Hollywood actor Alec Baldwin has been formally charged in New Mexico with involuntary manslaughter over the fatal shooting of a cinematographer on the set of the western film Rust.
Baldwin has vowed to fight the two counts against him, with his lawyer calling the case a “terrible miscarriage of justice”.
A live round killed Halyna Hutchins, 42,after a prop gun held by the 64-year-old star was discharged during rehearsals for the movie in October 2021.
The charges – which could see Baldwin sent to jail for up to five years – would require prosecutors to convince a jury that Baldwin was not just negligent but reckless in his use of a firearm.
Hannah Gutierrez-Reed, who was responsible for weapons on the Rust set, has also been charged with two counts of involuntary manslaughter.
Legal experts have said prosecutors will struggle to win convictions without proof Baldwin and Gutierrez-Reed knew live ammunition was present but took no precautions.
In a statement of probable cause of Hutchins’s death, the Santa Fe District Attorney listed several problems with Baldwin’s conduct.
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They said:
Baldwin was not present for required firearms training
After failing to show up to this training, he received a 30-minute on-set training during which he was distracted talking to his family on the phone
He exhibited “reckless behaviour” in the lead up to Hutchins’s death
He had pointed the firearm at Hutchins in the lead up to the incident violating gun safety rules
Baldwin had not performed the required safety checks with Gutierrez-Reed
He broke protocol by letting Gutierrez-Reed leave the church set
He did not deal with safety complaints on set
He did not use a replica firearm for the unscheduled rehearsal
He allowed the hiring of Gutierrez-Reed, who had worked on just one production before the movie, which showed he “failed to demand the minimum safety standards, protocols, and requirements on set”
The District Attorney also said that on the day of the shooting, there were “no less than a dozen acts, or omissions of recklessness” on the set before the incident, not including the actor’s handling of the gun.
“Baldwin’s deviation from known standards, practice and protocol directly caused the fatal death of Hutchins,” the District Attorney said.
Both Baldwin and Gutierrez-Reed will be required to appear in court – in person or virtually – within 30 days.
The District Attorney and special prosecutor will then present their case to the judge, who will rule whether there is probable cause to move forward with a trial.
Hutchins’s family welcomed the charges when they were announced earlier in January, saying Baldwin showed “conscious disregard for human life”.
Rust assistant director Dave Halls is facing negligent use of a deadly weapon charges. He has pleaded no contest and has entered into a plea agreement that is pending approval.
Industry-wide firearms safety guidelines instruct actors to assume a firearm is loaded with blanks and rely on professional weapons handlers to ensure a weapon is safe.
Actors are told to only point a weapon at a person under the guidance of firearms professionals. Live ammunition is strictly forbidden on sets.
Gutierrez-Reed said she checked the rounds she loaded in the revolver were dummies before handing it to Halls.
Halls handed it to Baldwin, telling him it was a “cold gun” or unloaded, according to police.
Gutierrez-Reed’s lawyer, Jason Bowles, said: “Hannah pleaded to provide more firearms training. She was denied and brushed aside.”
He added: “We will fight these charges and expect that a jury will find Hannah not guilty.”
The decision on charges was made 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.
The sheriff’s office investigation has yet to reveal how live ammunition got onto the set.
The US Supreme Court has rejected a last-ditch attempt by Donald Trump to delay sentencing in the Stormy Daniels hush money case.
The president-elect was convicted on 34 counts last May in New York of falsifying business records relating to payments made to Ms Daniels before the 2016 presidential election.
Prosecutors claimed he had paid her $130,000 (£105,300) in hush money to not reveal details of what Ms Daniels said was a sexual relationship in 2006.
Mr Trump has denied any liaison with Ms Daniels or any wrongdoing.
By a majority, the Supreme Court found his sentencing would not be an insurmountable burden during the presidential transition since the presiding judge, Juan M Merchan, has indicated he will not give Mr Trump jail time, fines or probation.
Mr Trump’s attorneys argued that evidence used in the Manhattan trial violated last summer’s Supreme Court ruling giving Mr Trump broad immunity from prosecution over acts he took as president.
At the least, they said, the sentencing should be delayed while their appeals play out to avoid distracting Mr Trump during the presidential transition.
Mr Trump’s attorneys went to the justices after New York courts refused to postpone sentencing.
Judges in New York found that the convictions related to personal matters rather than Mr Trump’s official acts as president.
Mr Trump’s attorneys called the case politically motivated, and they said sentencing him now would be a “grave injustice” that threatens to disrupt the presidential transition as the Republican prepares to return to the White House.
Mr Trump has said he will appeal again: “I respect the court’s opinion – I think it was actually a very good opinion for us because you saw what they said, but they invited the appeal and the appeal is on the bigger issue. So, we’ll see how it works out,” he said at a dinner with Republican governors at his private club in Florida.
Because the New York case was a state, rather than federal crime, Mr Trump will not be able to pardon himself when he takes office on 20 January.
Hollywood celebrities are among thousands of people who have been evacuated in Los Angeles, some fleeing homes now burned to the ground.
Paris Hilton and actor Billy Crystal have both lost their houses as fires rip through parts of California, including exclusive suburbs home to film stars and billionaires.
Oscar-winning songwriter Diane Warren, talk show host Ricki Lake, actor Cary Elwes, and reality stars Spencer Pratt and Heidi Montag have also confirmed their homes have been destroyed.
US media is reporting that Eugene Levy, and Adam Brody and Leighton Meester, have lost their homes. The stars are yet to confirm this.
Sky News’ US correspondent Martha Kelner reported that Tom Hanks, Ben Affleck and Reese Witherspoon were among those evacuated.
The blaze in Pacific Palisades, a hillside area between Santa Monica and Malibu dotted with celebrity homes, is one of at least five raging in California.
Thousands of firefighters are trying to contain the flames, with a new fire breaking out overnight in the Hollywood Hills, threatening a host of tourist sites including the Walk Of Fame.
‘The loss is overwhelming’
Hilton said she was “heartbroken beyond words” to see her Malibu home, where she has brought up her young children Phoenix and London, “burn to the ground on live TV”.
In a post on social media, she said: “This home was where we built so many precious memories. It’s where Phoenix took his first steps and where we dreamed of building a lifetime of memories with London.
“While the loss is overwhelming, I’m holding onto gratitude that my family and pets are safe.”
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In a joint statement, US actor Crystal, known for films including When Harry Met Sally and Analyze This, and his wife Janice confirmed their home of 46 years was gone.
“Words cannot describe the enormity of the devastation we are witnessing and experiencing,” the couple said.
They added: “We raised our children and grandchildren here. Every inch of our house was filled with love. Beautiful memories that can’t be taken away.”
The Hills stars Pratt and Montag documented the escalation of the fire at their home on Snapchat, with Pratt saying: “I’m watching our house burn down on the security cameras.”
“I talked to my neighbour last night and she told me that [Palisades Charter High School] had burnt down, and that’s directly behind me, and so had Gelson’s Supermarket which is adjacent,” she said.
“I just can’t reach anyone to see if my house is okay. I just Googled it and it said that it’s destroyed and terrible… I don’t know if my house is there.”
Jamie Lee Curtis confirmed her home was safe but said “our beloved neighbourhood is gone” as she shared videos of the blaze on her Instagram.
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Writer and actor Steve Guttenberg told Sky News he witnessed panic attacks and despair as he tried to help residents as the flames closed in.
The Police Academy star said: “There were mothers trying to find their kids.
“There were panic attacks. It was terrible. And that’s when the fires just lit up.”
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8:50
Guttenberg calls on national guard
Other celebrities who have fled their properties include the award-winning actor James Woods, who said 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 on Wednesday 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 with her children and pets, saying on Instagram they had 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, Matt Damon, Steven Spielberg, Hilary Swank and Sally Field all have homes close to where fires are raging.
Dr Dre, 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 nearly 16,000 acres of land, while the Eaton fire, covering over 10,000 acres, has caused the death of five people.
Three other fires, the Hurst fire, Lidia fire and Sunset fire, are all raging as emergency services battle to bring them under control.