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'PROP HANDLER IS DONE'
ALEC Baldwin is facing up to 18 months in prison for his role in the fatal shooting of Rust cinematographer Halyna Hutchins and will likely receive the maximum sentence if he's convicted, an ex-prosecutor has said.
Former assistant U.S. Attorney Neama Rahmani told The U.S. Sun he was "shocked" at the decision made by New Mexico prosecutors to charge Baldwin, 64, with two counts of involuntary manslaughter on Thursday.
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The decision comes close to 16 months after Baldwin killed Hutchins and injured director Joel Souza when a loaded prop gun he was holding fired on the set of Rust during a rehearsal in Oct. 2021.
Baldwin has repeatedly maintained he did not pull the trigger.
He is one of three people accused by prosecutors of playing a role in Hutchins' death.
Also charged alongside the award-winning actor is Hannah Gutierrez-Reed, who was the head armorer for the since-halted Netflix Western.
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She, like Baldwin, is facing two counts of involuntary manslaughter.
Assistant director David Halls, who handed Baldwin the loaded gun and allegedly declared it "cold," has already pleaded guilty to a misdemeanor charge in a deal with prosecutors.
Where Baldwin is concerned, Rahmani believes prosecutors have come in "very strong" on The 30 Rock star, issuing him the strongest possible charges they could.
To secure a conviction against him, they'll have to prove his actions amounted to criminal negligence in the moments preceding Hutchin's death.
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Rahmani explained: "My initial thoughts are it's a very aggressive charging decision and now the prosecution's going to have to prove some sort of criminal negligence.
"So, what does that mean? That he had an affirmative duty to independently inspect the gun and not rely on AD Dave Hall’s representation that it was cold? Was he criminally negligent because he knew that this gun had previously misfired?
"Was he negligent because he pointed a gun, even a prop gun, at another human being? Or did he actually pull the trigger despite denying it? Or is the mere fact he cocked the hammer enough?
"Now obviously, this is a question for a jury. But merely causing someone to die is not involuntary manslaughter. Baldwin has to not only be negligent but criminally negligent - that’s more than simple negligence."
In the state of New Mexico, involuntary manslaughter is a Class D felony, carrying a maximum sentence of up to 18 months in jail.
The charges against Baldwin and Gutierrez-Reed also include a provision that could result in a mandatory five years in jail because the offense was committed with a gun.
Baldwin is not only facing time he has to think about his acting career. So I can see this case going to trial.
Neama Rahmani
Rahmani says Baldwin has a "strong defense" and expects the Academy Award nominee to push the case through to trial, avoiding making a plea deal with prosecutors to protect his career.
However, he believes Gutierrez-Reed is "dead to rights" and almost certain to be convicted of the charges of which she stands accused.
"Because it's a good defense case, Baldwin is not only facing time, he has to think about his acting career. So, I can see this case going to trial," said Rahmani, of West Coast Trial Lawyers.
"I don’t know what evidence they have, but they’re going to need more [than what’s been reported publicly] because Baldwin is going to be able to argue that he reasonably relied on his assistant director’s representation that it was a cold gun.
"But it's risky because if it does go to trial, and Baldwin is convicted, I think a judge would sentence him to significant time [...] sentencing him to the maximum or near the maximum. Of course, there's also the real possibility he's acquitted
"It's really an all-or-nothing case," he added. "They're not going to give him a slap on the wrist, either they think he's responsible or he's not.
"I can't see a judge giving him a lighter sentence if he does force this through to trial. A lighter sentence would involve some sort of acceptance of responsibility and I can't see that happening in this case."
For Gutierrez-Reed, Rahmani believes the bigger picture is much bleaker.
"Her job was to make sure everything was safe on set, cleaning the weapons, inspecting them [...] reportedly, there were folks on set engaging in target practice during their breaks.
"If she was bringing live rounds on to set or allowing weapons to be used recreationally, then that's a big problem for her.
"She's dead to rights. She's done."
'ACCIDENT IRRELEVANT'
After announcing the charges against Baldwin and Gutierrez-Reed on Thursday morning, District Attorney Mary Carmack-Altwies outlined why the on-set shooting of Hutchins could amount to criminal charges, regardless of whether or not it was an accident.
"Just because it is an accident doesn't mean that it's not criminal," Carmack-Altwies told CNN.
"Our involuntary manslaughter statute covers unintentional killings, unintentional homicides.
"Unintentional means they didn't mean to do it, they didn't have the intent to kill, but it happened anyway — and it happened because of more than mere negligence, because they didn't exercise due caution or circumspection, and that's what happened here."
Explaining the probable cause against the pair, the prosecutor alleged that the set of Rust was "fast and loose" and lacking even basic safety standards.
Carmack-Altwies explained: "[There was] a lack of safety and safety standards on that set, that there were live rounds on set; they were mixed in with regular dummy rounds.
"Nobody was checking those, or at least they weren't checking them consistently. And then, they somehow got loaded into a gun, handed off to Alec Baldwin; he didn't check it, he didn't do any of the things that he was supposed to do to make sure that he was safe or that anyone around him was safe. And then, he pointed the gun at Halyna Hutchins and he pulled the trigger.
"This was a really fast and loose set," she added. "and ... nobody was doing their job. There were three people, that if they had done their job that day, this tragedy wouldn't have happened — and that's David Halls and Hannah Gutierrez Reed, and Alec Baldwin.
"If they had just done their basic duties, we wouldn't be standing here."
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Baldwin was a producer for Rust, in addition to starring as the production's lead.
He settled a wrongful death lawsuit with Hutchins' estate in October last year for an undisclosed fee.
After reaching the agreement, Hutchins' husband Matthew released a statement insisting he had "no interest engaging in recriminations or attribution of blame" and called the death of his wife a "terrible accident."
Baldwin has long maintained his innocence.
His attorney, Luke Nikas, released a statement on Thursday that accused prosecutors of distorting Hutchins' death.
"This decision distorts Halyna Hutchins's tragic death 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 movie set," said Nikas.
"He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win."
A lawyer for Gutierrez-Reed, meanwhile, called the charges "absolutely wrong."
"We were expecting the charges but they’re absolutely wrong as to Hannah - we expect that she will be found not guilty by a jury and she did not commit manslaughter," attorney Jason Bowles wrote in a statement.
"She has been emotional about the tragedy but has committed no crime.”
FATAL SHOOTING
Hutchins' died on Oct. 21, 2021, as Baldwin rehearsed with a Colt .45 revolver.
The script for the scene in question requested Baldwin to cock the gun.
In a legal filing of his own, Baldwin said that Hutchins asked him to practice the scene as indicated. He claimed he pulled back the hammer of the revolver, but not far enough to physically cock the gun.
Then, when Balwin let the hammer go, he claims the gun fired, striking Hutchins in the chest and wounding Souza. He denied ever pulling the trigger.
The gun was loaded with live ammunition instead of dummy rounds. Baldwin said he was told by Halls the gun was "cold," which meant it contained no live ammo.
A forensic report conducted by the FBI last August determined that the revolver could not have fired without the trigger being pulled.
The report also noted that 150 live rounds of ammunition were found on the set.
Baldwin and Gutierrez-Reed have both sued one another in recent months, laying the blame on the other for what happened to Hutchins.
Had he been the prosecutor overseeing the case, Rahmani said he definitely would've pursued a case against Gutierrez-Reed, but likely would've spared Baldwin.
"Given what I know, I would not have pressed charges against Baldwin," he said.
"Maybe prosecutors know something I don’t. Maybe there’s a text message where he says the gun previously discharged and he acted recklessly anyway - I don’t know.
"But based on what’s been publicly reported, I would not have charged this case."
LOOMING LEGAL BATTLE
Baldwin and Gutierrez-Reed will both be charged “in the alternative."
That means a jury will decide which of the two charges — involuntary manslaughter or involuntary manslaughter in the commission of a lawful act — they are or are not guilty of.
Both felony charges hold a maximum prison sentence of 18 months and a fine of up to $5,000.
Carmack-Altwies and Reeb will formally file charges before the end of the month, at which point each defendant will be issued a summons for their first court appearance, prosecutors said. No arrests will be made.
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During a preliminary hearing, a judge will decide whether there is probable cause to move forward with a trial.
Typically, preliminary hearings are scheduled within 60 days of charges being filed.
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