Charges of involuntary manslaughter against Alec Baldwin in the killing of cinematographer Halyna Hutchins on the set of their movie Rust will be dropped, Deadline reported on Thursday.
Sources told the outlet that recently designated special prosecutors Kari Morrissey and Jason Lewis are expected to file dismissal paperwork imminently. The news comes on the same day as production resumed on the Western film in Montana and less than two weeks before a trial was to begin in New Mexico, with Baldwin’s first court appearance slated for May 3.
“We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” the actor’s lawyers, Luke Nikas and Alex Spiro, said in a statement to ABC News. Representatives for the Santa Fe’s district attorney’s office had no comment when contacted by Deadline.
As it currently stands, Baldwin’s codefendant and *Rust ex–*prop armorer Hannah Gutierrez-Reed is still facing two counts of involuntary manslaughter for the shooting, which killed Hutchins and wounded director Joel Souza in October 2021. The film’s first assistant director, Dave Halls, who was entrusted with the set’s safety, accepted a plea bargain for the charge of negligent use of a deadly weapon. He received a sentence of six months unsupervised probation.
The case against Baldwin, who has maintained his innocence, hit multiple snags in recent months. In mid-March, Andrea Reeb, the special prosecutor, quit in response to a motion filed by the actor’s attorney that asked the judge to remove Reeb over her separate political job as a member of New Mexico’s state legislature. In February, prosecutors withdrew a “firearm enhancement” charge that, with a conviction, would have carried a mandatory five-year prison sentence because the current version of the law was passed after the tragedy.
New Mexico prosecutors on Thursday said they would drop criminal charges against actor Alec Baldwin in the fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie “Rust” in 2021.
The decision came after new evidence surfaced on the gun Baldwin was using that fired the live round that killed Hutchins, according to a person familiar with the investigation.
The movie’s weapons handler, Hannah Gutierrez-Reed, was also charged in the case and her prosecution will continue, state prosecutors said in a statement.
“New facts were revealed that demand further investigation and forensic analysis,” special prosecutors Kari Morrissey and Jason Lewis said, without giving further details. “We will therefore be dismissing the involuntary manslaughter charges against Mr. Baldwin.”
But they added: “This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled.”
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Rust movie shooting: Alec Baldwin says cinematographer’s death ‘never going to be behind us’ in new statement
The dramatic turn in the 18-month-old case arrived on the same day that Baldwin and other cast members resumed filming the movie in Montana.
“We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” his lawyers Luke Nikas and Alex Spiro said in a statement.
On Instagram, Baldwin thanked his wife, Hilaria Baldwin for her support.
“I owe everything I have to this woman,” he wrote. Baldwin also gave a shoutout to Nikas, writing, “(and to you, Luke).”
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Baldwin, 65, and Gutierrez-Reed, 25, were charged in January with two counts of involuntary manslaughter for the Oct. 21, 2021, shooting on a film set outside Santa Fe, New Mexico. Hutchins died, and director Joel Souza was injured, when a Colt .45 revolver Baldwin was rehearsing with fired a bullet.
In a statement on Thursday, Gutierrez-Reed’s lawyers Jason Bowles and Todd Bullion said, “We fully expect at the end of this process that Hannah will also be exonerated.”
Baldwin was accused of showing a “reckless” disregard for safety in Hutchins’ death. Prosecutors said video showed him with his finger on the trigger of the revolver minutes before it fired the live round.
Bodycam footage from Baldwin ‘Rust’ set shooting shows moments after incident
Baldwin has said he was told the gun was “cold” – an industry term meaning it did not contain any ammunition with an explosive charge – and he never pulled the trigger.
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Investigators have not been able to determine how live rounds made it on the set.
After an evidence viewing in the case last week, new information showed that the reproduction long Colt .45 “Peacemaker” revolver Baldwin was using had had parts added to it since its manufacture by Italian gunmaker Pietta, according to the source with knowledge of the case.
“It definitely was modified, which compromises the whole argument that the gun was in fully functioning operating form and could only have fired if Baldwin pulled the trigger,” the person said.
A status conference was scheduled for Friday at 2:30 p.m. (1630 Eastern Time) on the charges against Baldwin and Gutierrez-Reed.
The state’s prosecution has been beset by legal errors, with the most serious charge against defendants dropped in February and two prosecutors forced to step down.
‘Rust’ movie set shooting: New Mexico Sheriff confirms Baldwin’s gun fired live lead bullet
The two sides had been discussing charges ahead of a May 3 hearing, when a New Mexico judge was set to decide whether Baldwin and Gutierrez-Reed should stand trial.
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The first assistant director, Dave Halls, was sentenced last month to a suspended sentence after he pleaded guilty to negligent use of a deadly weapon. Prosecutors had said he was responsible for set safety.
Gutierrez-Reed has blamed the shooting on other factors including possible sabotage, Baldwin’s lack of training, and a failure by Halls and Baldwin to ask her for extra checks.
Baldwin settled a lawsuit in October with the cinematographer’s husband, Matt Hutchins, in a deal that made Matt Hutchins an executive producer on the movie.
(Reporting by Andrew Hay, Joseph Ax and Tyler Clifford; Additional reporting by Jasper Ward; Editing by Cynthia Osterman and Josie Kao)
The movie “Rust,” will resume production this week at Yellowstone Film Ranch in Montana, Rust Movie Productions confirmed to CBS News Tuesday.
The Western film, which will star Alec Baldwin, halted production in 2021 after cinematographer Halyna Hutchins was fatally shot by Baldwin on set when his prop gun discharged a live round of ammunition.
Baldwin was pointing the prop gun at Hutchins during rehearsals when the weapon went off, killing Hutchins and injuring the film’s director, Joel Souza, on the New Mexico film set.
In January, Baldwin and the crew armorer, Hanna Gutierrez-Reed, were formally charged with involuntary manslaughter, to which Baldwin pled not guilty in February.
The actor and producer previously settled with Hutchins’ husband in 2022 and named him an executive producer of the movie.
In 2021, the movie’s producers were sued by the script supervisor for repeatedly putting the safety of the crew in danger and skimping on safety measures to cut costs. The suit alleges that guns had been misfired on set twice before the fatal shooting, and that Baldwin’s gun was frequently left unattended.
SANTA FE, N.M. (AP) — Santa Fe’s district attorney has appointed two veteran New Mexico lawyers to serve as the new special prosecutors in the manslaughter case against Alec Baldwin and a weapons supervisor in the fatal shooting of a cinematographer during a 2021 movie rehearsal.
The appointment of Kari Morrissey and Jason Lewis to the positions will allow District Attorney Mary Carmack-Altwies to focus on New Mexico’s “broader public safety needs,” her spokesperson Heather Brewer said in a statement Wednesday.
Carmack-Altwies subsequently had been preparing to appoint a new special prosecutor and also guide the complex case as co-counsel.
But Judge Mary Marlowe Sommer said on Monday the district attorney should either lead the case on her own or turn it over entirely to another prosecutor.
Baldwin and movie armorer Hannah Gutierrez-Reed have pleaded not guilty to charges of involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins. The charges carry a maximum penalty of 18 months in prison and fines.
Hutchins died shortly after being wounded Oct. 21, 2021, during rehearsals for the Western film “Rust” at a ranch on the outskirts of Santa Fe. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.
A defense attorney for Gutierrez-Reed objected to Carmack-Altwies’ earlier plans to serve as co-counsel, arguing it would be illegal under New Mexico law and fundamentally unfair to a 25-year-old defendant with limited financial resources.
Brewer said the appointment of Morrisey and Lewis, with their “extensive experience and trial expertise, will allow the state to pursue justice for Halyna Hutchins and ensure that in New Mexico everyone is held accountable under the law.”
A weekslong preliminary hearing in May will decide whether evidence against Baldwin and Gutierrez-Reed is sufficient to proceed to trial.
Andrea Reeb announced Tuesday that she would be voluntarily stepping down, following a motion filed by the actor’s attorney that asked the judge to remove her over her separate political job as a member of New Mexico’s state legislature.
The case will still move forward, but it’s unclear who will replace Reeb, a Republican who was elected to the 64th district in the state’s house of representatives. Her resignation was the second major setback for prosecutors. In February, they had to withdraw a “firearm enhancement” charge that would have carried a mandatory five-year prison sentence because the law was passed after the October 2021 shooting on the set of the western drama Rust that claimed the life of cinematographer Halyna Hutchins.
Baldwin and prop armorer Hannah Gutierrez-Reed were both facing this additional charge as they faced trial for involuntary manslaughter. The film’s assistant director, Dave Halls, who was responsible for safety on set, accepted a plea bargain for the charge of negligent use of a deadly weapon. He received a suspended sentence and six months of probation.
In her statement, Reeb, who was a lifelong prosecutor before being elected to the state legislature last November, said she was resigning to avoid being a distraction: “After much reflection. I have made the difficult decision to step down as special prosecutor in the Rust case. My priority in this case—and in every case I’ve prosecuted in my 25-year career—has been justice for the victim. However, it has become clear that the best way I can ensure justice is served in this case is to step down so that the prosecution can focus on the evidence and the facts, which clearly show a complete disregard for basic safety protocols led to the death of Halyna Hutchins. I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand.”
Baldwin’s attorneys sought her removal by citing Article III of New Mexico’s constitution, which restricts members of one branch of government, such as the state legislature, from serving in another, such as the judicial. They declined to comment for this story.
The Santa Fe District Attorney’s office says they have no information about who might fill Reeb’s vacancy.
A film-industry weapons supervisor made her first formal court appearance Friday on a felony charge in the shooting death of a cinematographer by actor Alec Baldwin on the set of a Western movie.
Hannah Gutierrez-Reed’s attorney said his client will plead not guilty, but the judge did not take that plea during the virtual court proceeding. Instead, the judge issued conditions of release that allow Gutierrez-Reed to keep a gun at home for self-defense.
Gutierrez-Reed and Baldwin were charged last month with felony involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins, who died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe in October 2021.
Gutierrez-Reed’s attorney told the judge his client has received numerous threats and was forced to file for a restraining order against a stalker. He said authorities released documents related to the case and failed to redact identifying information that included phone numbers.
District Attorney Mary Carmack-Altwies told the judge she adamantly opposed the request because of Gutierrez-Reed’s “sloppy mishandling of firearms and guns” on the set. She suggested Gutierrez-Reed could either move or keep a bat or pepper spray in her house instead.
Gutierrez-Reed’s attorney, Jason Bowles, challenged the district attorney’s characterization and disputed the claim about sloppiness.
“There is no allegation that she is a danger to anyone having a firearm within her home and it’s for self-protection because of actions that the state took in releasing private information. That is the reason for that request,” he said.
In addition to allowing Gutierrez-Reed to have a gun at home, the judge ordered her not to have any contact with witnesses who might testify as part of the case.
A day earlier Baldwin agreed to forgo a hearing to have his rights explained to him and entered a plea of not guilty.
The judge allowed Baldwin to have limited contact with potential witnesses in connection with plans to complete the filming of “Rust.” Other provisions included a prohibition on consuming alcohol and against any possession of weapons, including firearms.
Work on “Rust” was halted with Hutchins’ death. Rust Movie Productions says filming is expected to resume this spring, without the use of real weapons or ammunition.
The involuntary manslaughter charges against Baldwin, a lead actor and co-producer on “Rust,” and Gutierrez-Reed, the film’s armor, are punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.
Prosecutors and defense attorneys are preparing for a likely preliminary hearing within a few months to determine whether there is sufficient evidence to proceed to trial.
Baldwin’s attorney Luke Nikas said when the charges were announced that they were “a terrible miscarriage of justice.” He said Baldwin relied on the professionals with whom he worked and “had no reason to believe there was a live bullet in the gun.”
Bowles had said the charges were the result of “a very flawed investigation and an inaccurate understanding of the full facts.” He said he believed jurors will exonerate his client.
Prosecutors say assistant director David Halls, who oversaw safety on set, has signed an agreement to plead guilty in the negligent use of a deadly weapon, explaining that he may have handled the gun improperly before it was given to Baldwin.
A judge is scheduled to consider approval of the plea agreement in March. Halls waived his first appearance in court.
Note: This version corrects that Gutierrez-Reed did not enter a plea during the court proceeding. Her attorney said she will plead not guilty. But the judge did not take that plea Friday.
Alec Baldwin has pleaded not guilty to charges of involuntary manslaughter stemming from the fatal shooting on the New Mexico set of his movie “Rust,” court records show. Baldwin entered the plea Thursday and waived his first court appearance, which had been scheduled for Friday.
District Judge Mary Sommer agreed to waive the hearing and set several conditions for Baldwin’s release, including prohibiting the actor from handling firearms and drinking alcohol.
Baldwin is also prohibited from discussing the shooting and any possible testimony with any potential witnesses. The only interaction he is allowed to have with potential witnesses is “in connection with completing the ‘Rust’ movie,” Sommer wrote, and other related activities such as promotion.
Baldwin is facing two charges of involuntary manslaughter for the October 2021 shooting, in which a gun that the actor was holding during rehearsal discharged, killing cinematographer Halyna Hutchins and wounding director Joel Souza. If convicted, Baldwin faces up to 18 months in prison and a $5,000 fine. The charges originally included an enhancement that could have landed Baldwin in jail for up to five years, but that provision was later dropped.
Hannah Gutierrez-Reed, the film’s armorer, is also charged with two counts of involuntary manslaughter, while assistant director David Halls is charged with negligent use of a deadly weapon. Halls on Thursday also pleaded not guilty and waived his first court appearance, records showed.
Baldwin has claimed he did not pull the trigger on the gun, which should not have been loaded with a live round. Prosecutors have said the gun could not have discharged without the trigger being pulled, and that both Gutierrez-Reed and Halls failed to properly inspect and supervise the use of the firearm.
A probable cause document alleges that Baldwin, who is also a producer on the film, failed to address “multiple significant safety violations” on the New Mexico set, and noted that the actor failed to attend training in basic firearms safety rules, which had been made available to Baldwin.
“The evidence clearly indicates that Baldwin recklessly ignored these rules, on multiple occasions, resulting in the fatal shooting,” the statement said.
Filming for “Rust” is set to resume in the spring of 2023 at the Yellowstone Film Ranch in Montana.
Prosecutors have downgraded the involuntary manslaughter charge against actor Alec Baldwin and the woman who was in charge of prop guns on the set of “Rust.” They’ll now face a maximum of 18 months in prison if found guilty in the accidental shooting on the movie set instead of five years.
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Actor Alec Baldwin arrives at the 2022 Robert F. Kennedy Human Rights Ripple of Hope Award Gala at the Hilton Midtown in New York on December 6, 2022.
Angela Weiss | Afp | Getty Images
Prosecutors have downgraded the involuntary manslaughter charges against Alec Baldwin, reducing the possible prison time the Hollywood star may face for the 2021 fatal shooting on the set of the movie “Rust,” charging documents showed.
New Mexico First Judicial District Attorney Mary Carmack-Altwies had charged Baldwin and the movie’s set armorer, Hannah Gutierrez-Reed, with two counts of involuntary manslaughter last month for the death of cinematographer Halyna Hutchins, with the most serious charge carrying a potential prison sentence of five years in jail.
Carmack-Altwies filed altered charges for Baldwin and Gutierrez-Reed on Friday, removing the firearm enhancement and reducing their possible prison sentence from a minimum of five years to a maximum of 18 months.
“In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the district attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the “Rust” film set,” Heather Brewer, a spokesperson for the New Mexico First Judicial District Attorney, said in a statement.
A lawyer for Baldwin did not immediately respond to a request for comment.
“We applaud the decision of the district attorney to dismiss the firearm enhancement and it was the right call, ethically, and on the merits,” said Jason Bowles, an attorney for Gutierrez-Reed.
The “30 Rock” actor has denied responsibility for the shooting, which occurred as a revolver he was rehearsing with fired a live round that killed Hutchins. He has said he cocked the revolver but never pulled the trigger and it was the job of Gutierrez-Reed and other weapons professionals to ensure it was unloaded.
Gutierrez-Reed testified to New Mexico’s worker safety agency (OSHA) on Dec. 7 that the shooting might have been prevented had she had more time to train Baldwin. She said he had “poor form” when using the revolver.
Prosecutors in New Mexico have dropped a firearm enhancement from one of the manslaughter charges against actor and producer Alec Baldwin, officials announced Monday. Baldwin still faces two charges of involuntary manslaughter in the deadly shooting on the set of his Western film “Rust” in 2021.
With the firearm enhancement, Baldwin could have faced a mandatory five-year sentence if he was convicted in the death of the film’s cinematographer, Halyna Hutchins. Baldwin was holding a gun during a rehearsal when it discharged, killing Hutchins and wounding director Joel Souza.
Baldwin has said he didn’t pull the gun’s trigger. Prosecutors said the weapon couldn’t fire without the trigger being pressed.
Baldwin’s attorneys had been fighting against the enhancement in court, arguing that prosecutors used a 2022 version of the law that didn’t apply to the 2021 shooting.
Heather Brewer, a spokesperson for District Attorney Mary Carmack-Altwies, said in a statement the decision to drop the enhancement was made “in order to avoid further litigious distractions by Mr. Baldwin and his attorneys.”
“The prosecution’s priority is securing justice, not securing billable hours for big-city attorneys,” Brewer said.
Prosecutors made the same change to one of the charges against the film’s armorer, Hannah Gutierrez-Reed. “We applaud the decision and it was the right call,” Jason Bowles, an attorney for Gutierrez-Reed, said in a statement.
An attorney for Baldwin declined to comment immediately following Monday’s developments.
Baldwin and Gutierrez-Reed are scheduled to make their initial court appearances Friday morning. Both defendants are expected to make their appearances remotely via an online connection, a court spokesperson said earlier this month.
The manslaughter charges against Alec Baldwin relating to the 2021 fatal shooting on the set of the movie “Rust” have been downgraded by prosecutors in New Mexico, which will reduce the prison time the actor could face in the death of the movie’s cinematographer, Halyna Hutchins.
The move comes after attorneys for Baldwin filed a motion this past month to have the firearm enhancement charge dropped, arguing prosecutors were incorrect.
A statement released by Heather Brewer, a spokeswoman for the New Mexico First Judicial District Attorney’s Office, said the enhancement charge was being dropped “to avoid further litigious distractions by Mr. Baldwin and his attorneys,” adding that “the prosecution’s priority is securing justice, not securing billable hours for big-city attorneys.”
The decision to drop that charge reduces the prison time Baldwin could face by at least five years.
Baldwin was formally charged in the case back in February, along with set’s armorer, Hannah Guiterrez Reed. The charges included two counts of involuntary manslaughter, the DA’s office said at the time.
Attorneys for both defendants previously insisted their respective clients are innocent.
Hutchins was struck and killed by a live round of ammunition fired from a prop gun that was being held by Baldwin, who maintains he did not pull the gun’s trigger.
The movie’s director Joel Souza was also shot and injured.
Earlier this month, the parents and sister of Hutchins sued Baldwin, as well as the movie’s production company and others over her death.
In January, a production attorney told CNN that Baldwin intends to complete the film and continue to star in the lead role.
The Santa Fe District Attorney investigating the lethal accidental shooting of cinematographer Halyna Hutchins has dropped a charge against actor-producer Alec Baldwin that could have sent him to jail for a mandatory five years.
Heather Brewer, a spokesperson for New Mexico First Judicial District Attorney Mary Carmack-Altwies, told The New York Times that the charge in question—known as an enhancement because it applies mandatory sentencing guidelines in firearm cases—was dropped to “avoid further litigious distractions by Mr. Baldwin and his attorneys.”
The withdrawal of the charge against Baldwin, first reported by TMZ, is significant, though there is still the remote possibility that, if convicted of involuntary manslaughter, he could still serve time in jail.
Earlier this month, Baldwin and his legal team argued that adding the five-year enhancement charge was “a basic legal error” since the law creating the charge didn’t exist until May 2022, seven months after the accident on the set of Baldwin’s film Rust. At the time of the incident, a three-year enhancement law against “brandishing” a firearm was in place, but Baldwin’s lawyers claimed that law did not apply either, because “brandishing” is understood to mean an “intent to intimidate or injure a person.” Baldwin has said the shooting was an accident, and told George Stephanopoulosin a December 2021 interview that he had “no idea” the gun was loaded, and that he “didn’t pull the trigger.” In November 2022 he initiated a lawsuit against other Rust crew members for negligence in an effort to “clear his name.”
Baldwin’s attorneys have pushed back forcefully on numerous fronts. In addition to fighting the enhancement charge, they claimed that the special prosecutor on the case, Andrea Reeb, should be disqualified from the case, because her position as a state lawmaker prohibits her from holding judicial authority.
Spokesperson Brewer commented on these maneuvers at the time by saying, “Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the Rust film set that led to Halyna Hutchins’ death.”
Strangely enough, last week producers on Rust, a lower-mid-budget Western written and directed by Joel Souza based on a story by Souza and Baldwin and co-produced by Baldwin, announced that they would finish production the spring. Hutchins’s widower, Matthew Hutchins, will now serve as an executive producer.
“Though bittersweet, I am grateful that a brilliant and dedicated new production team joining former cast and crew are committed to completing what Halyna and I started,” Souza said in a statement. “My every effort on this film will be devoted to honoring Halyna’s legacy and making her proud. It is a privilege to see this through on her behalf.”
The producers of Rust say they are determined to finish the movie, even after cinematographer Halyna Hutchins lost her life when a gun held by Alec Baldwin fired a live round of ammunition, killing Hutchins and wounding writer-director Joel Souza.
Souza, who was hit in the shoulder, will be returning to the project, which now counts Hutchins’s widowed husband, Matthew Hutchins, as one of its executive producers. (Lawyers for Hutchins did not immediately reply to a request for comment.) The current plan is to resume filming in the spring, the producers said in a statement. A previous announcement that the movie would begin completion in January did not come to fruition.
“Though bittersweet, I am grateful that a brilliant and dedicated new production team joining former cast and crew are committed to completing what Halyna and I started,” Souza said in the statement. “My every effort on this film will be devoted to honoring Halyna’s legacy and making her proud. It is a privilege to see this through on her behalf.”
Last month, Santa Fe district attorney Mary Carmack-Altwies announced criminal charges against Baldwin, armorer Hannah Gutierrez Reed, and assistant director Dave Halls. Halls accepted a plea bargain, but the other two cases of involuntary manslaughter are moving closer to trial. Baldwin’s lawyers have contested his charge, noting that the “firearm enhancement” that adds a mandatory five-year sentencing was written into law after the shooting incident.
In addition to Matthew Hutchins, the slate of producers has also added Grant Hill, a two-time Academy Award nominee for producing best-picture contenders The Thin Red Line and The Tree of Life.
Cinematographer Bianca Cline (Marcel the Shell With Shoes On) will step into the director of photography void left by Hutchins. Cline’s representative did not immediately respond to a request for comment, but the producers’ announcement said that Cline was hired “at [Matthew] Hutchins’ behest and with his blessing and support” and that she “will complete Halyna’s vision for the film.” It also said she would donate her salary “ to charity in honor of Halyna.”
Some of Rust’s original crew have pledged to return to finish their work, among them stunt coordinator Allan Graf, hair and makeup department heads Anna Williams and Stacy Lockhart, and costume designer Terese Davis.
Among the new additions to the crew are safety officers Gary Jensen and Paul Jordan, line producer Stephen Marinaccio, and production designer Christine Brandt.
An exact start date was not confirmed. The independent film does not currently have a distributor.
If Rust actually is completed, there will be not just one movie but two that ultimately result. The producers said they had also authorized director Rachel Mason and producer Julee Metz to make a documentary about Halyna Hutchins, her untimely death, and the completion of the movie.
The Ukraine-based relatives of a slain cinematographer are seeking damages in her death from actor Alec Baldwin in connection with a fatal shooting on the set of a Western movie, under a civil lawsuit filed Thursday in Los Angeles.
The new lawsuit against Baldwin was filed in Los Angeles County Superior Court on behalf of Hutchins’ parents and younger sister, who works as a nurse in Ukraine on the outskirts of the capital city of Kyiv and is married to a Ukrainian combatant in the war with Russia.
Cinematographer Halyna Hutchins died shortly after being wounded during a rehearsal the movie “Rust” in October 2021 at a film-set ranch on the outskirts of Santa Fe. Baldwin was pointing a pistol at Hutchins when it discharged, killing Hutchins and wounding director Joel Souza.
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It alleges negligence and the depravation of benefits, based on the emotional or financial support that Hutchins previously provided to younger sister Svetlana Zemko and parents Olga Solovey and Anatolii Androsovych. The lawsuit also names as defendants a long list of “Rust” crew members, an ammunition supplier, producers of the film and affiliated businesses.
Separately, Baldwin and weapons supervisor Hannah Gutierrez-Reed are confronting felony criminal charges of involuntary manslaughter in New Mexico District Court, with a remote first appearance scheduled later this month in which pleas may be entered. Baldwin and Gutierrez-Reed have vowed to dispute the charges, while an assistant director has agreed to plead guilty to lesser charges.
Santa Monica, California-based attorney Gloria Allred described Zemko as a working emergency-room nurse who is raising an infant and 4-year-old child while her husband fights on behalf of Ukraine in the war with Russia.
At a news conference, Allred said that Zemko “had a very close and loving relationship with her big sister, Halyna, and she feels strongly that anyone who is responsible for her loss must be held accountable.”
Bodycam footage from Baldwin ‘Rust’ set shooting shows moments after incident
Attorneys for Baldwin could not be reached immediately for comment.
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Matthew Hutchins, widower to Halyna Hutchins, reached an undisclosed settlement with Baldwin and other producers of Rust late last year. Part of the settlement calls for Matthew to be a producer on “Rust” as it potentially resumes filming.
Baldwin has sought to clear his name by suing people involved in handling and supplying the loaded gun. Baldwin, also a co-producer on “Rust,” said he was told the gun was safe.
In his lawsuit, Baldwin said that while working on camera angles with Hutchins, he pointed the gun in her direction and pulled back and released the hammer of the weapon, which discharged.
The new lawsuit against Baldwin, though filed in California, relies on provisions of New Mexico state law regarding the depravation of benefits, also known as “loss of consortium.”
The parents and sister of Halyna Hutchins, the cinematographer who was shot and killed during a rehearsal on the ‘Rust’ film set in 2021 are suing actor Alec Baldwin, the movie’s production company and others over her death.
The lawsuit filed Thursday in Los Angeles Superior Court alleges the defendants caused intentional infliction of emotional distress, negligence and loss of consortium in Hutchins’ untimely death, attorney Gloria Allred announced in a news conference.
Hutchins’ parents and sister live in Ukraine and are struggling to cope with the tragedy while living “in the midst of Putin’s war,” Allred said. Hutchins’ mother is a nurse, treating soldiers in a hospital near Kiev, and her brother-in-law is a soldier fighting in the war.
CNN is seeking comment from Baldwin and the film’s production company.
An attorney for on-set armorer, Hannah Gutierrez Reed, who was also named in the suit, had no comment.
Last fall, a settlement was reached between Baldwin and the production company and Matthew Hutchins, Halyna Hutchins’ widower. Allred said this lawsuit is necessary because these family members also deserve accountability and justice, and claims that Baldwin and the film production team have not reached out these family members.
“They haven’t heard from Alec Baldwin – the man with the gun,” Allred said, “the gun that ended the life of their daughter.”
Baldwin and movie set armorer Gutierrez Reed are also facing criminal charges related to the shooting. David Halls, also named in the suit, has reached a plea agreement with the Santa Fe County District Attorney’s Office.
“What we seek is an acknowledgement of what was taken – the loving relationship,” said Allred. “Whatever happens with the criminal case, we are pursuing this civil lawsuit for them to win justice.”
Allred added: “There’s no real justice when someone’s been killed.”
“Justice is in finding the truth,” added co-counsel John Carpenter.
Actor and producer Alec Baldwin is facing a new lawsuit over the shooting on the set of the movie “Rust” in 2021 that killed cinematographer Halyna Hutchins.
Attorney Gloria Allred announced on Thursday the filing of a new suit against Baldwin and several other parties involved in the production of “Rust” on behalf of Hutchins’ sister and parents. During a press conference, Allred said the lawsuit alleges “battery, intentional infliction of emotional distress, negligence, and loss of consortium” for Hutchins’ mother, father and sister.
“It’s clear to us that the relationships of all of our clients have been damaged and that they will not be able to enjoy life in the same way as they did when their precious Halyna was alive,” Allred said.
Hutchins’ family lives in Ukraine, where her mother is a front-line nurse in the country’s war with Russia.
“There has been no outreach to them by Mr. Baldwin to even say he was sorry,” Allred said. “We want accountability and just for them. It’s as simple as that.”
Baldwin was holding a Colt gun during a rehearsal for the film in New Mexico when it discharged, killing 42-year-old Hutchins and wounding the director, Joel Souza. Baldwin and Hutchins’ husband, Matthew Hutchins, announced an agreement last October to settle a civil case stemming from the shooting. Allred said the new case is to represent “others in the family” because they were not included in the previous settlement. Matthew Hutchins will not be involved in the new case, Allred said.
The shooting sent shockwaves through Hollywood. Baldwin and the armorer who oversaw firearms on the set, Hannah Gutierrez-Reed, have been charged with involuntary manslaughter.
“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,” District Attorney Mary Carmack-Altwies said in a statement last month. “On my watch, no one is above the law, and everyone deserves justice.”
Allred said the civil case will continue regardless of the outcome of the criminal case.
In a video statement played by Allred, Hutchins’ sister said that her death was “one of the biggest losses of (her) life.”
“Even more devastating is to see the utter suffering of our parents and how their health has sharply declined,” she said. “It is for this reason that I would like those who are at fault … to carry that responsibility, and not just someone, but that very someone who is truly responsible for this. I believe to let this go and leave this unpunished is unallowable.”
Meanwhile, Baldwin’s defense attorneys are seeking to disqualify Andrea Reeb, the special prosecutor in the criminal case, the Associated Press reported. In a motion filed Tuesday, the actor’s legal team said New Mexico law prohibits Reeb from holding any authority in a judicial capacity since she is a state lawmaker.
In court documents obtained by ET on Tuesday, Baldwin is asking the court to remove Andrea Reeb as special prosecutor in the “Rust” case.
According to the argument, the objection is due to the fact that Reeb is a current member of the New Mexico House of Representatives.
Baldwin’s lawyers argue that Reeb, a Republican representative, cannot hold the title of a state lawmaker and that of special prosecutor, because the state constitution’s separation of powers provision prohibits her from serving as a prosecutor and as a state lawmaker.
“Doing so vests two core powers of different branches — legislating and prosecuting — in the same person,” the motion argues, “and is thus barred by the plain language of Article III of the New Mexico Constitution.”
The motion further argues that, should this arrangement be allowed, “Future District Attorneys could seek to curry favor with legislators who control their budgets by appointing them to high-profile cases” and this would lead to “distorting the legislative process.”
“At the same time, allowing a single person to exercise both legislative and prosecutorial power could taint prosecutorial decision-making,” the motion argues. “A prosecutor who also serves as a legislator could face pressure to make prosecutorial decisions that serve her legislative interests, such as by prosecuting a prominent defendant associated with an opposing faction within the Legislature even in the face of conflicting evidence or law.”
Reeb was first brought onto the case last year by the First Judicial District Attorney in Santa Fe, Mary Carmack-Altwies. She was then elected onto the state House of Representatives in November.
In response to the motion, the First Judicial District Attorney’s Office released a statement to Variety calling the filing an effort to distract from the charges themselves.
“Mr. Baldwin and his attorneys can use whatever tactics they want to distract from the fact that Halyna Hutchins died because of gross negligence and a reckless disregard for safety on the ‘Rust’ film set,” the statement claimed. “However, the district attorney and the special prosecutor will remain focused on the evidence and on trying this case so that justice is served.”
In a statement released by Carmack-Altwies and Reeb last month, it was announced that charges were filed against Baldwin after the gun he was holding discharged, killing Hutchins and wounding director Joel Souza on the Western film set in New Mexico.
‘Rust’ armorer Hannah Gutierrez-Reed was also charged with two counts of involuntary manslaughter.
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 first charge is referred to as involuntary manslaughter. For this charge to be proved, there must be underlying negligence. This also includes a misdemeanour charge for negligent use of a firearm. 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.
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 $5,000 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.
As for David Halls, the film’s assistant director, he 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.
Alec Baldwin was formally charged Tuesday with involuntary manslaughter over the fatal 2021 shooting of cinematographer Halyna Hutchins on the New Mexico set of his film “Rust.” Court documents allege Baldwin missed required firearm training prior to filming. Kris Van Cleave has the latest.
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By now you’re familiar with the ongoing saga of Alec Baldwin and the tragic shooting accident of a cinematographer on the set of his film “Rust.” Earlier this month, Baldwin was charged with involuntary manslaughter in Arizona, the state where the incident occurred, and faces up to 18 months in prison if found guilty. This is an awful situation. But it’s also a reminder of the liabilities we all face as business owners. Because, as a producer of the film, Baldwin was a part owner of the enterprise. And with that great opportunity for profit also comes great responsibility.
And these responsibilities extend to all areas of our businesses.
For example, as a certified public accountant, I’ve signed tax returns for clients in the past. And, even though I do have both professional and legal requirements I must fulfill, in the end, a company’s tax return is the responsibility of the company’s owners. If, like most small businesses, your business is owned by yourself or maybe with a partner or two any problem, error or issue with your tax return is ultimately on you. Even if you were unaware of an omission (or a commission) you’re still responsible for it. You can’t just blame everything on your accountant. Your signature is on that return. You own it and you’re liable — both civilly and even criminally — if there’s a significant error. So read your return. Ask questions. Know what you’re signing before you sign it.
The same goes for mistakes made by your employees while on the job. If an unsuspecting bookkeeper accidentally runs over a puppy on the way to make a bank deposit or pick up a package during company hours then this is going to be your problem. If a service technician makes an inappropriate comment to a customer out in the field you’re going to hear about it. If your delivery driver sideswipes a parked car that obligation is yours. If someone slips on your walkway, that’s going to be your responsibility too. This is why insurance exists. And the claims aren’t getting any smaller in this ever-growing litigious environment. So meet with your insurance advisor regularly and make sure your coverages are appropriate.
Unfortunately, being associated with an unpopular influencer, a controversial event or a marketing campaign that goes south is also your fault. Pepsi didn’t expect the backlash it received when the company launched a campaign featuring Kendall Jenner, who offered its product to a police officer at a protest as a peace offering. Adidas came under fire when congratulating customers who ran in 2017’s Boston Marathon with the slogan, “Congrats, you survived the Boston Marathon.” Other brands have been accused of racism, colonialism and other transgressions as a result of their misguided marketing campaigns.
But it’s not just the big brands — and their shareholders — who suffer the consequences of their actions. There are plenty of small businesses that make these mistakes. And for us, because of our size, the repercussions are more severe.
A Dallas restaurant chain caused controversy when it implemented a surcharge for employee benefits. The owner of an Italian restaurant “sparked outrage” after a Facebook post. Another business owner was slammed on social media for trying to scare off a homeless person with a hose. There are countless other stories of small businesses that suffered the wrath of Twitter and Facebook for their actions or the actions of their employees — this includes taking a position on a controversial social issue and losing customers as a result or even being forced to shut down because of it.
And there are countless other stories of business owners who, by trusting too much, had funds stolen by office managers, accountants, employees, financial executives and bookkeepers. Maybe they had insurance. Maybe they didn’t. But no insurance is going to cover the lost time and the anguish of such a loss, let alone the public humiliation of having to admit to the world that by your lack of internal controls you’ve been had. And then there is the countless number of small businesses — most of them unreported — that have suffered significant losses of data and face enormous lawsuits from angry customers thanks to their poor network security that resulted in breaches and ransomware attacks. You need insurance for all of this too.
But the answer isn’t just insurance. It’s internal controls. It’s management participation. It’s care and attention to detail and scrutiny and involvement and all the other things that a business owner must do in order to minimize their potential exposure to liability. Alec Baldwin, unfortunately, didn’t check that the gun he was using in a make-believe scene contained make-believe bullets. Maybe that was an honest oversight. Maybe he should have been more diligent. Regardless, he’s the owner of the movie-making production so he’s on the hook.
As business owners we take risks. Substantial risks. It’s what separates us from employees. An employee can walk away from a job anytime and just get another job. But the owner of a business can’t do that. We must meet obligations and are exposed to both financial and legal repercussions for the decisions we make. Let’s never forget that.
Actor Alec Baldwin and armorer Hannah Gutierrez-Reed are now both formally charged with involuntary manslaughter. Prosecutors in New Mexico say they both share responsibility for the accidental shooting death of cinematographer Halyna Hutchins on the set of the movie “Rust.” Kris Van Cleave reports.
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