Alec Baldwin accused of 'wilful disregard for others' safety' before Rust death
Alec Baldwin was not present for "mandatory" firearms training and instead had a half an hour session on set, during which he was distracted by a phone call to his family, in the lead up to the shooting of Halyna Hutchins, it has been alleged.
The actor's “reckless deviation from known standards and practice and protocol” directly caused the fatal shooting of the Rust cinemaphotographer Hutchins, the Santa Fe District Attorney’s Office has claimed.
In a report, the DA alleged Baldwin, 64, had shown “wilful disregard” for the safety of others in the days leading up to the incident on the Rust movie set in New Mexico.
It comes as both Baldwin and the film’s armourer Hannah Gutierrez-Reed were formally charged with two charges of involuntary manslaughter stemming from the incident in October 2021.
Baldwin vowed earlier this month to fight the charges his lawyer calls a "terrible miscarriage of justice".
Alec Baldwin's wife Hilaria rallies round actor as he faces manslaughter chargeHutchins' family welcomed the charges back in January, saying Hollywood star Baldwin showed "conscious disregard for human life".
The charges were formally filed on Tuesday by the Santa Fe District Attorney’s Office, along with a statement of probable cause.
The statement said that on the day of the shooting, there were “no less than a dozen acts, or omissions of recklessness” on the set in the period prior to the incident.
“The evidence and statements documented in this affidavit confirm many instances of extremely reckless acts or reckless failures to act by Baldwin in a 10-day period,” the statement read.
“Evidence clearly shows that none of the incidents or issues were addressed by Baldwin, in his position as actor or producer, to mitigate future occurrences of recklessness, correct reckless behaviour, or correct training deficiencies.
“Baldwin's deviation from known standards, practice and protocol directly caused the fatal death of Hutchins.”
Referring to the moments leading up to the shooting itself, the statement added that Baldwin had pointed the weapon at Ms Hutchins which was another deviation from protocol.
“Whether guided by (Hutchins’) directions or not, Baldwin knew the first rule of gun safety is never point a gun at someone you don’t intend on shooting,” it read.
“In addition, always assume a gun is loaded. Had Baldwin performed the required safety checks with the armorer, Reed, this tragedy would not have occurred.”
The DA also alleges that Gutierrez-Reed was “inexperienced and unqualified” for the practice of lead armourer and “possessed no certification or certifiable training”.
Alec Baldwin claims involuntary manslaughter charge enhancement is 'unlawful'The report noted that she had only been an armourer on one production prior to her work on the film.
“As the producer of a firearm intense film, evidence shows that Baldwin allowed, through acts or omissions, the hiring of inexperienced and unqualified Reed for this production, failed to mitigate or establish more precautions to protect against Reed’s inexperience, or failed to demand the minimum safety standards, protocols, and requirements on set,” the statement read.
Both Baldwin and Gutierrez-Reed will be “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 DA’s office said previously.
The first charge can be referred to as involuntary manslaughter and requires proof of underlying negligence.
This charge also includes the misdemeanour charge of negligent use of a firearm, which would likely merge as a matter of law.
The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death.
Under New Mexico law, both charges are a fourth-degree felony and are punishable by up to 18 months in jail and a 5,000 dollar (£4,000) fine.
The second charge includes a firearm enhancement, or added mandatory penalty, which makes the crime punishable by a mandatory five years in jail.