Authorities in New Mexico surely took their time to determine what the state law required before charging 64-year-old actor Alec Baldwin with two counts of involuntary manslaughter for the shooting death of 42-year-old cinematographer Halyna Hutchins on October 21, 2021. Baldwin believed he was safe because he could rationalize away the act of killing someone with a firearm, as he has done on several occasions, by stating he did not fire the Colt 45 revolver. Baldwin stated that Hannah Gutierrez-Reed, the set armorer for the film “Rust,” had certified that the handgun only had a blank round in the chamber. But the fundamental truth that Baldwin was holding the Colt 45 when Hutchins was shot dead is known to the New Mexico authorities; this is an incontestable fact that cannot be explained away by mitigating circumstances. Baldwin and the Hutchins family reached a civil settlement.
Nobody knows why it took the New Mexico authorities 16 months to decide to charge someone. “I have determined that there is sufficient evidence to press criminal charges against Alec Baldwin and other members of the Rust film team,” said Carmack-Altwies, New Mexico’s First District District Attorney. “After a comprehensive analysis of the evidence and the legislation of the state of New Mexico.” The fact that someone was shot and murdered with a handgun on a New Mexico film set infuriated the authorities there, who declared, “On my watch, no one is above the law, and everyone deserves justice.” Although there is plenty of room for finger-pointing, the fundamental facts called for charges of manslaughter against Baldwin and Gutierrez-Reed. Assistant Director David Hall previously agreed to enter a guilty plea and receive a suspended sentence and six months of probation for reckless use of a deadly weapon.
The most at risk parties are Baldwin and Gutierrez-Reed, who could receive penalties of 18 months in prison and a $5,000 fine. There are two categories of involuntary manslaughter recognized by New Mexico law: those with underlying negligence and those with more than simple negligence. The jury will have to consider both forms of involuntary manslaughter in any scenario and determine which one applies. “Halyna Hutchis would still be alive today if any one of these three individuals—Alec Baldwin, Hannah Gutierrez-Reed, or David Halls—had carried out their duties. That’s all there is to it, declared Adraea Reeb, a special prosecutor chosen by the D.A. The proof unequivocally demonstrates criminal disregard for safety on the Rust movie set. According to Reeb, who provided insight into the state’s charging decision, “There is no room in New Mexico for film sets that don’t take our state’s commitment to gun safety and public safety seriously.
Baldwin stated in a court document that Rust’s cinematographer urged him to practice the scene when the character pulls a revolver. Baldwin asserted that he discharged the lone live bullet in the chamber by pulling back the revolver’s hammer without pulling the trigger. The pistol was “cool,” according to Baldwin, which means there was no live bullet in the chamber, according to Halls, the assistant producer. Baldwin’s claim was challenged by an FBI ballistic assessment, which said that the revolver could only be fired “when the hammer was struck directly.” Whatever the cause, New Mexico officials came to the conclusion that someone was killed by the firearm on a movie set there due to someone’s recklessness. Despite having the gun that shot and killed Hutchins on October 21, 2021, Baldwin has given multiple interviews to claim his innocence.
On October 21, 2021, Baldwin will have the opportunity to tell a jury what he has told various media outlets about his version of events. Given that FBI gun specialists claim that the specific Colt 45 could not have fired a shot without the finger pulling the trigger, Baldwin will have a difficult time persuading the jury that he did not pull the trigger. Baldwin may therefore find it difficult to refute the FBI’s gun specialists who claim that Baldwin’s finger had to pull the trigger when it comes to believability. Baldwin’s alleged disagreement with FBI firearms specialists may cause the jury to lean in favor of finding Baldwin guilty, at least on one count of involuntary manslaughter with criminal negligence. Sheriff Adam Mendoza of Sana Fe County, who oversaw the original investigation, reported “a degree of carelessness” on the set and deferred to the D.A.’s office with regard to whether to file charges. The D.A.’s accusations have not yet been addressed by Baldwin or his lawyers.
Baldwin believes that since he was informed that the gun didn’t have a live round in the chamber, he is not to blame for Hutchin’s passing. According to New Mexico law, there must have been some negligence prior to an incident involving a handgun on set that resulted in Halnya Hutchins’ death. According to Baldwin, a jury alone can determine if Hutchin’s death was caused by some sort of carelessness. Baldwin will be held accountable since it was he who handled the weapon when it went off, murdering Hutchins, and it was Baldwin who fired the trigger. It is difficult to convince a jury to place the blame on someone else, such as armorer Hannah Gutierrez-Reed, who said there was only a blank in the chamber. Baldwin believes that intent is the key factor in the involuntary manslaughter charge. However, a quick glance at New Mexico law shows that the state needs demonstrate negligence rather than intent, which is more relevant 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.
This Article has been rephrased by InfoArmed