Alec Baldwin formally charged with involuntary manslaughter in connection with Rust shooting

Actor Alec Baldwin and a weapons specialist have been formally charged with involuntary manslaughter in the fatal shooting of a cinematographer on a New Mexico movie set, according to court documents filed by prosecutors Tuesday.

Santa Fe District Attorney Mary Carmack-Altwies filed the charging documents naming Baldwin and Hannah Gutierrez Reed, who supervised weapons on the set of the Western film Rust.

The filing comes nearly two weeks after Carmack-Altwies first announced that Baldwin and Gutierrez Reed would be prosecuted for what authorities have described as a pattern of criminal disregard for safety.

Both Baldwin and Gutierrez Reed maintain their innocence and have vowed to fight the charges.

Baldwin's attorney Luke Nikas declined comment Tuesday and referred to his previous statement on the case, in which he called the charges a "terrible miscarriage of justice" that he and his client would fight and win.

"Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set," the statement said. "He relied on the professionals with whom he worked."

Gutierrez Reed's attorney said they would release a statement later.

Halyna Hutchins died shortly after being wounded in a shooting during rehearsals at a film set ranch on the outskirts of Santa Fe, N.M., on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the film's director. 

Prosecutors have said that Baldwin's involvement as a producer and as the person who fired the gun was factored into the decision to file charges.

A new era on film sets

Hutchins's death already has led to new safety precautions in the film industry.

The decision to charge Baldwin marks a stunning turn of events for an A-list actor whose 40-year career included the early blockbuster The Hunt for Red October and a starring role in the sitcom 30 Rock, as well as iconic appearances in Martin Scorsese's The Departed and a film adaptation of David Mamet's Glengary Glen Ross. In recent years, Baldwin was known for his impression of former president Donald Trump on Saturday Night Live.

Carmack-Altwies told The Associated Press in a Jan. 19 interview that the set was "really being run pretty fast and loose" and that Baldwin should have known there had been previous misfires on the set and that multiple people had brought up safety concerns.

She added that Baldwin was the one who pointed the gun and pulled the trigger.

Baldwin and Gutierrez Reed will be issued a summons to appear in court. Prosecutors will forgo a grand jury and rely on a judge to determine if there is sufficient evidence to move toward trial. It could take up to 60 days for a decision.

Involuntary manslaughter can involve a killing that happens while a defendant is doing something that is lawful but dangerous and is acting negligently or without caution.

Prosecutors have also said they will release the terms of a signed plea agreement with assistant director David Halls, who oversaw safety on the set. Participants in the un-filmed rehearsal have given conflicting accounts of who handed the gun to Baldwin.

Halls has agreed to plead guilty in the negligent use of a deadly weapon, they said.

Evidence and facts 'speak for themselves'

Heather Brewer, a spokesperson for the district attorney's office, said in a statement on Monday that prosecutors are "fully focused on securing justice for Halyna Hutchins" and "the evidence and the facts speak for themselves."

Baldwin, also a co-producer on Rust, has described the killing as a tragic accident. The 64-year-old actor said he was told the gun was safe and has sought to clear his name by suing people involved in handling and supplying the loaded .45-calibre revolver.

In his lawsuit, Baldwin said that while working on camera angles with Hutchins, he pointed the gun in her direction and pulled back and released the hammer of the weapon, which discharged.

Defence lawyer Jason Bowles, who represents Gutierrez Reed, said the charges are the result of a "flawed investigation" and an "inaccurate understanding of the full facts."

Defendants can participate remotely in many initial court proceedings or seek to have their first appearance waived.

Involuntary manslaughter linked to negligence is a fourth-degree felony, punishable by up to 18 months in jail and a $5,000 US fine under New Mexico law.

The second set of manslaughter charges allege recklessness with a provision that could result in a mandatory five years in prison because the offence was committed with a gun.