By Ruthie DiTucci

DA has filed Criminal Charges in “RUST” movie set shooting. Here at SNN.BZ we collect the most relevant of YouTube news reports and documentaries that best tdescribe a case so that you don’t have to go searching for them.

Actor and Producer Alec Baldwin & Armorer Hannah Gutierrez-Reed are facing Involuntary Manslaughter Charges in the Death of Halyna Hutchins and the wounding of director Joel Souza.

Halyna wanted to film a tiny shot (a small piece of film) before anything else was filmed. She said it would just take a minute. The armorer, Gutierrez-Reed was asked to bring another gun because the plastic one they were rehearsing with, did not look realistic when viewed through the camera lens

The 24 year old armorer brought in a more realistic gun and announced “Cold gun on set” as is the industry protocol.

When Baldwin let go of the hammer, a real bullet ripped into Halyna’s under arm and exited through her left shoulder blade then continued into Souza who was standing right behind her.

Halyna had asked Alec to point the revolver into the lens. She was satisfied with what she filmed. Baldwin let go of the hammer and a loud blast went off. Anyone familiar with firearms knew they had just heard the sound of a live round.

Halyna was losing her balance and those behind her could see the back of Halyna’s shirt was quickly drenching in blood. Souza was writhing in pain on the ground and screaming. Watch the 60 Minutes Australia video above for the full story.

Those present were beginning to realize that a live round has been mixed with the dummy bullets.

Sadly, in trying to circumvent costs, those in charge of financing the movie did not want to pay a professional armorer. Instead, they hired then 24 year old Hannah Gutierrez-Reed whose training comes from her father, Thell Reed, a well known armorer. 24 year old Hannah had only worked on 2 movies before this one and was clearly over her head. She had also been hired as the prop master.

The most informative of all these videos about the incident is this 60 Minutes Australia video above.

The Santa Fe, New Mexico First Judicial District Attorney Mary Carmack-Altwies announced that, in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law, her office before the end of the month would file criminal charges in the “Rust” film-set shooting and they have.

“Rust” actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed have both been charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s Santa Fe County set in 2021. They have also been charged for shooting Souza as well.

Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.

No charges will be filed specific to the non-fatal shooting of “Rust” director Joel Souza.

“After a thorough review of the evidence and the laws 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,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”

Baldwin and Gutierrez-Reed have been “charged in the alternative” with the two counts of manslaughter, meaning that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty.

The first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law. 

The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine.  This charge includes a firearm enhancement, or added mandatory penalty, because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail.

“If any one of these three people—Alec Baldwin, Hannah Gutierrez-Reed or David Halls—had done their job, Halyna Hutchins would be alive today. It’s that simple,” said Andrea Reeb, the special prosecutor appointed by the DA to the case. “The evidence clearly shows a pattern of criminal disregard for safety on the ‘Rust’ film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously.”

Carmack-Altwies and Reeb filed formal charges with New Mexico’s First Judicial District Court. Following the filing of charges, each defendant will be issued a summons with the charging information. Shortly after receiving the summons each defendant is required to make a “first appearance,” a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.

Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.

“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said. “We are committed to upholding the integrity of that process to ensure equal justice under the law.”

Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.

The District Attorney received the final Santa Fe County Sheriff’s report on October 27, 2022, and moved quickly to carefully and thoughtfully review the evidence, allowing the DA to make her decision on charges less than three months after receiving the initiating report.