Alec Baldwin is to be charged with involuntary manslaughter over the death of cinematographer Halyna Hutchins on the set of the film Rust.
The film’s armourer Hannah Gutierrez-Reed, who was responsible for weapons on set, is also facing the same charge, while assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon.
Hutchinsdied after a prop gun held by Baldwin was discharged during rehearsals for the western film in October 2021. Director Joel Souza was also wounded in the incident on the Bonanza Creek Ranch set in Santa Fe, New Mexico.
Image: Halyna Hutchins’ family have welcomed the decision. Pic: SWEN STUDIOS/Handout via REUTERS
Following the announcement on criminal charges, Baldwin’s attorney said the decision “distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice”, adding: “We will fight these charges, and we will win.”
Hutchins’ family members have welcomed the charges, saying they hope the justice system works to “hold accountable those who break the law”.
“No one is above the law, and everyone deserves justice,” Santa Fe’s district attorney Mary Carmack-Altwies said in a statement as she made the announcement.
Special prosecutor Andrea Reeb added: “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.”
Image: Hannah Gutierrez-Reed was the armourer on set. File pic: Shutterstock
Prosecutors had been granted additional funding of $317,750 (about £282,900) to investigate the high-profile case. The decision on charges comes about three months after they received the final report on the shooting from the Santa Fe sheriff’s office, following a lengthy investigation also involving the FBI.
“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 in her statement.
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1:15
Moment Baldwin hears of Hutchins’ death
Baldwin and Gutierrez-Reed will be “charged in the alternative” with two counts of manslaughter, meaning a jury would decide not just whether or not 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. However, 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. Following the filing, each defendant will be issued a summons to make a first appearance to a court, either in person or virtually.
The first appearance will be followed by a preliminary hearing in front of a judge, for the district attorney and the special prosecutor to present their case. The judge would then rule whether there is probable cause to move forward with a trial. Preliminary hearings are typically scheduled within 60 days of charges being filed.
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.
‘We will fight, and we will win’
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1:20
Police bodycam from Rust film set
In his full statement, Baldwin’s attorney Luke Nikas said: “This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice.
“Mr Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win.”
A lawyer for Gutierrez-Reed said: “Hannah 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.”
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.
‘Conscious disregard for human life’
In the statement issued on behalf of Hutchins’ family, 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.”
The announcement on criminal charges comes three months after Baldwin and the Rust production company reached a settlement for an undisclosed amount with Hutchins’ family 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.
Mr Biden was diagnosed on Friday, with tests revealing the cancer had spread to his bones.
The former president posted an image of himself and his wife Jill on X on Monday and wrote: “Cancer touches us all. Like so many of you, Jill and I have learned that we are strongest in the broken places. Thank you for lifting us up with love and support.”
Image: The King and Joe Biden at Windsor Castle in July 2023. Pic: Reuters
The King’s letter comes after British Prime Minister Sir Keir Starmer said he was “very sorry to hear President Biden has prostate cancer”.
“All the very best to Joe, his wife Jill and their family, and wishing the President swift and successful treatment,” he added.
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Meanwhile US President Donald Trump said he was “saddened” by the news, adding: “We extend our warmest and best wishes to Jill and the family, and we wish Joe a fast and successful recovery.”
Former US president Barack Obama said: “Michelle and I are thinking of the entire Biden family.
“Nobody has done more to find breakthrough treatments for cancer in all its forms than Joe, and I am certain he will fight this challenge with his trademark resolve and grace. We pray for a fast and full recovery.”
Image: Barack Obama (right) with Joe Biden at a campaign event in 2022. File pic: Reuters
After a poor debate performance against Mr Trump and amid escalating concerns around his age and fitness to serve, Mr Biden withdrew from the 2024 presidential election race and endorsed his vice president Kamala Harris.
Ms Harris wrote on X after his diagnosis: “We are keeping him, Dr. Biden, and their entire family in our hearts and prayers during this time.
“Joe is a fighter – and I know he will face this challenge with the same strength, resilience, and optimism that have always defined his life and leadership. We are hopeful for a full and speedy recovery.”
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1:16
Mr Biden’s diagnosis: What we know
Former US president Bill Clinton wrote on social media: “My friend Joe Biden’s always been a fighter. Hillary and I are rooting for him and are keeping him, Jill, and the entire family in our thoughts.”
Hillary Clinton, who unsuccessfully ran for president in 2016, said she was “thinking of the Bidens as they take on cancer, a disease they’ve done so much to try to spare other families from”.
Speaker of the US House of Representatives Mike Johnson said it was “sad news” and his family “will be joining the countless others who are praying” for Mr Biden.
Former House speaker Nancy Pelosi described Mr Biden as a “great American patriot” and said she was “praying for him to have strength and a swift recovery”.
Mr Trump’s secretary of state, Marco Rubio, wrote on social media that he and his wife were “united in prayer for the Biden Family during this difficult time”.
US President Donald Trump said he was “saddened” by the news, adding: “We extend our warmest and best wishes to Jill and the family, and we wish Joe a fast and successful recovery.”
Former US president Barack Obama said: “Michelle and I are thinking of the entire Biden family.
“Nobody has done more to find breakthrough treatments for cancer in all its forms than Joe, and I am certain he will fight this challenge with his trademark resolve and grace. We pray for a fast and full recovery.”
Image: Barack Obama (right) with Joe Biden at a campaign event in 2022. File pic: Reuters
British Prime Minister Sir Keir Starmer said he was “very sorry to hear President Biden has prostate cancer”.
“All the very best to Joe, his wife Jill and their family, and wishing the President swift and successful treatment,” he added.
After a poor debate performance against Mr Trump and amid escalating concerns for his health, Mr Biden withdrew from the 2024 election and endorsed his vice president Kamala Harris.
Ms Harris wrote on X: “We are keeping him, Dr. Biden, and their entire family in our hearts and prayers during this time.
“Joe is a fighter – and I know he will face this challenge with the same strength, resilience, and optimism that have always defined his life and leadership. We are hopeful for a full and speedy recovery.”
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1:16
Mr Biden’s diagnosis: What we know
Former US president Bill Clinton wrote on social media: “My friend Joe Biden’s always been a fighter. Hillary and I are rooting for him and are keeping him, Jill, and the entire family in our thoughts.”
Hillary Clinton, who unsuccessfully ran for president in 2016, said she was “thinking of the Bidens as they take on cancer, a disease they’ve done so much to try to spare other families from”.
Speaker of the US House Of Representatives Mike Johnson said it was “sad news” and his family “will be joining the countless others who are praying” for Mr Biden.
Former House speaker Nancy Pelosi described Mr Biden as a “great American patriot” and said she was “praying for him to have strength and a swift recovery”.
Mr Trump’s secretary of state, Marco Rubio, wrote on social media he and his wife were “united in prayer for the Biden Family during this difficult time”.
Following President Trump’s Middle East trip – which the White House is touting as an unbridled success – Sky News’ Martha Kelner sits down with Barbara Leaf, who was US ambassador to the United Arab Emirates during Trump’s first term and assistant secretary of state for Near Eastern affairs in the Biden administration.
She was also in the team that formed the first formal US presence in Syria after more than a decade.