(CNN) — Alec Baldwin, who will face involuntary manslaughter charges in the death of a crew member during a rehearsal for the film “Rust,” will continue to star in the lead role in the film, an attorney for the production told CNN on Friday.
As the film progresses, the operations will include “on-set security supervisors and union crew members, and any use of work weapons or ammunition will be prohibited,” said Melina Spadone, an attorney for Rust Movie Productions.
Spadone’s comments came a day after prosecutors announced plans to charge Baldwin and the film’s gunsmith, Hannah Gutierrez Reed, in the death of Halyna Hutchins on the set of the 2021 film at a ranch in Santa Fe, New Mexico.
Hutchins, the film’s cinematographer, was hit and killed by a round of live ammunition that Baldwin fired from a prop gun. In the same episode, director Joel Souza was injured in the right shoulder. Souza will continue to direct the film as production progresses, Spadone said.
Baldwin, who is also a producer on the film, did not respond to reporters’ requests for comment on the charges as he entered his Manhattan home on Friday. A source close to Baldwin told CNN that the actor plans to complete the film.
Even though the fatal shooting was ruled an accident by New Mexico’s chief medical investigator, prosecutors believe a crime was committed.
“Just because it’s an accident doesn’t mean it’s not a crime,” New Mexico First Judicial District Attorney Mary Carmack-Altwies said Thursday in explaining the prosecution’s decision. “Our manslaughter statute covers unintentional killings.”
Carmack-Altwies said she will charge Baldwin and the film’s gunsmith with involuntary manslaughter for failing to follow safety procedures that could have prevented the accident.
Formal charges are expected to be filed by the end of the month, Carmack-Altwies told CNN.
“Everyone who handles a gun has a duty to make sure that if they’re going to handle that gun, point it at somebody and pull the trigger, they’re not going to fire a round and kill somebody,” Carmack-Altwies said.
Alec Baldwin charged with ‘involuntary manslaughter’ in fatal shooting on ‘Rust’ set
Still, prosecutors face daunting challenges trying a case centering on a prominent Hollywood figure, in addition to legal difficulties in proving the facts and obtaining a conviction.
Baldwin has been a major film, Broadway and television star for decades, winning Emmy Awards for TV’s “30 Rock” and an Oscar nomination for 2003’s “The Cooler.”
How prosecutors prepare for the case
The two trials that Baldwin and the gunsmith in the film could potentially face would take weeks to a month and require expert testimony, Carmack-Altwies said.
The district attorney requested $635,000 in “emergency” funds “to prosecute such a high-profile case,” she wrote to state officials last August.
“I need funds for a lawyer, an investigator, a media contact person, a paralegal, expert witnesses and the general costs of the trial,” he said.
And even before a trial can proceed, each defendant will attend a preliminary hearing to determine if there is probable cause for trial.
“These hearings will take weeks to complete, but they will be done fairly quickly once the charges are filed,” Carmack-Altwies explained.
But the case will be difficult to prosecute because it’s unclear how the live rounds got on set, according to CNN senior legal analyst Elie Honig, adding that experts have differing opinions regarding the on-set responsibilities of the rounds. actors and crew members.
“Remember, this is a criminal case. You need all 12 jurors to reach guilt beyond a reasonable doubt. So I’m not saying there’s no chance, but this is a really tough case for the prosecution,” Honig said.
Doubts about the safety of the set
Baldwin faces charges in both capacities, both as the person accused of firing the gun and as the film’s producer, Carmack-Altwies said, arguing that in this second capacity as producer he had a responsibility to ensure that the set was a safe place. sure.
Gutierrez Reed, the film’s gunsmith who loaded the prop gun, is also responsible for failing to ensure the gun’s safety, prosecutors say. Her lawyer said that she believed the rounds were from dummy ammunition.
“No one was checking or at least they weren’t constantly checking,” Carmack-Altwies said. “And then somehow those rounds got loaded into a gun that was issued to Alec Baldwin. He didn’t check it. He didn’t do any of the things he was supposed to do to make sure he or anyone around him was safe. And then Baldwin pointed the gun at Halyna Hutchins and pulled the trigger.”
Baldwin maintained that he never pulled the trigger and was unaware the gun contained live bullets.
Gutierrez Reed and Baldwin will each face two counts of manslaughter, but each charge carries a different level of punishment, Carmack-Altwies said in making the announcement.
A jury would decide which charge would be more appropriate and, if convicted, they will only be convicted of one of the two charges, the prosecutor said.
The sentence for both defendants carries up to 18 months in jail and a US$5,000 fine. But one of the charges is aggravated by the presence of a firearm and would require a mandatory five-year jail term, Carmack-Altwies said.
Regarding the charges, Gutierrez Reed’s attorney, Jason Bowles, said Thursday: “We look forward to the charges, but they are absolutely wrong about Hannah; we expect a jury to find her not guilty and for her to say she did not commit manslaughter. She has been shocked by the tragedy, but she has not committed any crime.”
Meanwhile, Baldwin’s attorney, Luke Nikas, said the actor was “shocked” by the charges.
“Mr. Baldwin had no reason to believe there was a live bullet in the gun, or anywhere on the film set. He relied on the professionals he worked with, who assured him the gun had no live cartridges.”
When prosecutors announced the charges Thursday, Hutchins’ family praised their decision.
“It is a comfort to the family to know that in New Mexico no one is above the law,” the family said in a statement issued by attorney Brian J. Panish.
CNN’s Stephanie Becker, Chloe Melas, Elizabeth Wolfe, Jay Croft, Paul Vercammen, Elizabeth Joseph, Julia Jones and Travis Caldwell contributed to this report.
