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.
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.”
Paris Hilton says her “heart has shattered into a million pieces,” after visiting the charred remains of her Malibu beach house which has been destroyed in wildfires sweeping LA.
Describing herself on Instagram as “in complete shock,” the hotel heiress said seeing her family memories “reduced to ashes” was “devastating”.
Meanwhile, Mel Gibson has said the loss of his family home and all his belongings in the fire was “emotional”. It burned down while he was recording the Joe Rogan Experience in Texas.
At least 10 people have been killed in the blazes, which have been burning for four days, forcing 179,000 to evacuate their homes. Tens of thousands of acres of land still burning.
The fires affected multiple celebrities, as the fires have ripped through exclusive suburbs in southern California, home to film stars and billionaires.
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Celebrities’ homes have burned down in the LA fires
Hilton, 43, said she watched her home burn to the ground on TV – and shared a video on social media from inside her gutted home.
She said she was grateful to be safe along with her husband Carter Reum and their two children, Phoenix and London, but was devastated to have lost her family home.
She wrote on Instagram: “I’m standing here in what used to be our home, and the heartbreak is truly indescribable.
“When I first saw the news, I was in complete shock – I couldn’t process it. But now, standing here and seeing it with my own eyes, it feels like my heart has shattered into a million pieces.”
She has lived in the multi-million-pound property for three years.
Hilton added: “This house wasn’t just a place to live – it was where we dreamed, laughed, and created the most beautiful memories as a family.
“It was where [son] Phoenix’s little hands made art that I’ll cherish forever, where love and life filled every corner. To see it reduced to ashes… it’s devastating beyond words.
“What breaks my heart even more is knowing that this isn’t just my story. So many people have lost everything. It’s not just walls and roofs – it’s the memories that made those houses homes. It’s the photos, the keepsakes, the irreplaceable pieces of our lives.”
She described herself as “incredibly lucky,” adding: “My loved ones, my babies, and my pets are safe. That’s the most important thing”.
She thanked the firefighters, first responders and volunteers who she said were “all risking their lives” to help, adding “Even in the ashes, there is still beauty in this world”.
‘When I got home, it wasn’t there’
Braveheart star Mel Gibson, who was away when the fires began, told NewsNation’s Elizabeth Vargas Reports that the home he had lived in for over a decade had burned while he was appearing on an episode of the Joe Rogan podcast.
The 69-year-old actor said it was “emotional” to know all his belongings have been lost, but he was doing his best to stay positive.
He said he felt “relieved from the burden of my stuff, because it’s all in cinders”.
Gibson, who lived in his Hollywood home with his partner Rosalind Ross and their seven-year-old son Lars, described finding out about the loss of his house.
“I was doing the Rogan podcast… And [I was] kind of ill at ease while we were talking, because I knew my neighbourhood was on fire, so I thought, I wonder if my place is still there.
“But when I got home, sure enough, it wasn’t there. I went home and I said to myself, well, at least I haven’t got any of those pesky plumbing problems anymore.”
He said the family’s pet chickens had survived the blaze, and while many “personal things from over the years” had been lost, the important things were still there.
“These are only things. And the good news is that those in my family and those I love are all well, and we’re all happy and healthy and out of harm’s way, that’s all I can care about, really.”
The ancestral home of Big Lebowski actor Jeff Bridges is also understood to have been destroyed.
The four-bedroom home, which had been in the Bridges family for generations, had been inherited by Bridges and his two siblings in 2018 according to the Los Angeles Times.
Tina Knowles, the mother of singer Beyonce, has also lost a house she owned in Malibu to the fires.
She shared a short video of dolphins playing in the sea on Instagram, writing: “This is what I was looking at on my birthday this past weekend from my tiny little bungalow on the water in Malibu! It was my favorite place, my sanctuary, my sacred Happy Place. Now it is gone!!”
She went on to thank the fire department and first responders and offered condolences to others affected by the fires.
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Take That star Mark Owen and his family were evacuated from their home, with his wife Emma Ferguson describing them waking to “helicopters, thick black smoke and winds howling”.
She said while she was grateful her family was safe, it was “exhausting” to be “constantly looking online to see if your house is gone.”
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Steve Guttenberg: ‘I’ve seen such tragedy’
Actor Steve Guttenberg, best known for his role in the Police Academy film franchise, has called the fires “absolutely the worst” he’s ever seen, and has been doing what he can to help distressed residents.
Other stars to have lost their homes in the fires include Billy Crystal, Miles Teller, Diane Waren, Ricki Lake, Cary Elwes, Milo Ventimiglia, Anna Faris, Adam Brody and Leighton Meester, Spencer Pratt and Heidi Montag.
On Friday, the Recording Academy, which runs the Grammy Awards, and charity MusiCares have pledged $1m (£813,000) to support music artists impacted by the fires.
Actress Jamie Lee Curtis has pledged the same amount to fire relief efforts from her family foundation.
Alec Baldwin has filed a lawsuit against prosecutors who pursued a criminal charge against him after the death of cinematographer Halyna Hutchins on the set of Rust.
The Hollywood actor, who was the lead actor and co-producer of the Western film, was pointing a gun at Ms Hutchins when it fired in October 2021.
The cinematographer was killed and director Joel Souza was wounded.
Baldwin, 66, was accused of involuntary manslaughter but his trial was upended in July when a judge threw the case out based on the misconduct of police and prosecutors over the withholding of ammunition evidence from the defence.
He has now filed a lawsuit for malicious prosecution and civil rights violations against those involved in pursuing the charge.
The lawsuit alleges that prosecutors intentionally concealed evidence that would absolve Baldwin from blame and “sought at every turn to scapegoat” him to “maliciously bring about or advance” the actor’s trial and conviction.
It claims the defendants, which include special prosecutor Kari Morrissey and Santa Fe district attorney Mary Carmack-Altwies, were “blinded by their desire to convict Baldwin for all the wrong reasons”.
In a statement, Ms Morrissey said: “In October 2023 the prosecution team became aware that Mr Baldwin intended to file a retaliatory civil lawsuit.
“We look forward to our day in court.”
Representatives for Ms Carmack-Altwies have been contacted for comment.
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From July 2024: Special prosecutor Kari Morrissey accused of calling Baldwin a ‘c*********’
Baldwin’s lawsuit has been filed less than a month after Ms Morrissey withdrew an appeal over the court’s decision to dismiss the involuntary manslaughter charge against the actor.
After the lawsuit was filed, Baldwin’s lawyers Luke Nikas and Alex Spiro said in a joint statement: “Criminal prosecutions are supposed to be about the search for truth and justice, not to pursue personal or political gain or harass the innocent.
“Kari Morrissey and the other defendants violated that basic principle, over and over, and trampled on Alec Baldwin’s rights.
“We bring this action to hold the defendants accountable for their misconduct and to prevent them from doing this to anyone else.”
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From November 2024: Tributes paid to Halyna Hutchins at Rust premiere
Baldwin had always denied the charge of involuntary manslaughter, maintaining he did not pull the gun’s trigger and that others on the set in New Mexico were responsible for safety checks on the weapon.
If he had been convicted, he could have faced up to 18 months in prison.
According to the prosecution, the actor had behaved recklessly during a scene rehearsal on the set near Santa Fe, playing “make believe with a real gun” and violating “the cardinal rules of firearm safety”.
Baldwin’s defence team argued this was not true – saying he was “an actor, acting” and “committed no crime”.
Following repeated suggestions from defence lawyer Alex Spiro that evidence had been concealed, in an unusual move, Ms Morrissey called herself to the witness stand during the trial, despite the judge telling her she was not required to do so.
Mr Spiro told the court that she had referred to the actor as a “c*********” and an “arrogant p****” to witnesses. Ms Morrissey said she did not recall this.
Hollywood celebrities are among thousands of people to have been evacuated from their homes as fires rip through areas of Los Angeles.
Sky News’ US correspondent Martha Kelner reported that Tom Hanks, Ben Affleck and Reese Witherspoon were all evacuated on Tuesday as wildfires continued to spread in the Pacific Palisades suburb of LA.
The area, which is home to billionaires as well as Hollywood A-listers, is located between Santa Monica and Malibu.
Other celebrities who have fled their homes include the award-winning actor James Woods, who said last night he had been safely evacuated from his home in Pacific Palisades.
But he added in a post on X: “I do not know at this moment if our home is still standing.”
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Actor Mark Hamill, best known for playing Luke Skywalker in the Star Wars films, also posted on social media last night saying he evacuated his home in Malibu and his family were “fleeing for our lives”.
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This Is Us actress Mandy Moore was also forced to leave her home due to the fires.
She said in two Instagram stories she had fled the Eaton fire, which is raging near Altadena, with her children, cats and dog. They have found temporary refuge with friends.
The actress said: “Trying to shield the kids from the immense sadness and worry I feel.
“Praying for everyone in our beautiful city. So gutted for the destruction and loss. Don’t know if our place made it.”
According to Velvet Ropes, which maps celebrity properties, Tom Hanks and Rita Wilson, Matt Damon, Steven Spielberg, Hilary Swank and Sally Field all have homes close to where fires are raging.
Dr Dre, Adam Brody and Leighton Meester, Tyra Banks, Martin Short, Anna Faris, Milo Ventimiglia, Linda Cardellini, Mary McDonnell, Adam Sandler, Miles Teller, and Jennifer Love Hewitt are also said to have houses in affected areas.
In neighbouring Malibu, which was also affected by fires in December, stars including Beyonce and Jay-Z, Kim Kardashian, Lady Gaga and Billie Eilish are said to be among the celebrity residents.
The Palisades blaze has already burnt through more than 11,000 acres of land while the Eaton one has caused the death of two people, Los Angeles County fire chief Anthony Marrone said on Wednesday.
The two other fires are known as Woodley and Hurst, after the main areas affected.
All four blazes are still growing, Mr Marrone said.