(CNN) — Actor Alec Baldwin faces two counts of involuntary manslaughter in the shooting that killed cinematographer Halyna Hutchins during the filming of the movie “Rust,” as well as the stuntman who oversaw all the weapons used in the production.
Baldwin, who has maintained that he did not know the gun he fired contained live ammunition, called the New Mexico prosecutor’s decision a “terrible judicial error,” according to his attorney, Luke Nikas, who has vowed to dispute the charges.
Jason Bowles, attorney for the film’s gunsmith, Hannah Gutierrez Reed, said a jury will find his client not guilty because “he has not committed any crime.”
Hutchins was injured and killed in 2021 by a live bullet fired from a prop gun held by Baldwin, who maintains that he did not pull the trigger on the gun. Director Joel Souza was also injured.
According to the prosecution, no charges will be brought against Souza.
Hutchins’ cause of death is listed as “gunshot wound to the chest” and the manner of death as “accident.”
“It is a comfort to the family that in New Mexico, no one is above the law,” said a statement by attorney Brian J. Panish, on behalf of the Hutchins family.
These are the reasons for New Mexico First Judicial District Attorney Mary Carmack-Altwies, who spoke to CNN on Thursday, for filing charges against Baldwin:
“An actor does not have carte blanche”
Other actors, including high-profile celebrities, who were asked by prosecutors said they “always check their guns or have someone check them in front of them,” Carmack-Altwies told CNN shortly after announcing his decision on the murder charges. involuntary.
“Everyone who handles a weapon has a duty to make sure that if they are going to handle that weapon, point it at someone and pull the trigger, they are not going to fire a round and kill someone,” he said.
And he added: “An actor does not have carte blanche for the simple fact of being an actor. That is the important thing. Here in New Mexico we say that we are all equal before the law.”
“There was a great lack of security on the set”
According to Carmack-Altwies, real cartridges were mixed up with test cartridges on the shoot, and the ammunition was not regularly checked by staff.
“There was such a lack of security and safety standards on the set… There was live ammunition on the set,” he added.
“No one checked them, or at least they didn’t check them consistently. And then somehow they loaded into a gun that was given to Alec Baldwin. He didn’t check it. He didn’t do anything he was supposed to do.” to make sure she was safe or that anyone around her was safe. And then she pointed it at Halyna Hutchins and pulled the trigger.”
Carmack-Altwies described the production as “a bunch of people who are really light-hearted” when it comes to security, saying that “nobody was doing their job.”
“Accident does not mean that it is not criminal”
The postmortem inquest summary into Hutchins’ death, which was formally signed by New Mexico’s chief medical investigator, said that “law enforcement reports did not show any convincing demonstration that the firearm was intentionally loaded with live ammunition”.
“Based on all available information, including the absence of obvious intent to cause harm or death, the manner of death is best classified as an accident,” the report concluded.
Carmack-Altwies said that “just because it’s an accident doesn’t mean it’s not criminal.”
“Our manslaughter statute covers unintentional homicides,” he said.
“Unintentional means they didn’t mean to do it. They didn’t mean to kill. But it happened anyway, and it happened because of more than mere negligence… They didn’t exercise due care or prudence and that’s what happened here.”
Carmack-Altwies said there is “more than enough” evidence to support the charges and bring the case to trial.
“The trigger had to be pulled”
An FBI forensic report noted that the gun failed to fire during FBI tests of its normal operation without pulling the trigger while the gun was cocked.
The report also noted that the gun eventually failed during testing after fracturing internal parts, causing the gun to fire in the cocked position without pulling the trigger.
The prop gun was in the hands of Baldwin, who has maintained that he did not pull the trigger.
“The FBI lab is one of the best in the world,” Carmack-Altwies told CNN. “And we absolutely believe that the trigger had to have been pulled for that gun to fire.”
— Josh Campbell contributed reporting.
