private trip so it “will not be a formal bilateral”.
Since taking office in January, Mr Trump has imposed tariffs on countries across the world in a bid to boost domestic production and address trade deficits.
As well as sector specific tariffs, there is a baseline tariff of 10% for most other imports, though some countries face higher rates.
The UK was the first to hash out a deal on exemptions after a successful charm offensive by Sir Keir.
Mr Trump has praised the PM, telling the BBC earlier on Tuesday: “I really like the prime minister a lot, even though he’s a liberal.”
There are also plans for Scottish First Minister John Swinney to meet Mr Trump during his trip.
It will be followed by the official state visit between 17-19 September, when Mr Trump will be hosted by the King and Queen at Windsor Castle and accompanied by his wife Melania.
It will be Mr Trump’s second state visit to the UK, having previously been hosted during his first term in 2019.
Donald Trump has agreed to send “top of the line weapons” to NATO to support Ukraine – and threatened Russia with “severe” tariffs if it doesn’t agree to end the war.
Speaking with NATO secretary-general Mark Rutte during a meeting at the White House, the US president said: “We’ve made a deal today where we are going to be sending them weapons, and they’re going to be paying for them.
“This is billions of dollars worth of military equipment which is going to be purchased from the United States, going to NATO, and that’s going to be quickly distributed to the battlefield.”
Weapons being sent include surface-to-air Patriot missile systems and batteries, which Ukrainehas asked for to defend itself from Russian air strikes.
Mr Trump also said he was “very unhappy” with Russia, and threatened “severe tariffs” of “about 100%” if there isn’t a deal to end the war in Ukraine within 50 days.
The White House added that the US would put “secondary sanctions” on countries that buy oil from Russia if an agreement was not reached.
Later on Monday, Ukrainian leader Volodymyr Zelenskyy thanked Mr Trump and said he was “grateful” for the US president’s “readiness to help protect our people’s lives”.
Analysis: Will Trump’s shift in tone make a difference?
As ever, there is confusion and key questions are left unanswered, but Donald Trump’s announcement on Ukraine and Russia today remains hugely significant.
His shift in tone and policy on Ukraine is stark. And his shift in tone (and perhaps policy) on Russia is huge.
After criticising Vladimir Putin’s “desire to drag it out”, he said he appreciated “preparing a new decision on Patriots for Ukraine” – and added Kyiv is “working on major defence agreements with America”.
It comes after weeks of frustration from Mr Trump over Mr Putin’s refusal to agree to an end to the conflict, with the Russian leader telling the US president he would “not back down”from Moscow’s goals in Ukraine at the start of the month.
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Trump threatens Russia with ‘severe’ tariffs’
During the briefing on Monday, Mr Trump said he had held calls with Mr Putin where he would think “that was a nice phone call”, but then “missiles are launched into Kyiv or some other city, and that happens three or four times”.
“I don’t want to say he’s an assassin, but he’s a tough guy,” he added.
After Mr Trump’s briefing, Russian senator Konstantin Kosachev said on Telegram: “If this is all that Trump had in mind to say about Ukraine today, then all the steam has gone out.”
Meanwhile, Mr Zelenskyy met with US special envoy Keith Kellogg in Kyiv, where they “discussed the path to peace” by “strengthening Ukraine’s air defence, joint production, and procurement of defence weapons in collaboration with Europe”.
He thanked both the envoy for the visit and Mr Trump “for the important signals of support and the positive decisions for both our countries”.
As ever, there is confusion and key questions are left unanswered, but Donald Trump’s announcement on Ukraine and Russia today remains hugely significant.
His shift in tone and policy on Ukraine is stark. And his shift in tone (and perhaps policy) on Russia is huge.
Ever since Mr Trump returned to the White House he has flatly refused to side with Ukraine over the Russian invasion.
He has variously blamed Ukraine for the invasion and blamed Joe Biden for the invasion, but has never been willing to accept that Russia is the aggressor and that Ukraine has a legitimate right to defend itself.
Today, all that changed. In a clear signal that he is fed up with Vladimir Putin and now fully recognises the need to help Ukraine defend itself, he announced the US will dramatically increase weapons supplies to Kyiv.
Image: Pic: Reuters
But, in keeping with his transactional nature and in a reflection of the need to keep his isolationist “America-First” base on side, he has framed this policy shift as a multi-billion dollar “deal” in which America gains financially.
American weapons are to be “sold” to NATO partners in Europe who will then either transfer them to Ukraine or use them to bolster their own stockpiles as they transfer their own existing stocks to Kyiv.
“We’ve made a deal today,” the president said in the Oval Office. “We are going to be sending them weapons, and they are paying for them. We are manufacturing, they are going to be paying for it. Our meeting last month was very successful… these are wealthy nations.”
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What will Trump’s weapons deal mean for Ukraine?
This appears to be a clever framing of the “deal”. Firstly, America has always benefited financially by supplying weapons to Ukraine because much of the investment has been in American factories, American jobs and American supply chains.
While the details are not entirely clear, the difference now appears to be that the weapons would be bought by the Europeans or by NATO as an alliance.
The Americans are the biggest contributor to NATO, and so if the alliance is buying the weapons, America too will be paying, in part, for the weapons it is selling.
However, if the weapons are being bought by individual NATO members to replenish their own stocks, then it may be the case that the US is not paying.
NATO officials referred all questions on this issue to the White House, which has not yet provided clarity to Sky News.
It is also not yet clear what type of weapons will be made available and whether it will include offensive, as well defensive, munitions.
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1:49
Will Trump’s deal make a difference?
A key element of the package will likely be Patriot missile batteries, 10 to 15 of which are believed to be currently in Europe.
Under this deal, it is understood that some of them will be added to the six or so batteries believed to be presently in Ukraine. New ones would then be purchased from US manufacturers to backfill European stocks. A similar arrangement may be used for other weapons.
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The president also issued the Russian leader with an ultimatum, saying that Putin had 50 days to make a peace deal or else face 100% “secondary tariffs”. It’s thought this refers to a plan to tariff, or sanction, third countries that supply Russia with weapons and buy Russian oil.
This, the Americans hope, will force those countries to apply pressure on Russia.
But the 50-day kicking of the can down the road also gives Russia space to prevaricate. So, a few words of caution: first, the Russians are masters of prevarication. Second, Trump tends to let deadlines slip. And third, we all know Trump can flip-flop on his position repeatedly.
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‘Trump sides with the Ukrainian cause’
Maybe the most revealing aspect of all this came when a reporter asked Mr Trump: “How far are you willing to go if Putin sends more bombs in the coming days?”
“Don’t ask me questions like that…”
Mr Trump doesn’t really know what to do if Mr Putin continues to take him for a ride.
Mr Biden, before him, supplied Ukraine with the weapons to continue fighting.
If Mr Trump wants to end this, he may need to provide Ukraine with enough weapons to win.
But that would prolong, or even escalate, a war he wants to end now.