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As the most reliable and balanced news aggregation service on the internet, DML News App offers the following information published by WSJ.com:
Prosecutors plan to charge Alec Baldwin with involuntary manslaughter in the fatal shooting of a cinematographer on the set of the movie “Rust” in New Mexico in 2021, according to a person with knowledge of the investigation.
The film’s armorer overseeing weapons, Hannah Gutierrez Reed, is also expected to be charged with involuntary manslaughter in the incident, according to the person.
The film’s first assistant director, David Halls, has agreed to plead guilty to the charge of negligent use of a deadly weapon, according to the person.
Charges against Baldwin and Reed are expected to be filed by the end of the month.
The accidental shooting occurred on a ranch outside of Sante Fe, New Mexico on Oct. 21, 2021 during filming of the movie, “Rust.”
Cinematographer Halyna Hutchins was killed and the film’s director, Joel Souza, was wounded when the gun went off as Baldwin pointed it at Hutchins during the filming.
Santa Fe-area District Attorney Mary Carmack-Altwies released an official statement in a Facebook post Thursday morning, announcing the decision to charge Baldwin and Reed. The statement reads as follows:
DA to File Criminal Charges in ‘Rust’ Shooting
Producer Alec Baldwin & Armorer to Face Involuntary Manslaughter Charges in Death of Halyna Hutchins
Assistant Director Pleads to Negligent Use of Deadly Weapon
For Immediate Release: January 19, 2023
Contact: Heather Brewer, 505-310-5957, [email protected]
SANTA FE, N.M.—New Mexico First Judicial District Attorney Mary Carmack-Altwies announced on Thursday that, in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law, her office before the end of the month will file criminal charges in the “Rust” film-set shooting.
“Rust” actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s Santa Fe County set in 2021.
Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.
No charges will be filed specific to the non-fatal shooting of “Rust” director Joel Souza.
“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.”
Baldwin and Gutierrez-Reed will be “charged in the alternative” with the two counts of manslaughter, meaning that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty.
The first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.
The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This 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, or added 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 the month. Following the filing of charges, each defendant will be issued a summons with the charging information. Shortly after receiving the summons each defendant is required to make a “first appearance,” a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.
Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.
“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said. “We are committed to upholding the integrity of that process to ensure equal justice under the law.”
Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.
The District Attorney received the final Santa Fe County Sheriff’s report on October 27, 2022, and moved quickly to carefully and thoughtfully review the evidence, allowing the DA to make her decision on charges less than three months after receiving the initiating report.
Breaking: Prosecutors plan to charge Alec Baldwin with involuntary manslaughter over the shooting of a “Rust” cinematographer, a person familiar with the probe said https://t.co/jkQ0sfisdV
— The Wall Street Journal (@WSJ) January 19, 2023
Alec Baldwin has been charged with two counts of involuntary manslaughter for his alleged role in Halyna Hutchins’ death on the set of #Rust. Prosecutors also brought involuntary manslaughter charges against weapons handler Hannah Gutierrez Reed. https://t.co/lYCsIeEF9N
— Los Angeles Times (@latimes) January 19, 2023
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To get more information about this article, please visit WSJ.com.
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