Alec Baldwin poses with gun and ammo in newly released Rust rehearsal video

How Much Time Could Alec Baldwin Face Behind Bars If Convicted During 'Rust' Trial

Home / News / How Much Time Could Alec Baldwin Face Behind Bars If Convicted During 'Rust' Trial

By Kristin Myers on July 7, 2024 at 10:30 AM EDT

After several attempts by his legal team to get the charges thrown out, actor Alec Baldwin is scheduled to sit trial in July 2024.

The "30 Rock" actor is facing involuntary manslaughter charges dating back to the October 2021 shooting of cinematographer Halyna Hutchins on the set of the Western film "Rust."

Armorer Hannah Gutierrez-Reed faced her own trial earlier this year. It took a jury less than three hours to find her guilty of involuntary manslaughter. Judge Mary Marlowe Sommer, who will oversee Baldwin's trial as well, sentenced her to the state maximum of 18 months behind bars.

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Alec Baldwin Could Face Over A Year Behind Bars If Convicted During 'Rust' Trial

Alec Baldwin sits down with police for interview following Rust shooting
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In January 2024, Alec Baldwin was charged with involuntary manslaughter related to the death of "Rust" cinematographer Halyna Hutchins. The charges had originally been filed in January 2023 but dropped in April following an investigation into the gun used in the shooting. After a forensics team with the FBI concluded that the trigger had to be pulled for the gun to fire, charges were reintroduced.

The official charge in the involuntary manslaughter charges Baldwin with involuntary manslaughter "in the commission of negligent use of a firearm." According to the indictment, the involuntary manslaughter charge is classified as a fourth-degree felony. In the state of New Mexico, a fourth-degree felony in New Mexico carries a sentence of 18 months in prison and can include a $5,000 fine.

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"Rust" armorer Hannah Gutierrez-Reed was sentenced to the state maximum by Judge Mary Marlowe Sommer after she determined that the rookie armorer did not show remorse for her role in the shooting. The prosecution had argued that the rookie armorer accidentally mixed up live rounds with dummy ammunition on set when she loaded the gun used for a rehearsal scene in New Mexico.

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Judge Rules Trial Against Alec Baldwin Will Continue

Alec Baldwin questioned by police after fatal Rust shooting
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Throughout the past few months, Judge Mary Marlowe Sommer sat in on a hearing between lead prosecutor Kari Morrissey and Baldwin's legal team, who argued that the case should be dismissed against him for two reasons.

The first, they argued, was that the prosecution had given "prejudicial" instructions to the grand jury. The second was that Baldwin could not have intended any harm to anyone on the film set, as he could not possibly know that the gun had been loaded with live ammunition.

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In another hearing last Wednesday, Judge Mary Marlowe Sommer doubled down on her decision that Alec Baldwin will stand trial for the death of cinematographer Halyna Hutchins. Director Joel Souza was also hospitalized as a result of the incident but was able to recover and finish filming his indie Western last spring in Montana.

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It Is Unclear If Hannah Gutierrez-Reed Will Be Granted An Appeal

Hannah Gutierrez-Reed poses for mugshot after being convicted of involuntary manslaughter in 'Rust' shooting trial
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Unlike Baldwin, armorer Hannah Gutierrez-Reed was also facing an additional charge of tampering with evidence. Prosecutors claimed that a witness had come forward saying that the rookie armorer had handed them a bag of white powder. The crew member, who identified herself as a recovering addict when she took the stand during Hannah Gutierrez-Reed's trial, said that she believed the white substance to be cocaine and threw it in a trash can. The bag was never found and could not be identified as cocaine, leading a jury to find her not guilty of tampering with evidence.

However, it took them less than three hours to find her guilty of involuntary manslaughter in connection with the death of cinematographer Halyna Hutchins. During her sentencing hearing, Judge Mary Marlowe Sommer gave her the state maximum of 18 months behind bars after she concluded that the rookie armorer did not show remorse for her actions.

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Hannah Gutierrez-Reed Has Filed For An Appeal

Armourer Hannah Gutierrez-Reed seen after fatal Rust shooting
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Hannah Gutierrez-Reed's attorney, Jason Bowles, has filed for an appeal. He requested that she be released from prison while the appeal pends. Given how slow the court system has been moving, he is concerned that Hannah Gutierrez-Reed will have served her full sentence before an appeal can be heard.

Alec Baldwin's trial is scheduled for July 9. It is expected to last two weeks. At this time, it is unclear how Baldwin's "Rust" trial might affect his planned reality series with TLC. The series will feature Baldwin and his wife, Hilaria Baldwin, raising their seven children, currently ranging in age from one to ten.

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