CNN
–
Actor Alec Baldwin, who shot a cameraman on the set of the 2021 Western movie “Rust,” and the film’s heroine, Hannah Gutierrez Reed, will each be charged with two counts of first degree murder, prosecutors said Thursday.
The family of Halyna Hutchins, who was in charge of filming the film, thanked the critics for their decision.
“It is a comfort to the family that, in New Mexico, no one is above the law,” the family said in a statement released by attorney Brian J. Panish.
Baldwin insisted that he did not know which gun he fired during the test that contained the time of the round. His lawyer said the prosecutors’ decision was a “gross miscarriage of justice.”
“This decision distorts the tragic death of Halyna Hutchins 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 film,” said attorney Luke Nikas.
“He relied on the experts he worked with, who assured him that the gun had no bullets. We will fight these charges, and we will win.”
Latest updates: Alec Baldwin will be charged with the “Rust” shooting
Gutierrez Reed’s attorney said he hopes the jury will find his client not guilty.
“We expected these charges but they are very wrong Hannah – we hope the court finds her not guilty and not guilty of murder,” attorney Jason Bowles said in a statement Thursday.
“He is deeply affected by this tragedy but he has not done anything wrong.”
Baldwin and Gutierrez Reed each face two counts of first degree murder pending a jury decision, New Mexico First Judicial District Attorney Mary Carmack-Altwies said.
If found guilty, “they will only be sentenced once,” the prosecutor said.
In either case, the conviction is punishable by up to 18 months in prison and a $5,000 fine, prosecutors said.
But one count could include a firearms enhancement, or increase the statutory penalty, because a firearm was involved. In that case, the charge could be punishable by up to five years in prison, prosecutors said.
The district attorney said he believed that “rust” has “quick and loose,” referring to the “lack of safety and security” and “fixed rounds – they are mixed with common dummies.”
“Nobody was looking at them, or they weren’t looking at them all the time,” Carmack-Altwies said.
“Then they somehow got it in a gun, given to Alec Baldwin; he didn’t look, he didn’t do anything he needed to do to make sure he was safe or that everyone around him was safe. He then pointed the gun at Halyna Hutchins and fired.
Hutchins was struck and killed by live ammunition fired from a gun held by Baldwin, who allegedly did not pull the trigger.
Director Joel Souza was also shot and injured. No charges will be filed against Souza in connection with the shooting.
The summary of the postmortem examination of Hutchins’ death – which was signed by the chief medical examiner of New Mexico – the cause of death is listed as “gunshot wound to the chest,” and the manner of death is listed as “accidental.”
“A review of available reports indicates that the gun was intentionally loaded with live ammunition on set. Based on all available information, including the absence of intent to cause harm or death, the manner of death is determined to be accidental,” concluded the report.
The FBI investigation report stated that the weapon could not have been fired during the FBI’s functional tests without pulling the trigger while the gun was cocked. The report also noted that the gun failed to function during a test after internal parts broke, allowing the gun to leave the holster without pulling the trigger.
The shooting has sparked a firestorm of finger-pointing and accusations of negligence on the part of those involved.
In an interview with CNN in August, Baldwin placed the responsibility for the tragedy on Gutierrez Reed, who worked as a weapon and assistant on the film, and assistant director Dave Halls, who gave him the gun.
Halls signed a plea deal “for negligent use of a deadly weapon,” the district attorney’s office announced Thursday. Prosecutors said the deal included a six-month probationary period.
On Thursday, Hall’s attorney Lisa Tarraco released a statement in defense of her client, who has not been charged in connection with the crash.
“Without any charges, this is a positive outcome for Mr. Hall and the case,” Tarraco said. “Now they can put the issue behind them and let the blame for this tragedy be on the people who were shot and change the industry so that this type of accident never happens again.”
In November, Baldwin sued Gutierrez Reed and Halls and others associated with the film, according to a complaint obtained by CNN.
Through their attorneys, both Gutierrez Reed and Hall have maintained their innocence and accused Baldwin of committing crimes against others.
Gutierrez Reed also sued the video’s gun and ammunition maker and its creator – who denies wrongdoing – and claims the weapons sold were loaded with mixed ammunition.
In October, the Hutchins family reached an undisclosed settlement in a malpractice lawsuit filed against Baldwin and other producers of the film.
Matthew Hutchins, Halyna Hutchins’ widower, described her death as a “tragic accident” in a statement during the inauguration. Production on “Rust” is set to resume this month with Matthew Hutchins joining as an executive producer on the film as part of the deal.
