Charging 64-year-old actor Alec Baldwin with two counts of involuntary manslaughter for the Oct. 21, 2021 shooting death of 42-year-old cinematographer Halyna Hutchins, New Mexico authorities certainly took their time to figure out what the state law dictated. Baldwin thought he was in the clear, believing that the act itself of killing someone with a handgun could be explained away, as he has on many occasions, claiming he didn’t pull the trigger on the Colt 45 revolver. Baldwin claimed that the ”Rust” movie set armorer Hannah Gutierrez-Reed certified that the handgun had no bullet in the chamber, only a blank. Yet New Mexico authorities know the basic facts that Baldwin held the Colt 45 when Hutchins was fatally shot, a stubborn fact that couldn’t be explained away by extenuating circumstances. Baldwin settled a civil suit with the family of Hutchins.
Why it took New Mexico authorities 16 month to make a charging decision is anyone’s guess. “After a thorough review of the evidence and the law 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,” said Carmack-Altwies, New Mexico District Attorney for the First District. “On my watch, no one is above the law, and everyone deserves justice,” New Mexico authorities couldn’t get over the fact that some one was killed with a handgun on a movie set in New Mexico. There’s plenty of blame to spread around but the basic facts warranted manslaughter charges for Baldwin and Gutierrez-Reed. Asst. Director David Hall, already agreed to plead guilty to negligent use of a deadly weapon, including a suspended sentence and six months probation.
Baldwin and Gutierrez-Reed have the most to lose with possible sentences of 18 months in jail and $5,000 fine. Under New Mexico law, there are two types of involuntary manslaughter, one with underlying negligence and the other with more than simple negligence. In either case, the jury will have to apply both types of involuntary manslaughter and see which one fits. “If any one of these three people—Alec Baldwin, Hannah Gutierrez-Reed or David Halls—had done their job, Halyna Hutchis would be alive today. It’s that simple,” said Adraea Reeb, a special prosecutor appointed by the D.A. .”The evidence clearly shows a patter of criminal disregard for safety on the Rust film set. In New Mexico, there is no room for film sets that don’t take out state’s commitment to gun safety and public safety seriously,” said Reeb, giving insight in the state’s charging decision.
Baldwin claimed in a legal filing that Hutchins, Rust’s cinematographer, asked him to rehearse the scene pulling out the gun. Baldwin claimed that he pulled back the hammer of the revolver but did not pull the trigger, discharging the single live bullet in the chamber. Baldwin said he was told by Halls, the asst. producer, that the gun was “cold,” meaning there was no live round in the chamber. FBI ballistic report contradicted Baldwin’s account, saying the revolver could not be discharged without pulling the trigger, “when the hammer was struck directly.” Whatever the explanation, New Mexico authorities concluded that someone was killed by the handgun on a movie set in New Mexico, something involving some kind of negligence. Baldwin has granted several interviews to protest his innocence, despite the fact he held the gun that discharged killing Hutchins Oct. 21, 2021.
Baldwin now has the chance to explain to a jury what he’s told various media outlets about his version of events Oct. 21, 2021. Baldwin will have a hard time convincing jurors that he did not pull the trigger, since FBI gun experts say the particular Colt 45 could not discharge a bullet without the finger pulling the trigger. So, when it comes down to credibility, Baldwin could have difficult time contradicting FBI gun experts that Baldwin’s finger had to pull the trigger. If Baldwin is seen as contradicting FBI gun experts, it could push the jury to lean toward conviction, at least on one count of involuntary manslaughter involving criminal negligence. Sana Fe County Sheriff Adam Mendoza, who led the initial investigation, said there was “a degree of neglect” on set, handing the charging decision to the D.A.’s office. Baldwin or his attorney have yet to comment on the D.A.’s charges.
Baldwin thinks that he’s not responsible for Hutchin’s death because he was told the gun had no live bullet in the chamber. Under New Mexico law, there must be some negligence leading to an event with a handgun on set that caused the death of.Halnya Hutchins. Only a jury can decide, what Baldwin says, that some kind of negligence happened to cause Hutchin’s death. Because Baldwin pulled the trigger, he’s going to held accountable because he’s the one handling the handgun that discharged, killing Hutchins. Selling a jury on blaming someone else like armorer Hannah Gutierrez-Reed because she said there was only a blank in the chamber is an uphill battle. Baldwin thinks the involuntary manslaughter charge boils down to intent. But any look a New Mexico law indicates that the state must prove negligence, not intent, something more related to First and Second Degree murder.
About the Author
John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He’s editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.
