Alec Baldwin’s charges reduced over Rust shooting
Alec Baldwin no longer faces the possibility of five years in prison after prosecutors dropped part of the charges being levelled at him for his part in a fatal film set shooting – but he still could be jailed for a lesser time.
Baldwin was charged with two counts of involuntary manslaughter over the death of cinematographer Halyna Hutchins on the set of the film Rust in October 2021.
Baldwin, 64, is due to make his first appearance in a US court on Friday.
The first charge facing Baldwin – involuntary manslaughter – requires proof of underlying negligence.
The second charge – involuntary manslaughter in the commission of a lawful act – requires proof that there was more than simple negligence involved in a death, and includes a firearm enhancement, which makes the crime punishable by a mandatory five years in prison.
This second charge has now been removed, reducing the possible prison sentence Baldwin faces from a minimum of five years to a maximum of 18 months.
The actor-producer’s legal team had objected to the enhancement, saying it was unconstitutional because it only became law after the October 2021 shooting.
“In order to avoid further litigious distractions by Mr Baldwin and his attorneys, the district attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the Rust film set,” Heather Brewer, a spokesperson for the New Mexico First Judicial District Attorney, said in a statement.
A lawyer for Baldwin did not immediately respond to a request for comment.
The second charge was also dropped against Hannah Gutierrez-Reed, who was responsible for weapons on the set. Her attorney said they “applaud” the decision.
Alec Baldwin pictured on set following the tragedy. Pic: Sante Fe Police
Baldwin’s legal fight
Baldwin’s case is remarkable in that there is little or no precedent for a Hollywood actor to face criminal charges for an on-set shooting.
And it isn’t the first time Baldwin’s team has fought the charges against him, first filing to disqualify the special prosecutor on the Rust case, due to, what they call, her “unconstitutional” role as a politician.
Last year, Andrea Reeb was brought in to assist on the case, and in November she was elected to the New Mexico House of Representatives.
In a motion filed last week, Baldwin‘s lawyers argue that the state’s constitution prohibits Ms Reeb from serving as both a prosecutor and as a state lawmaker.
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Baldwin’s lawyers promise to fight
Hutchins died 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.
Baldwin has denied responsibility. He has said he cocked the revolver but never pulled the trigger and it was the job of Gutierrez-Reed and other weapons professionals to ensure it was unloaded.
The FBI said the revolver “functioned normally” and would not fire without the trigger being pulled.
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Halyna Hutchins pictured in 2017 at an Artists for Peace and Justice party, 70th Cannes Film Festival, France
Family sues Baldwin for battery and negligence
A separate civil lawsuit was filed on Thursday by the family of Ms Hutchins.
The family is suing Baldwin and the Rust movie production company alleging battery, intentional infliction of emotional distress, negligence, and loss of consortium.
Loss of consortium is a claim which seeks to recover compensation for damage to certain relationships that are mutually dependent.
US
Boy, 8, and girl, 10, killed in US Catholic school shooting named – as father brands attacker ‘a coward’
The families of two children killed in the US Catholic school shooting have said their “hearts are broken” and branded the attacker a “coward”.
Fletcher Merkel who was eight and 10-year-old Harper Moyski were killed during mass at Annunciation Catholic School in Minneapolis on Wednesday.
Eighteen other people were injured, including children aged between six and 15 and three adults in their 80s.
Police said Robin Westman, a male born as Robert Westman, opened fire with a rifle through the windows of the school’s church as children sat in pews.
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New details released of US school shooting
‘Our hearts are broken’
Harper’s parents, Michael Moyski and Jackie Flavin, remembered her as “a bright, joyful, and deeply loved 10-year-old whose laughter, kindness, and spirit touched everyone who knew her”.
“Our hearts are broken not only as parents, but also for Harper’s sister, who adored her big sister and is grieving an unimaginable loss. As a family, we are shattered, and words cannot capture the depth of our pain,” their statement said.
They urged leaders and communities to “take meaningful steps to address gun violence and the mental health crisis in this country.”
“Change is possible, and it is necessary – so that Harper’s story does not become yet another in a long line of tragedies,” the statement added.
The family of Fletcher Merkel said there was a ‘hole in our hearts’. Pic: Family handout/AP
‘Fletcher loved his family’
In a statement reported by Sky’s US partner network NBC News, Fletcher’s father Jesse Merkel blamed the “coward” killer for why the boy’s family can’t “hold him, talk to him, play with him, and watch him grow into the wonderful young man he was on the path to becoming”.
He said: “Fletcher loved his family, friends, fishing, cooking, and any sports that he was allowed to play.
“While the hole in our hearts and lives will never be filled, I hope that in time, our family can find healing.”
Mr Merkel also praised “the swift and heroic actions of children and adults alike from inside the church”.
“Without these people and their selfless actions, this could have been a tragedy of many magnitudes more. For these people, I am thankful,” he added.
Families and loved ones reunite at the scene after the shooting. Pic: Reuters
Mayor calls for assault weapon ban
It comes after Minneapolis mayor Jacob Frey called for a statewide and federal ban on assault weapons, a day after the deadly school shooting.
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Minneapolis mayor urges assault weapons ban
“Thoughts and prayers are not going to cut it. It’s on all of us to see this through,” the mayor said at a news conference. “We need a statewide and a federal ban on assault weapons.
“We need a statewide and a federal ban on high-capacity magazines. There is no reason that someone should be able to reel off 30 shots before they even have to reload.
“We’re not talking about your father’s hunting rifle gear. We’re talking about guns that are built to pierce armour and kill people.”
Meanwhile, Minneapolis police chief Brian O’Hara gave an update on the investigation, saying the suspect had fired 116 rifle rounds into the church.
“It is very clear that this shooter had the intention to terrorise those innocent children,” he added, before saying the killer “fantasised” about the plans of other mass shooting attackers and wanted to “obtain notoriety”.
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Thomas Klemond, interim CEO of Minneapolis’s main trauma hospital Hennepin Healthcare, said at an earlier news conference that the hospital was treating nine patients injured in the shooting.
One child at the hospital was in a critical condition, he added.
Children’s Minnesota Hospital also said that three children remain in its care as of Thursday morning.
Police have released new details about the killer in the US Catholic school shooting – including that they “idolised” mass murderers and they wanted to “watch children suffer”.
Two children, aged eight and 10, were killed during mass at Annunciation Catholic School in Minneapolis on Wednesday.
The victims have been named as Fletcher Merkel, 8, and Harper Moyski, 10, – click here to read more
Eighteen other people were injured, including children aged between six and 15 and three adults in their 80s.
Police said Robin Westman, a male born as Robert Westman, opened fire with a rifle through the windows of the school’s church as children sat in pews.
Robin Westman
Almost 120 rifle rounds fired, police chief says
In a news conference on Thursday, Minneapolis Police Chief Brian O’Hara said the attacker fired 116 rifle rounds into the church.
“It is very clear that this shooter had the intention to terrorise those innocent children,” he added.
The police chief said the killer “fantasised” about the plans of other mass shooting attackers and wanted to “obtain notoriety”.
When asked about the attacker obtaining the firearms used legally, Mr O’Hara said that they did not have a criminal history or any diagnosed mental health disorders.
While they had potentially concerning social media posts, the police chief added that there was no evidence to suggest that Westman was legally barred from purchasing a firearm.
People mourn outside the Annunciation Catholic School in Minneapolis. Pic: Reuters
Suspect ‘wanted to watch children suffer’
Joe Thompson, acting US attorney for Minnesota, also said evidence recovered of the killer’s plans showed “pure indiscriminate hate” and that they “idolised some of the most notorious school shooters and mass murderers in our country’s history”.
“I won’t dignify the shooter’s words by repeating them,” Mr Thompson added. “They are horrific and vile, but in short, the shooter wanted to watch children suffer.”
Earlier, the mayor of Minneapolis called for a statewide and federal ban on assault weapons after the deadly attack, saying “thoughts and prayers are not going to cut it”.
“There is no reason that someone should be able to reel off 30 shots before they even have to reload,” Jacob Frey said.
“We’re not talking about your father’s hunting rifle gear. We’re talking about guns that are built to pierce armour and kill people.”
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Minneapolis mayor urges assault weapons ban
Thomas Klemond, interim CEO of Minneapolis’s main trauma hospital Hennepin Healthcare, said at a news conference that the hospital was treating nine patients injured in the shooting.
One child at the hospital was in a critical condition, he added.
Children’s Minnesota Hospital also said that three children remain in its care as of Thursday morning.
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In a post on Facebook, the hospital said “there are no words to describe the overwhelming pain many are feeling”, adding: “We feel that pain with you.
“To the entire Annunciation community, you have our deepest condolences. During this time of unimaginable grief and loss, we want you to know that we at Children’s Minnesota are with you.
“We will always be here to care for you. And in this moment, we hurt alongside you.”
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