What happens now that Alec Baldwin and “Rust” armorer Hannah Gutierrez-Reed have been charged with two counts of involuntary manslaughter in the shooting murder of cinematographer Halyna Hutchins?
The charges, which will be brought by state prosecutors this month, could theoretically result in both of the accused serving up to five years in jail, while also signaling to Hollywood producers that, while New Mexico welcomes their business, officials will be ruthless in their pursuit of unsafe film sets.
What is involuntary manslaughter?
Baldwin and Gutierrez-Reed, who was in charge of ensuring that the weapons used on the set of “Rust” would not do any injury, were charged with two counts of involuntary manslaughter: one for underlying carelessness and the other for more than basic negligence in Hutchins’ death.
Both accusations are felonies in the fourth degree, punishable by up to 18 months in jail and a $5,000 fine. The latter charge also includes a firearm enhancement penalty, which carries a mandatory five-year jail sentence.
“Involuntary manslaughter is the lowest criminal charge to hold someone responsible for the death of another person,” says Joshua Ritter, a criminal defense lawyer, and partner at El Dabe Ritter Trial Lawyers in Los Angeles. “Even if someone is doing something lawfully, if that action could lead to the death of someone else without due caution, you can be held criminally liable.”
Will Alec Baldwin go to jail?
It’s plausible, but legal experts are skeptical. Baldwin, in particular, might face jail time. According to Ritter, Baldwin has already resolved the suit brought by Hutchins’ husband, who, in his new capacity as a “Rust” producer, is unlikely to assist New Mexico prosecutors in their aggressive pursuit of the film’s star.
“I would be shocked if anyone did custody time on this,” he says. “Maybe probation and community service and fines and fees and safety messaging. But to put Baldwin behind bars for what everyone still agrees is a horrific accident would be a bit much.”
Nonetheless, Baldwin is the target of New Mexico prosecutors, according to Neama Rahmani, a former federal prosecutor and the president of West Coast Trial Lawyers in Los Angeles.
Will armorer Hannah Gutierrez-Reed go to jail?
It was Gutierrez-job Reed’s to guarantee that the “Rust” guns were not loaded with live ammunition. However, a live cartridge made its way into the chamber of Baldwin’s gun, which was delivered to the actor by assistant director David Halls, who exclaimed, “Cold gun!” implying that it did not contain live ammo.
Experts say Gutierrez-Reed might be judged accountable for the disaster if it is shown she did not keep her safe set.
“She was the armorer, it happened on her watch,” says Miguel Custodio, a Los Angeles-based personal injury attorney, and partner with Custodio & Dubey.
Why wasn’t assistant director David Halls charged in the shooting?
At the disastrous rehearsal, Halls passed the gun to Baldwin; whose responsibilities included ensuring the gun did not hold a live round, which it did.
In principle, Halls would be just as responsible for the disaster as Baldwin and Gutierrez-Reed. Prosecutors, on the other hand, said on Thursday that they had reached a plea agreement with Halls that included a suspended sentence and six months of probation.
“Halls is the game changer,” Custodio continues, implying that prosecutors want to utilize what he knows as they seek charges against the actor and armorer.
“There’s a safe assumption if Halls has accepted a plea, he will be helping the prosecution,” says Ritter. “There’s a good chance both Baldwin and Gutierrez-Reed were offered pleas as well, but maybe they just didn’t want to accept that. Don’t be shocked if they both do negotiate something down the line.”
Would Alec Baldwin have been charged if he had only played a minor role in the film?
Perhaps not. Hollywood film sets have a specific system for handling firearms, which often involves numerous persons, beginning with the set armorer. Firearms are intended to be checked and re-checked before being handed to an actor, who is unlikely to be a weapons specialist.
“Your job is acting, and if you have to worry about whether a gun is loaded, that will impact your ability to act,” says Custodio. “So my feeling is that charges for Alec aren’t about him as an actor, but him as a producer. And there seems to be evidence his set was fast and loose when it came to weapons.”
Ritter agrees. “I can’t imagine holding someone responsible if your only responsibility is hearing from an armorer that a weapon is safe, so you can then act,” he says. “Prosecutors feel there was a larger breakdown, and that (Baldwin) was responsible.”
