Baldwin and Gutierrez-Reed will be charged with manslaughter after prosecutors concluded there was criminal disregard for safety on the film set.
The assistant director of the film has signed a plea deal admitting to negligent use of a deadly weapon, according to a statement from the New Mexico First Judicial District Attorney.
Halyna Hutchins would be alive today if any of these three people had done their job. According to a statement obtained by Oxygen.com, the special prosecutor in the case said it was simple. There is a pattern of criminal disregard for safety on the film set. In New Mexico, there is no room for film sets that don't take public safety seriously.
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Baldwin was holding an antique revolver during a rehearsal for the western film "Rust" when it discharged. The bullet went through Hutchins chest before hitting Souza.
Halyna Hutchins is at the official kick off party for the film festival.
Hutchins was killed while Souza survived.
Baldwin has always insisted that he believed the weapon was a cold gun, a term used in the industry to refer to a weapon without live rounds.
He said the gun had gone off in an interview with George Stephanopoulos in December of 2021.
He said at the time that the Trigger wasn't pulled. I did not pull the gun.
An FBI report released last year concluded that the Colt replica F.Lli Pietta single-action revolver used in the shooting could not be made to fire without a pull of thetrigger.
According to a search warrant affidavit obtained by Oxygen.com, Halls handed the weapon to Baldwin during the rehearsal and announced it was a cold gun.
Alec Baldwin is on a set.
Santa Fe County Sheriff's Office.
The armorer was tasked with caring for the guns on the set. She had not been called to inspect the weapon before the rehearsal began, according to her attorney.
Baldwin and Gutierrez-Reed will be charged in the alternative with two counts of manslaughter, which means that jurors will have to decide if they are guilty or not.
The first charge would require prosecutors to prove that there had been underlying negligent behavior. Involuntary manslaughter in the commission of a lawful act would require prosecutors to prove that Hutchins death had gone beyond simpleNegligence.
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The charges are fourth-degree felonies and can lead to up to 18 months in jail and a $5,000 fine. There is a firearm enhancement that comes with a five year prison sentence for manslaughter in the commission of a lawful act.
The charges against Baldwin and Gutierrez-Reed are expected to be filed by the end of the month.
Carmack-Altwies said that there was enough evidence to file criminal charges against Alec Baldwin and other members of the film crew. Everyone deserves justice and no one is above the law.
Baldwin's attorney called the decision to charge the actor a "terrible miscarriage of justice."
He said that the decision distorts Halyna Hutchins' death and represents a terrible injustice. There was no reason for Mr. Baldwin to believe there was a live bullet in the gun. He relied on the professionals that he worked with, who assured him the gun did not have live rounds. We will win these charges.
The attorneys said they plan to fight the charges.
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Hannah has always been sad and emotional about the accident. They said in a statement that she did not commit manslaughter. " The charges are the result of a flawed investigation and an incorrect understanding of the facts. We will bring the truth to light and believe that Hannah will be acquitted by a jury.
The Hutchins family said in a statement to Oxygen.com that they believed the charges were justified.
The family of Halyna Hutchins thanked the Santa Fe Sheriff and District Attorney for concluding their investigation and determining that charges for manslaughter are justified. The independent investigation supports the charges. It is comforting to know that no one is above the law in New Mexico.
We support the charges, will fully cooperate with the prosecution, and hope the justice system works to protect the public and hold accountable those who break the law.
Once the charges are filed, both will have to make their first appearance in court, although that can be done virtually or not at all.
1. Alec Baldwin
8. ABC News