Alec Baldwin has vowed to fight two charges of involuntary manslaughter over a fatal shooting on set, with his lawyer calling the case a “terrible miscarriage of justice”.
Cinematographer Halyna Hutchins, 42,died after a prop gun held by Baldwin, 64, was discharged during rehearsals for the western film Rust in October 2021.
The Hutchins’ family have welcomed the charges, saying Baldwin showed “conscious disregard for human life”.
The film’s armourer, Hannah Gutierrez-Reed, who was responsible for weapons on set, has also been charged with two charges of involuntary manslaughter.
Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon.
Director Joel Souza was also wounded in the incident on the Bonanza Creek Ranch set in Santa Fe, New Mexico.
Luke Nikas, Baldwin’s lawyer, said the charges “distort Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice”.
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“Mr Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set,” Mr Nikas said.
“He relied on the professionals with whom he worked, who assured him the gun did not have live rounds.”
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He added: “We will fight these charges, and we will win.”
A lawyer for Gutierrez-Reed said that she “is, and has always been, very emotional and sad about this tragic accident. But she did not commit involuntary manslaughter.
“These charges are the result of a very flawed investigation, and an inaccurate understanding of the full facts.
“We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury.”
Hutchins’ family said they hoped the justice system works to “hold accountable those who break the law”.
In the statement issued on their behalf, lawyer Brian J Panish said: “We want to thank the Santa Fe sheriff and the district attorney for concluding their thorough investigation and determining that charges for involuntary manslaughter are warranted for the killing of Halyna Hutchins with conscious disregard for human life.
“Our independent investigation also supports charges are warranted. It is a comfort to the family that, in New Mexico, no one is above the law.
“We support the charges, will fully cooperate with this prosecution, and fervently hope the justice system works to protect the public and hold accountable those who break the law.”
‘A pattern of criminal disregard for safety’
Prosecutors had been given extra funding of $317,750 (about £282,900) to investigate the high-profile case.
The decision on charges comes about three months after prosecutors received the final report on the shooting from the Santa Fe sheriff’s office, following a lengthy investigation also involving the FBI.
Special prosecutor Andrea Reeb said: “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.”
“The evidence clearly shows a pattern of criminal disregard for safety on the Rust film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously,” Ms Reeb said.
Santa Fe’s district attorney Mary Carmack-Altwies, making the announcement of the charges, said: “No one is above the law, and everyone deserves justice.”
The first sign of criminal reckoning
It has taken more than a year since Halyna Hutchins’ death for these charges to be announced, but for her family and friends it represents a step towards accountability.
I have spoken to several people who worked on the film set, who made complaints at the time about what one individual described as a “total disregard” for the welfare and safety of cast and crew.
There have been a number of civil lawsuits and counter-suits filed as the blame and counter-blame game has played out. But this is the first sign of any criminal reckoning.
Baldwin and the Rust production company reached a civil settlement for an undisclosed amount with Hutchins’ family in October after a wrongful death lawsuit filed by her husband Matthew, and announced that production of the film would resume this year.
A number of other lawsuits have also been filed in relation to the shooting.
What happens now?
Baldwin and Gutierrez-Reed will be “charged in the alternative” with two counts of manslaughter, meaning a jury would decide not just whether they are guilty, but under which definition of involuntary manslaughter they are guilty or not guilty.
The first charge can be referred to simply as involuntary manslaughter, prosecutors said, and for this to be proved there must be underlying negligence.
Under New Mexico law, involuntary manslaughter is a fourth-degree felony punishable by up to 18 months in jail and a $5,000 fine (about £4,040). This charge also includes the misdemeanour charge of negligent use of a firearm.
The other charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved.
This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5,000 fine.
Prosecutors said the charge includes an added penalty – because a firearm was involved – which makes the crime punishable by a mandatory five years in jail.
Ms Carmack-Altwies and Ms Reeb will formally file charges before the end of January.
Prosecutors said no charges will be filed in relation to Souza’s injuries.
Confirming details of Halls’ plea agreement, they said the terms include a suspended sentence and six months of probation.
It was the first time a US president had been convicted of or charged with a criminal offence.
Trump had tried to cover up “hush money” payments to a porn star in the days before the 2016 election.
When Stormy Daniels‘ claimsof a sexual liaison threatened to upend his presidential campaign, Trump directed his lawyer to pay $130,000 (£102,000) to keep her quiet.
The payment buried the story and he later won the presidency.
Trump denied the charges and said the case was politically motivated. He also denied the sexual encounter took place.
New York State Supreme Court Justice Juan Merchan today delayed the sentencing, which had been due to take place on Tuesday.
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The office of district attorney Alvin Bragg had asked the judge to postpone all proceedings until Trump finishes his four-year presidency, which starts on 20 January.
Trump’s lawyers say the case should be dismissed because it will create “unconstitutional impediments” to his ability to govern.
Responding to Friday’s decision, a Trump campaign spokesman said: “The American People have issued a mandate to return him to office and dispose of all remnants of the Witch Hunt cases.”
The judge set a 2 December deadline for Trump’s lawyers to file their motion, while prosecutors have until 9 December to respond.
He did not set a new date for sentencing or indicate when he would rule on any motion to throw out the case.
Even before Trump’s win in this month’s election, experts said a jail term was unlikely and a fine or probation more probable.
But his resounding victory over Kamala Harris made the prospect of time behind bars or probation even less likely.
Trump, 78, was also charged last year in three other cases.
One involved him keeping classified documents after he left office and the other two centre on alleged efforts to overturn his 2020 election loss.
A Florida judge dismissed the documents case in July, the Georgia election case is in limbo, and the Justice Department is expected to wind down the federal election case as it has a policy of not prosecuting a sitting president.
Trump last week nominated his lawyers in the hush money case, Todd Blanche and Emil Bove, for senior roles in the Justice department.
When he re-enters the White House, Trump will also have the power to shut down the Georgia and New York cases.
Donald Trump has pledged for years to surround himself with ultra-loyalists who can mould his government to his vision without barriers.
That’s precisely why he picked Matt Gaetz. Now he’s out, Pam Bondi is in and she’s equally loyal.
Gaetz was uniquely unpopular on Capitol Hill but ultra-MAGA and ultra-loyal to the president-elect.
He was chosen by the president-elect to do his bidding inside the Justice Department as attorney general.
Critics called his pick “a red alert moment for democracy” and the man a “gonzo agent of chaos” – language that would surely only affirm Trump’s decision in his own proudly disruptive mind.
If it wasn’t for the fact that the president-elect is himself a convicted felon, and a man found liable in a civil court of his own sexual offences, the prospect of Gaetz, with all his baggage, making it through the nomination process would have seemed remote.
But Donald Trump’s return to the White House suggested anything is possible.
And so, beyond his loyalty, Gaetz was Trump’s test for his foot soldiers on Capitol Hill. How loyal were they? Would they wave through anyone he appointed?
It turns out that Gaetz, and the storm around his private life, was too much for a proportion of them.
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At least five Senate Republicans were flatly against Matt Gaetz’s confirmation. We understand that they communicated to other senators and those close to Trump that they were unlikely to be swayed.
They included the Republican old guard like Senator Mitch McConnell.
Beyond the hard “no” senators, there were between 20 and 30 other Republicans who were very uncomfortable about having to vote for Gaetz on the Senate floor.
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2:23
Trump pick Matt Gaetz withdraws
The key question is whether Gaetz was Trump’s intentional wild card crazy choice that he knew, deep down, would probably never fly.
Was Gaetz the candidate he had accepted would be vetoed by senators – who would then feel compelled to wave the rest of his nominees through?
Will Pete Hegseth’s alleged sexual impropriety concern them as they consider the suitability of the former Fox News host and army major to run the Department of Defence?
What about Tulsi Gabbard, the candidate Russian state TV calls ‘our girl’, and the appropriateness of her running America’s intelligence agencies?
These are all appointments that the politicians on Capitol Hill must consider and confirm in the weeks ahead.
We don’t yet know who Trump will choose to direct the FBI.
There are some names being floated which will make the establishment of Washington shudder but then that’s precisely why Trump was elected. He is the disrupter. He said so at every rally, on repeat.
He was quick to pivot to another name to replace Gaetz.
Bondi is the former attorney general of Florida. Professionally she is in a different league to Gaetz. She’s been a tough prosecutor, with a no-nonsense reputation.
She is also among the most loyal of loyalists. Her attachment to Trump stretches way back.
I first came across her in Philadelphia in November 2020 when she was among Trump surrogates claiming the election back then had been stolen from them by Joe Bidenand the Democrats.
She was a key proponent of the false claims the election had been rigged and Trump was the rightful winner.
The court cases concluding that was all nonsense didn’t seem to convince her.
Now she is poised to head up the Department of Justice as the country’s top law enforcement official.
Within hours of taking office, president-elect Donald Trump plans to begin rolling out policies including large-scale deportations, according to his transition team.
Sky News partner network NBC News has spoken with more than half a dozen people familiar with the executive orders that his team plans to enact.
One campaign official said changes are expected at a pace that is “like nothing you’ve seen in history”, to signal a dramatic break from President Joe Biden’s administration.
Mr Trump is preparing on day one to overturn specific policies put in place by Mr Biden. Among the measures, reported by sources close to the transition team, are:
• The speedy and large-scale deportations of illegal immigrants
• Ending travel reimbursement for military members seeking abortion care
• Restricting transgender service members’ access to gender-affirming care
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But much of the first day is likely to focus on stopping illegal immigration – the centrepiece of Trump’s candidacy. He is expected to sign up to five executive orders aimed at dealing with that issue alone after he is sworn in on 20 January.
“There will without question be a lot of movement quickly, likely day one, on the immigration front,” a top Trump ally said.
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“There will be a push to make a huge early show and assert himself to show his campaign promises were not hollow.”
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2:23
Donald Trump ally Matt Gaetz has withdrawn his name from consideration to be the next US attorney general.
But Mr Trump’s campaign pledges also could be difficult to implement.
Deporting people on the scale he wants will be a logistical challenge that could take years. Questions also remain about promised tax cuts.
Meanwhile, his pledge to end the war between Russia and Ukraine in just 24 hours would be near impossible.
Even so, advisers based at Mr Trump’s Mar-a-Lago resort or at nearby offices in West Palm Beach, Florida, are reportedly strategising about ending the wars in Ukraine and the Middle East.
Following his decisive victory on 5 November, the president-elect has moved swiftly to build a cabinet and senior White House team.
As of Thursday, he had selected more than 30 people for senior positions in his administration, compared with just three at a similar point in his 2016 transition.
Stephen Moore, a senior economic adviser in Mr Trump’s campaign, told NBC News: “The thing to realise is Trump is no dummy.
“He knows he’s got two to three years at most to get anything done. And then he becomes a lame duck and we start talking about [the presidential election in] 2028.”