19 January 2023 , 17:11
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The family of cinematographer Halyna Hutchins have seemingly welcomed news of Alec Baldwin's manslaughter charge – saying "no one is above the law".
Baldwin, 64, could face up to 18 months behind bars following the 2021 fatal shooting of Halyna on the movie set of Rust.
Filmmaker and mother-of-one Hutchins was killed on the set in October of that year when Baldwin discharged a prop gun, which also injured the film's director Joel Souza.
Halyna, 42, was airlifted to hospital from the New Mexico set but died of her injuries.
Both Baldwin and the film’s armourer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter over the death of Ms Hutchins on the film’s Santa Fe County set - a charge that carries a maximum of 18 months in prison.
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Alec Baldwin will be charged over the shooting of Halyna (Getty Images)
Halyna killed on the set of Rust in October 2021 (Getty Images for SAGindie)"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," attorney Mary Carmack-Altwies said.
"On my watch, no one is above the law, and everyone deserves justice."
Speaking on behalf of the Hutchins family, Halyna's husband Matt's attorney Brian Panish said: "We want to thank the Santa Fe Sheriff and the District Attorney for concluding their thorough investigation and determining that charges of involuntary manslaughter are warranted for the killing of Halyna Hutchins with conscious disregard for human life.
"Our independent investigation also supports charges are warranted. It is a comfort to the family that, in New Mexico, no one is above the law. We support the charges, will fully cooperate with this prosecution, and fervently hope the justice system works to protect the public and hold accountable those who break the law."
Both Baldwin and the film’s armourer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter (AFP via Getty Images)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.
The first charge can be referred to as involuntary manslaughter and requires proof of underlying negligence. This charge also includes the misdemeanour charge of the 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 fourth-degree felonies and are punishable by up to 18 months in jail and a 5,000 dollar (£4,000) fine.
Baldwin, 64, could face up to 18 months behind bars (Alec Baldwin/Instagram)
Halyna's family attorney has since released a statement (alecbaldwininsta/instagram)The second charge includes a firearm enhancement or added a mandatory penalty, which 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 special prosecutor Andrea Reeb.
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"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."