The lead actor and a co-producer on Rust, Baldwin pointed a gun at cinematographer Halyna Hutchins during rehearsal on a movie set outside Santa Fe when the gun went off, killing her and wounding director Joel Souza.
A new analysis of the gun opened the way for prosecutors to reboot the case, after dismissing an involuntary manslaughter charge last year. A new one-page indictment delivered by the grand jury alleges Baldwin caused Hutchins’ death — either by negligence or “total disregard or indifference” for safety.
Defence lawyers for Baldwin indicate they’ll fight the charge, which carries a potential prison sentence of up to 18 months.
Baldwin can enter a formal plea with or without a court arraignment, setting in motion preparations for trial.
The indictment provides prosecutors with two alternative standards for the involuntary manslaughter charge. One would be based on the negligent use of a firearm.
This aerial photo shows part of the Bonanza Creek Ranch film on October 23, 2021. A grand jury indicted Alec Baldwin this week on an involuntary manslaughter charge in relation to a 2021 fatal shooting during a rehearsal on a movie set in Santa Fe, New Mexico, reviving the dormant case against the A-list actor. Photo / AP
Baldwin has said he pulled back the gun’s hammer, but not the trigger, and the weapon fired.
But a recent analysis of the gun used by Baldwin from Lucien and Michael Haag of Forensic Science Services in Arizona concluded that “the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver”. Michael Haag testified to the grand jury this week as a witness, according to the new indictment.
An earlier FBI report on the agency’s analysis of the gun found that, as is common with firearms of that design, it could go off without pulling the trigger if force was applied to an uncocked hammer — such as by dropping the weapon. The gun eventually broke during testing.
A second alternative for prosecutors is to prove beyond a reasonable doubt that Baldwin caused the death of Hutchins without due caution or “circumspection”, also defined as “an act committed with total disregard or indifference for the safety of others”.
Baldwin as co-producer
Prosecutors declined to answer questions after spending about a day and a half presenting their case to the grand jury.
Santa Fe-based defence lawyer and former prosecutor John Day, who is not connected to the case, believes the indictment gives prosecutors a possible opportunity to address Baldwin’s safety obligations as a co-producer.
“We don’t know exactly what their theory is,” Day said. “It could be that they’re including his role as basically CEO of the production ... not having a safe workplace and somebody dies and you’re at the top of the pyramid.”
The company Rust Movie Productions has paid a $100,000 fine to state workplace safety regulators following a scathing narrative of safety failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set before the fatal shooting.
Cinematographer Halyna Hutchins died after Alec Baldwin pointed a gun at her during a rehearsal on the set of the film Rust in 2021. The gun went off, killing her and wounding director Joel Souza. Photo / AP
Two related trials
Separately, special prosecutors Kari Morrissey and Jason Lewis are preparing for a February trial against Rust armourer Hannah Gutierrez-Reed, who has pleaded not guilty to involuntary manslaughter and evidence tampering in the case.
That trial is likely to proceed independently — and could give Baldwin’s lawyers insights into prosecution strategies and testimony from key witnesses who are likely to also testify in proceedings against Baldwin.
“His [lawyers] will certainly be watching the armourer’s trial closely,” said Los Angeles-based entertainment litigator and defence lawyer Kate Mangels, who is not involved in the case. “It could offer a preview of the prosecution’s approach and potential witness testimony.”
Baldwin’s case was assigned to Santa Fe-based state District Court Judge Glenn Ellington, a specialist in criminal cases. The Gutierrez-Reed case is overseen by a different judge.
“We look forward to our day in court,” said Luke Nikas and Alex Spiro, defence lawyers for Baldwin.
Potential witnesses
Two of the witnesses seen at the courthouse included crew members — one who was present when the fatal shot was fired and another who had walked off the set the day before due to safety concerns.
In this image taken from video released by the Santa Fe County Sheriff's Office, Alec Baldwin speaks with investigators following the fatal shooting. Photo / Santa Fe County Sheriff's Office via AP
Rust assistant director and safety co-ordinator David Halls pleaded no contest to unsafe handling of a firearm last March and received a suspended sentence of six months of probation. He agreed to co-operate in the shooting investigation.
New court filings this week indicate that Rust prop master Sarah Zachry has signed an agreement to co-operate with special prosecutors in return for leniency. Zachry worked closely to secure guns and ammunition on set with Gutierrez-Reed.
Mangels said a grand jury indictment is by no means an assurance that prosecutors will prevail at trial.
