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.”
Until five weeks ago, Arturo Suarez was a professional singer, performing in the United States as he waited for his asylum claim to be processed.
Originally from Venezuela, he had entered the US through proper, legal channels.
But he is now imprisoned in a notorious jail in El Salvador, sent there by the Trump administration, despite seemingly never having faced trial or committed any crime. The White House claims he is a gang member but has not provided evidence to support this allegation.
His brother, Nelson Suarez, told Sky News he believes his brother’s only “crime” is being Venezuelan and having tattoos.
Image: Arturo Suarez, in a music video, is now in a notorious prison in El Salvador
“He is not a gang member,” Nelson says, adamantly, “I’ve come to the conclusion that it has to be because of the tattoos. If you don’t have a criminal record, you haven’t committed any crime in the United States, what other reason could there be? Because you’re Venezuelan?”
Arturo, 34, was recording a music video inside a house in March when he was arrested by immigration agents.
He was first taken to a deportation centre in El Paso, Texas, and then, it appears, put on to a military flight to El Salvador.
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Image: Nelson Suarez insists his brother Arturo is not a gang member
His family have not heard from him since. Lawyers and immigrant rights groups have been unable to make contact with any of the more than 200 Venezuelan men sent to the CECOT prison, which holds members of the MS-13 and Tren de Aragua gangs.
Tattoo clue to Arturo Suarez’s whereabouts
Nelson learned his brother is – most likely – in CECOT only because of a photograph he spotted on a news website of a group of inmates, with their hands and feet cuffed, heads shaved and bodies shackled together.
Image: A group of inmates are processed to be imprisoned in the CECOT jail in EL Salvador. Pic: Reuters
Image: Nelson Suarez believes this is his brother Arturo Suarez due to his distinctive hummingbird tattoo. Pic: Reuters
“You can see the hummingbird tattoo on his neck,” Nelson says, pointing to the picture. He says Arturo wanted a hummingbird in memory of their late mother. Arturo has 33 tattoos in total, including a piano, poems and verses from the Bible.
It could be that one, or more, of those tattoos landed him at the centre of President Trump’s anti-immigration showpiece. Nelson shows me documents which indicate that Arturo did not have a criminal record in Venezuela, Chile, Colombia or the United States, the four countries he has lived in.
Sky News contacted the White House, the Department of Homeland Security (DHS), and Immigration and Customs Enforcement (ICE) for a response to Arturo’s case but have not heard back.
In March, Donald Trump signed the Alien Enemies Act, a law from 1798 which has been invoked just three times before, in wartime.
It allows the president to detain and deport immigrants living legally in the US if they are from countries deemed “enemies” of the government. In this instance, Mr Trump claimed the Venezuelan gang Tren de Aragua had “infiltrated the United States” and was “conducting irregular warfare”.
Image: Alleged gang members imprisoned in the CECOT jail in El Salvador. Pic: Reuters
Gang symbol tattoos
Immigration officials have centred on certain tattoos being gang symbols. Immigration officers were provided with a document called the “Alien Enemy Validation Guide”, according to a court filing from the American Civil Liberties Union. The document provides a point-based system to determine if an immigrant in custody “may be validated” as a gang member.
Migrants who score six points and higher may be designated as members of the Tren de Aragua gang, according to the document. Tattoos which fall under a “symbolism” category score four points and social media posts “displaying” gang symbols are two points. Tattoos considered suspicious, according to the document, include crowns, stars and the Michael Jordan Jumpman logo.
Jerce Reyes Barrios’s story
Another of the men sent to CECOT prison is 36-year-old Jerce Reyes Barrios, who fled Venezuela last year after marching in anti-government protests. He is a former footballer and football coach.
His lawyer, Linette Tobin, told Sky News that Reyes Barrios entered the US legally after waiting in Mexico for four months for an immigration appointment and then presenting himself at the border.
Image: Jerce Reyes Barrios
She says he was detained in a maximum security prison in the US while awaiting his asylum appointment. But before that appointment happened, he was flown to the El Salvador prison.
Ms Tobin says the DHS deported Reyes Barrios because they designated him a Tren De Aragua gang member based on two pieces of evidence.
The first, she says, is a tattoo of the Real Madrid football team logo surrounded by rosary beads. She has since obtained a declaration from the tattoo artist stating that Reyes Barrios just wanted an image which depicted his favourite team.
Image: Jerce Reyes Barrios’s lawyer says he has a tattoo of the Real Madrid logo surrounded by rosary beads
The second piece of evidence, she says, is a photograph, which she shows me, of Reyes Barrios in a hot tub with friends when he was a college student 13 years ago.
He is making a gesture which could be interpreted as “rock and roll”, but which she says has been interpreted as a gang symbol.
Image: Lawyer Linette Tobin says this gesture has been interpreted as a gang symbol
Distraught family in despair
Reyes Barrios has no criminal record in his home country. “I’ve never known anything like this,” Ms Tobin says.
“My client was deported to a third country and we have no way of getting in touch with him. His family are distraught and in despair, they cry a lot, not knowing what is going on with him. We want him returned to the United States to have a hearing and due process.”
Ms Tobin says she and other lawyers representing men sent to the El Salvador prison are trying to establish a UN working group on enforced disappearances to do a wellness check on them because the prison is completely “incommunicado”.
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17 March: US migrants deported to El Salvador
Sky News contacted the DHS for comment about Reyes Barrios’s case but did not receive a response. The DHS previously issued a statement declaring that “DHS intelligence assessments go well beyond just gang-affiliated tattoos. This man’s own social media indicates he is a member of Tren de Aragua”.
Reyes Barrios has an immigration hearing scheduled for 17 April, Ms Tobin says, which the Trump administration is trying to dismiss on the grounds that he is not in the US anymore.
In the meantime, children he used to coach football for in his hometown of Machiques in Venezuela have been holding a prayer vigil for him and calling for his release.
The secretary of the DHS, Kristi Noem, visited CECOT last month and posed for photos standing in front of inmates behind bars.
Image: Department of Homeland Security secretary Kristi Noem visited CECOT in March. Pic: Reuters
“Do not come to our country illegally,” she said, “you will be removed, and you will be prosecuted.” Donald Trump had promised during his election campaign to clamp down on immigration, railing against undocumented immigrants and claiming immigrants are “poisoning the blood of our country”.
I ask Arturo Suarez’s brother, Nelson, how he felt watching Ms Noem posing in the prison, knowing that his brother might be close by.
“I feel bad,” he says, “I feel horrible, because in those images we only see criminals. With my brother, I feel it is more a political issue. They needed numbers, they said, these are the numbers, and now, let’s throw them to the lions.”
Image: Kilmar Abrego Garcia. Pic: AP
Kilmar Abrego Garcia’s story
The Trump administration has admitted that at least one man sent to the El Salvador jail was sent by “administrative error”. Kilmar Abrego Garcia, who was living in Maryland, was sent to CECOT despite a judge’s earlier ruling in 2019 that granted him legal protection to stay in the US.
The White House has alleged Garcia is an MS-13 gang member, but his lawyers argued there is no evidence to prove this.
A federal judge has ordered Garcia must be returned to the US by Monday 7 April. In a post on X, White House deputy chief of staff Stephen Miller referred to the judge as a “Marxist”, who “now thinks she’s president of El Salvador”.
White House press secretary Karoline Leavitt said: “We suggest the judge contact President Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador.”
International stock markets have fallen dramatically overnight amid fears of a global trade war following Donald Trump’s sweeping tariffs, which he called “medicine”.
Japan’s Nikkei 225 stock index dived nearly 8%, Australia’s S&P/ASX 200 fell more than 6%, and South Korea’s Kospi lost 4.4%.
Meanwhile US stock market futures signalled further weaknesses, with the future for the S&P 500 losing 4.2% and the Dow Jones Industrial Average falling 3.5%, while the future for the Nasdaq lost 5.3%.
Mr Trump warned foreign governments would have to pay “a lot of money” to lift his tariffs, which he described as “medicine”.
“I don’t want anything to go down. But sometimes you have to take medicine to fix something,” he said on Air Force One.
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The US president said he had spoken to leaders from Europe and Asia over the weekend who had hoped to convince him to lower the tariffs, which are due to come into effect this week.
“I spoke to a lot of leaders, European, Asian, from all over the world,” Mr Trump said. “They’re dying to make a deal. And I said, we’re not going to have deficits with your country. We’re not going to do that because to me, a deficit is a loss. We’re going to have surpluses or, at worst, going to be breaking even.”
Mr Trump, who spent much of the weekend playing golf in Florida, posted on his Truth Social platform: “WE WILL WIN. HANG TOUGH, it won’t be easy.”
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1:04
Trump’s tariffs: What you need to know
On Saturday, US customs agents began collecting Mr Trump’s unilateral 10% tariffs on all imports from many countries.
Higher “reciprocal” tariffs of between 11% and 50% on individual countries are due to come into effect on Wednesday.
Mr Trump’s tariff announcements have jolted economies around the world, triggering retaliatory levies from China and sparking fears of a global trade war and recession.
Investors and political leaders have struggled to determine whether the tariffs are here to stay, or are part of a permanent new regime or a negotiating tactic to win concessions from other countries.
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1:33
Is it time to change tactics with Trump?
It comes after Sir Keir Starmer promised “bold changes” as he announced he will relax rules around electric vehicles after carmakers were hit by Mr Trump’s tariffs.
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2:53
‘Nothing off the table’ over tariffs
Meanwhile, KPMG warned US tariffs on UK exports could see GDP growth fall to 0.8% in 2025 and 2026.
The accountancy firm said higher tariffs on specific categories, such as cars, aluminium and steel, would more than offset the exemption on pharmaceutical exports, leaving the effective tariffs imposed on UK exports at around 12%.
Yael Selfin, chief economist at KPMG UK, said: “Given the economic impact that tariffs would cause, there is a strong incentive to seek a negotiated settlement that diminishes the need for tariffs. The UK automotive manufacturing sector is particularly exposed given the complex supply chains of some producers.”
On Day 77, US correspondents Mark Stone and David Blevins answer your questions on everything from Trump’s “Liberation Day” tariffs and their impact on American consumers, to Trump’s relationship with Putin and if they have plans for the Arctic, and penguins.
If you’ve got a question you’d like Mark, Martha, and James to answer, you can email it to trump100@sky.uk.
Don’t forget, you can also watch all episodes on our YouTube channel.