Everything to Know About Alec Baldwin's Rust Shooting Charges, and What Happens Next?
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More than one year after the fatal shooting on the set of the movie Rust, the Santa Fe County District Attorney's Office made a decision about pressing charges.
The Western film's star and producer, Alec Baldwin, was officially charged by New Mexico First Judicial DA Mary Carmack-Altwies on Jan. 31, including two counts of involuntary manslaughter in the on-set death of cinematographer Halyna Hutchins. She was shot and killed after a prop gun held by Baldwin, which turned out to contain live rounds, was discharged while filming in New Mexico in October 2021.
According to a statement issued on Jan. 19, DA Carmack-Altwies announced she'd file charges before the end of the month "in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law."
An investigation report completed by the sheriff's office was handed to the DA's office on Oct. 27, 2022. In a statement at the time, a spokesperson said the DA and a "team of investigators and prosecutors will now begin a thorough review of the information and evidence to make a thoughtful, timely decision about whether to bring charges," per The New York Times.
Santa Fe County Sheriff's Office/ZUMA Alec Baldwin on the set of Rust
RELATED: Alec Baldwin Facing Involuntary Manslaughter Charges in 'Rust' Shooting Death of Halyna Hutchins
The low-budget film's armorer, Hannah Gutierrez-Reed, will also be charged with involuntary manslaughter. Assistant director David Halls signed an agreement, pleading guilty to a misdemeanor charge of negligent use of a deadly weapon.
In a statement obtained by PEOPLE, the Hutchins family supports the charges against Baldwin. "It is a comfort to the family that, in New Mexico, no one is above the law," attorney Brian J. Panish said on behalf of the family.
Here's everything to know about the recent charges and what happens next.
What is the movie Rust about?
Roberto E. Rosales/Albuquerque Journal/Zuma Rust set
Per IMDb, the official synopsis for the movie Rust reads: "A 13-year-old boy left to fend for himself and his younger brother following their parents' deaths in 1880s Kansas goes on the run with his long-estranged grandfather after he's sentenced to hang for the accidental killing of a local rancher."
Written and directed by Joel Souza, the low-budget American Western film stars Alec Baldwin as grandfather Harland Rust. Others in the cast include Travis Fimmel, Brady Noon, Frances Fisher, Jensen Ackles and Devon Werkheiser.
Baldwin is also a producer on the film and co-wrote alongside Souza.
RELATED: In Memory of Cinematographer Halyna Hutchins: A Look Back on Her Life Through Her Own Photos
How was Alec Baldwin involved in the on-set Rust shooting?
Jesse Grant/Getty; Anthony Harvey/Getty Images Alec Baldwin; Halyna Hutchins
On Oct. 21, 2021, cinematographer Halyna Hutchins was shot and killed after a prop gun held by Baldwin that turned out to contain live rounds discharged while filming on Bonanza Creek Ranch, a popular movie location south of Santa Fe.
Director Souza was also wounded in the incident, and Baldwin maintains that he did not pull the trigger. The production of Rust was rife with "red flags" on set ahead of the fatal shooting, according to a crew member.
Authorities responded to an incident at the Bonanza Creek Ranch set of Rust around 1:50 p.m. local time, following 911 calls indicating "an individual had been shot on set," the Santa Fe Sheriff's Department wrote in a press release obtained by PEOPLE.
Upon further investigation, the sheriff's department learned that Hutchins and director Souza were "shot when a prop firearm was discharged" by Baldwin.
Hutchins was airlifted to the University of New Mexico Hospital, where she died from her injuries, according to the sheriff's department. Souza was hospitalized, but his reps told Deadline on Oct. 22 that he had since been released.
RELATED: Alec Baldwin Shares Photo of Halyna Hutchins on Anniversary of Rust Tragedy: 'One Year Ago Today'
Why were there live bullets on set?
Santa Fe County Sheriff's Office/ZUMA Alec Baldwin on the set of Rust
The aforementioned insider told PEOPLE they saw "a lot of red flags" while watching armorer Hannah Gutierrez-Reed. (On film sets, the armorer is generally tasked with overseeing weapons.) According to the crew member, Gutierrez Reed didn't keep the weapons "safe" and "locked up" while filming.
Prior to working on Rust, Gutierrez-Reed (the 25-year-old daughter of expert Hollywood armorer Thell Reed) had just finished serving as head armorer on her first movie The Old Way, starring Nicolas Cage — a gig she told the Voices of the West podcast caused her to second-guess her ability.
"I was really nervous about it at first, and I almost didn't take the job because I wasn't sure if I was ready, but doing it — it went really smoothly," she said of The Old Way job. "I think loading blanks was like the scariest thing to me because I was like, 'Oh, I don't know anything about it,' " Gutierrez-Reed said on the podcast at the time.
According to the Los Angeles Times, the Rust production managers "struggled to recruit experienced crew members" after nearly a dozen prop masters or armorers turned the jobs down.
One of those professionals included veteran prop master Neal W. Zoromski, who turned a Rust position down in late September 2021 after producers insisted on having only one person serve as an assistant prop master and armorer.
Furthermore, the Los Angeles Times reported that a half-dozen camera crew workers walked off the set of Rust to protest working conditions — including long hours, long commutes and waiting for their paycheck — in addition to a lack of following strict safety protocols, like gun inspections.
RELATED: Rust Movie Crew 'Didn't Feel Safe' Before Shooting Incident Involving Alec Baldwin, Says Source
What was Alec Baldwin charged with?
Mark Sagliocco/Getty Images Alec Baldwin
More than one year after the fatal on-set shooting, Santa Fe County District Attorney Mary Carmack-Altwies and special prosecutor Andrea Reeb announced on Jan. 19 that Baldwin and armorer Gutierrez-Reed will both be charged with two counts of involuntary manslaughter.
No charges will be filed related to the shooting of Rust director Souza, who was injured in the incident. Assistant director David Halls signed a plea agreement for the charge of negligent use of a deadly weapon, according to a press release.
"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 in a statement. "On my watch, no one is above the law, and everyone deserves justice."
Reeb added, "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. 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."
Baldwin's attorney Luke Nikas of Quinn Emanuel said in a statement obtained by PEOPLE, "This decision distorts Halyna Hutchins' 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. 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," added Nikas.
Jason Bowles and Todd J. Bullion, attorneys for Gutierrez-Reed, said in a statement, "Hannah is, and has always been, very emotional and sad about this tragic accident. But she did not commit involuntary manslaughter. These charges are the result of a very flawed investigation, and an inaccurate understanding of the full facts. We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury."
On Jan. 31, D.A. Carmack-Altwie formally filed charges against Baldwin and Gutierrez-Reed, including two counts of involuntary manslaughter. A judge will next decide whether to move the case forward after a preliminary hearing.
Will Alec Baldwin go to prison?
While Carmack-Altwies and Reeb will formally file charges with New Mexico's First Judicial District Court before the end of January, Halls' plea agreement terms include a suspended sentence and six months of probation — and a copy of the plea agreement will be available after it has been filed with the court.
As for Baldwin and Gutierrez-Reed, they will be charged "in the alternative." The DA statement made clear "that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty."
Following the filing of charges, each defendant will be issued a summons with the charging information. They will then be required to make a "first appearance," which can be done virtually — and even moved by each defendant to have waived.
After the first appearance, a preliminary hearing will be held where the judge will rule whether there is probable cause to move forward with a trial. A date is expected to be scheduled by the court within 60 days of the charges being filed, of which an announcement will be made at a later date.
RELATED: Halyna Hutchins' Family Lawyer Says Alec Baldwin Is 'Blaming Others' for Fatal 'Rust' Shooting
In New Mexico, involuntary manslaughter is a fourth-degree felony punishable by up to 18 months in jail and a $5,000 fine, according to a press release. The other involuntary manslaughter in the commission of a lawful act charge is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine; since a firearm was involved, this is punishable by a mandatory five years in jail.
On Feb. 17, an amended complaint was filed after prosecutors dropped the firearms enhancement charge originally brought against Baldwin. He still faces a charge of involuntary manslaughter for the shooting — that crime would carry a lesser sentence of 18 months if convicted.
The charge was also dropped against former Gutierrez-Reed, who faces the same involuntary manslaughter charge as Baldwin.
"In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the District Attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the Rust film set," Heather Brewer, spokesperson the Santa Fe District Attorney's Office, said in a statement on Feb. 20. "The prosecution's priority is securing justice, not securing billable hours for big-city attorneys."
RELATED: Alec Baldwin Sees Charge Dropped in 'Rust' Shooting, Faces Reduced Prison Sentence
Will the movie Rust still be made?
Jae C Hong/AP/Shutterstock Rust set
In October 2022, Baldwin and other Rust producers settled a wrongful death lawsuit filed by Hutchins' widower Matthew. Along with the settlement, the team agreed to complete the movie with Matthew now on board as an executive producer.
Production on Rust was said to resume in January 2023, under the agreement that production would be able to resume after a 15-month hiatus. Upon its controversial resume, Variety reported that it won't be filmed in New Mexico this time around, adding that California was being considered as the new location.
