New Mexico First Judicial District Attorney Mary Carmack-Altwies and “Rust” special prosecutor Andrea Reeb shared the news of the charges in a statement on Thursday.
“Rust” actor and producer Alec Baldwin and Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter.
Assistant Director David Halls signed a plea agreement for the charge of negligent use of a deadly weapon, the press release shared. The terms of his plea deal includes a suspended sentence and six months of probation.
“After a thorough review of the evidence and the laws of the state of New Mexico, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the ‘Rust’ film crew,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”
The Hutchins Family released a statement shortly after the charges were announced, “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,” their attorney Brian J. Panish said. “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.”
Baldwin and Gutierrez-Reed will be “charged in the alternative” with the two counts of manslaughter, which means that a jury will not only decide if they are guilty but also under which definition of involuntary manslaughter.
Under New Mexico law, if found guilty of involuntary manslaughter, it is a fourth-degree felony, and they could face up to 18 months in jail and a $5,000 fine.
If found guilty of involuntary manslaughter in the commission of a lawful act would require proof that there was more than simple negligence involved in a death. This charge is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, a mandatory penalty, because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail.
“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,” said Andrea Reeb, the special prosecutor appointed by the DA to the case. “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.”
Carmack-Altwies and Reeb will formally file charges with New Mexico’s First Judicial District Court before the end of January.
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